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Colorado
Revised Statutes
2012
Titles 42-43
Vehicles and Traffic
Transportation
♦ ♦♦
Edited, Collated, Revised,
Annotated, and Indexed
Under the Supervision and Direction of the
COMMITTEE ON LEGAL SERVICES
by
JENNIFER G. GILROY OF THE COLORADO BAR,
REVISOR OF STATUTES,
AND THE
OFFICE OF LEGISLATIVE LEGAL SERVICES
Published with Annotations through 272 P.3d 1196, 797 F. Supp. 2d 1163, 661 F.3d 1290,
132 S. Ct. 1882, 449 B.R. 119, 83 U. Colo. L. Rev. 338 (2011), 88 Denv. UL. Rev. 629
(2011), and 41 Colo. Law. 91 (January 2012). (See Annotation Explanation on page ix.)
Re enacted by the General Assembly as the
Positive Statutory Law of Colorado of a General and Permanent Nature
and as the Official Statutes of the State of Colorado
LexisNexis
Printers and Distributors
CONTENT OF 2012
COLORADO REVISED STATUTES
Declaration of Independence
Constitution of the United States
Enabling Act of Colorado
Constitution of the State of Colorado
Title 1.
Elections
Title 25.
Health
Title 2.
Legislative
Title 25.5.
Health Care Policy and
Title 3.
United States
Financing
Title 4.
Uniform Commercial Code
Tide 26.
Human Services Code
Title 5.
Consumer Credit Code
Title 27.
Behavioral Health
Title 6.
Consumer and Commercial
Title 28.
Military and Veterans
Affairs
Title 29.
Government — Local
Title 7.
Corporations and Associations
Title 30.
Government — County
Title 8.
Labor and Industry
Title 31.
Government — Municipal
Title 9.
Safety — Industrial and
Title 32.
Special Districts
Commercial
Title 33.
Parks and Wildlife
Title 10.
Insurance
Title 34.
Mineral Resources
Title 11.
Financial Institutions
Title 35.
Agriculture
Title 12.
Professions and Occupations
Title 36.
Natural Resources — General
Title 13.
Courts and Court Procedure
Title 37.
Water and Irrigation
Title 14.
Domestic Matters
Title 38.
Property — Real and Personal
Title 15.
Probate, Trusts, and Fiduciaries
Title 39.
Taxation
Title 16.
Criminal Proceedings
Title 40.
Utilities
Title 17.
Corrections
Title 41.
Aeronautics: Aircraft and
Title 18.
Criminal Code
Airports
Title 19.
Children's Code
Title 42.
Vehicles and Traffic
Title 20.
District Attorneys
Title 43.
Transportation
Title 21.
State Public Defender
Colorado Court Rules
Title 22.
Education
A — Z Index — Comparative Tables
Title 23.
Postsecondary Education
Title 24.
Government — State
Copyright © 2012
BY THE COMMITTEE ON LEGAL SERVICES
FOR THE STATE OF COLORADO
CERTIFICATION
OF
COMMITTEE ON LEGAL SERVICES
The Committee on Legal Services hereby certifies that the 2012 Colorado Revised Statutes
includes all the laws of a general and permanent nature of the state of Colorado as revised
and reenacted in Colorado Revised Statutes 1973, together with all of the laws of a general
and permanent nature enacted by the General Assembly subsequent to 1973, as corrected,
collated, and revised as authorized by and in conformity with Article 5 of Title 2, Colorado
Revised Statutes.
COMMITTEE ON LEGAL SERVICES:
Bob Gardner
Member of the House of Representatives
Chair
John Morse
Member of the Senate
Vice-Chair
Jeanne Labuda
Member of the House of Representatives
Claire Levy
Member of the House of Representatives
Carole Murray
Member of the House of Representatives
Mark Waller
Member of the House of Representatives
Greg Brophy
Member of the Senate
Morgan Carroll
Member of the Senate
Ellen Roberts
Member of the Senate
Gail Schwartz
Member of the Senate
m
OFFICE OF LEGISLATIVE LEGAL SERVICES
Capitol Room 091 Phone: (303) 866-2045
DIRECTOR
Dan L. C'artin
DEPUTY DIRECTOR
Sharon L. Eubanks
REVISOR OF STATUTES
Jennifer G. Gilroy
ASSISTANT DIRECTORS
Bart W. Miller, Deborah F. Haskins, Julie Pelegrin
ADMINISTRATION TEAM
Matthew Dawkins, Office Manager
Wade Harrell, Office Systems Administrator
Patti Dahlberg, Front Office Coordinator and
Senior Legislative Assistant ID
Linda Harris, Senior Legislative Assistant II
for Human Resources
Robert Garcia, Senior Legislative Assistant
BUSINESS, HEALTH CARE, NATURAL RESOURCES, AND ENVIRONMENT TEAM
Duane H. Gall, Senior Attorney &
Team Leader
Christine B. Chase, Senior Attorney &
Assistant Team Leader
Thomas Morris, Senior Attorney &
Assistant Team Leader
Kristen J. Forrestal, Senior Attorney
Charles Brackney, Senior Staff Attorney II
for Rule Review
Jery Payne, Senior Staff Attorney II
Jennifer Berman, Staff Attorney
Rebecca L. Hausmann, Head and Senior
Legislative Assistant IV
Patty Amundson, Senior Legislative Assistant IV
Holly Mandis, Senior Legislative Assistant
Kiki Miller, Legislative Assistant
CIVIL AND CRIMINAL LAW, EDUCATION, AND HUMAN SERVICES TEAM
Jeremiah B. Barry, Senior Attorney & Team
Leader
Michael Dohr, Senior Staff Attorney &
Assistant Team Leader
Brita Darling, Senior Staff Attorney
Jane M. Ritter, Senior Staff Attorney
Richard Sweetman, Senior Staff Attorney
Beth Treat, Senior Legislative Assistant
Joel Moore, Legislative Assistant II
Lara Margelofsky, Legislative Assistant
FISCAL POLICY, INFRASTRUCTURE, ELECTIONS,
EDUCATION FINANCE, AND STATE & LOCAL GOVERNMENT TEAM
Gregg W. Fraser, Senior Attorney & Team
Leader
Jason Gelender, Senior Attorney &
Assistant Team Leader
Robert S. Lackner, Senior Attorney &
Assistant Team Leader
Edward DeCecco, Senior Attorney
Esther van Mourik, Senior Staff Attorney n
Nicole Myers, Senior Staff Attorney II
Kate Meyer, Senior Staff Attorney
Effie Ameen, Head and Senior Legislative
Assistant ID
John Kilgour, Senior Legislative Assistant
Ashley Zimmerman, Senior Legislative Assistant
Cara Meeker, Legislative Assistant
PUBLICATIONS TEAM
Kathryn S. Zambrano, Publications Coordinator
Michele D. Brown, Senior Staff Attorney II
for Annotations
Anja H. Boyd, Assistant Publications
Coordinator & Senior Legislative Assistant IV
Peggy Lewis, Senior Legislative Assistant IV
Carol L. Mullins, Senior Legislative Assistant in
Nathan M. Carr, Senior Legislative Assistant II
to the Revisor of Statutes
IV
TABLE OF CONTENTS
Source note explanation vi
Colorado statutory research vii
Bills without safety clauses - explanation of effective dates ix
Annotation explanation ix
Title 42 Vehicles and Traffic Tide 42 - page 1
Tide 43 Transportation Tide 43 - page 1
Source Note Information
A source note shows the legislative history of a C.R.S. section and is located immediately
after the text of the section. The source note for each section indicates the year the section
was added, each year it was amended, and the page of the Session Laws and the section of
the bill where the amendment can be found. The source note includes the number of the
section in prior codifications when applicable. For amendments made after 1973, informa-
tion on each specific provision of the section that has been changed by a bill, the specific
change to the provision (i.e. added, added with relocations, amended, amended with
relocations, repealed, repealed and reenacted, or recreated and reenacted), and the effective
date of the bill are shown.
The legislative history is arranged by year of passage; if the section was amended by two
or more acts in the same year, the order of the information for that year is determined by
the effective dates of the acts. The effective date in the source note indicates the date the act
or portion of the act takes effect even if the text of the amendment indicates a different date.
If the year is not included with the month and day, the provision is effective the year of
passage. Additional information to assist the user in researching C.R.S. sections can be
found beginning on page vii.
The following provides a further explanation of the information found in a source note:
"L." is the symbol for "Session Laws" and will be followed by a number
indicating the year when the C.R.S. section was changed by an act generally
either creating new law, amending existing law, or repealing existing law;
except that, in the constitution, "L." also means constitutional measures
referred by the General Assembly and voted on by the people of Colorado at
a general or an odd-year election.
"Ex. Sess." is the symbol for "Extraordinary Session". If this symbol
follows the year, the amended provision can be found in the Session Laws
for an extraordinary session for that year and not in the Session Laws for the
regular session of the General Assembly for that year (S, S2 in the Red
Book).
"p." is the symbol for "page" and will be followed by a number indicating
the page of the Session Laws where the amendment to the C.R.S. section can
be found.
"§" is the symbol for "section" and will be followed by a number indicating
the section of the act where the amendment to the C.R.S. section can be
found.
"IP" is the symbol for the "introductory portion" to a section, subsection,
paragraph, or subparagraph.
"Added" means the provision was newly enacted by the act (N in the Red
Book).
"Added with relocations" means the provision in existing law was relocated
from one title, article, part, or section to another title, article, part, or section
with amendments by the act.
vi
"Amended" means the provision in existing law was amended by the act (A
in the Red Book).
"Amended with relocations'* means the provision in existing law was
amended to reorganize an entire title, article, part, or section by the act
"Repealed" means the provision was deleted from the existing law by the
act through the use of a repeal provision (R in the Red Book).
"R&RE" is the symbol for "Repealed and Reenacted" and means the
provision in existing law was repealed and reenacted by the act (RE in the
Red Book).
"RC&RE" is the symbol for "Recreated and Reenacted" and means a
previously repealed provision has been recreated by the act (RC in the Red
Book).
"Added by revision" means a provision providing for the repeal of a
statutory provision on a specified date has been added by the Re visor of
Statutes as a C.R.S. provision. Adding the provision is necessary because a
separate section of the act provided for the repeal of the provision with a
future effective date.
"Initiated" means a provision that was amended by means of an initiated
petition approved by a vote of the people of Colorado at a general or an
odd-year election.
"Referred" means a provision that was amended by a measure referred by
the General Assembly and voted on by the people of Colorado at a general
or an odd-year election; except that, in the constitution, a referred measure
is indicated by "L." and also means constitutional measures referred by the
General Assembly and voted on by the people of Colorado at a general or an
odd-year election.
Starting in 2009, references to the bill number and chapter number have been
included in the source note. If you are conducting a search on-line, the bill
number reference within the source note links directly to the bill itself.
Colorado Statutory Research
Legislative history is not already written. It must be compiled by the researcher from many
different sources and materials. The following information is a helpful starting point in
identifying information you wish to research. Consult the red book table distributed with the
session laws, the softbound editions of Colorado Revised Statutes beginning in 1997, the
comparative tables located in the back of the C.R.S. index, C.R.S. 1963 and subsequent
cumulative supplements thereto through 1971, and C.R.S. 1973 and annual cumulative
supplements thereto through 1996.
Prior to 1921, enacted laws were not compiled into a comparative table, thereby making it
more difficult to track the legislative history. Determining die subject matter in the statutory
index is the only choice for tracking the history of a statute since a statute did not retain its
original number. The General Statutes of 1883 arranged laws into numbered chapters,
alphabetically entitled, collated, and arranged by sections. This became the foundation and
vii
model for compiling the statutes until the codification of C.R.S. 1973. (See Revised Statutes
of Colorado 1908, An Act Providing For the Compilation, Publication, and Distribution of
all the general statutes of the state.)
References in some source notes throughout the Colorado Revised Statutes to "Code 08",
"Code 21", and "Code 35" are to the Revised Statutes of Colorado 1908, the Compiled
Laws of Colorado 1921, and the Colorado Statutes Annotated 1935, respectively. Each of
these volumes set forth the general statutes of the state of Colorado, including the Code of
Civil Procedure and, in 1935, the Colorado Supreme Court Rules. On January 6, 1941, the
Colorado Supreme Court adopted the new Rules of Civil Procedure, which became
effective on April 6, 1941, resulting in the publication of a replacement volume. Thereafter,
the publication of the Colorado Court Rules, although a continuing part of the Colorado
Revised Statutes, contained a combination of the Federal Rules and the Colorado Code of
Civil Procedure and, in addition, included some provisions that were entirely distinct from
both the Federal Rules and the Colorado Code of Civil Procedure, as adopted or amended
by the Supreme Court of Colorado.
To research a statute as it existed in previous years, the following is a chronological list of
C.R.S. publications and the correct citation for each publication.
Revised Statutes of Colorado
General Laws of Colorado
General Statutes of Colorado
Revised Statutes of Colorado
Compiled Laws of Colorado
Colorado Statutes Annotated
Colorado Revised Statutes 1953
Colorado Revised Statutes 1963
Colorado Revised Statutes
Comparative Tables:
R.S. 08 to C.L. 1921 - located in the front of the C.L. 1921
C.L. 1921 to CSA 1935 - located in the back of the Index to CSA 1935
CSA 1935 to CRS 1953 - located in the front of the Index to CRS 1953
CRS 1953 to C.R.S. 1963 - located in the front of the Index to C.R.S. 1963
C.R.S. 1963 to C.R.S. - located in the back of the Index to C.R.S.
Supplements to C.R.S. 1963 include:
1965 hardbound supplement containing laws enacted in 1964 and 1965
1967 hardbound supplement containing laws enacted in 1966 and 1967
1969 hardbound supplement containing laws enacted in 1968 and 1969
1971 hardbound supplement containing laws enacted in 1970 and 1971
The softbound publication of the "Official Report of the Committee on Legal Services" was
not intended as an official publication of our office. Copies were distributed to the members
of the General Assembly for the purpose of certifying the laws enacted in the 1972 and 1973
Sessions for inclusion in the compilation of the 1973 C.R.S., which was not available until
1974. To find the 1972 or 1973 amended language, refer to the session laws of either 1972
or 1973.
(1868)
R.S.
(1877)
G.L.
(1883)
G.S.
(1908)
R.S. 08
(1921)
C.L.
(1935)
CSA
(1953)
CRS 53
(1963)
C.R.S. 1963
(1973)
C.R.S.
VUl
Supplements and Replacement Volumes to C.R.S. 1973 and, on and after 1983, to
Colorado Revised Statutes
Titles
Supplements to C.R.S.
1973 and, on and after
1983, to Colorado
Revised Statutes
Replacement Volumes and
Supplements to Replacement
Volumes
Titles 42
and 43
1975-83 Supplements
1984 Replacement Volume
1985-92 Supplements
1993 Replacement Volume
1994-96 Supplements
Starting in 1997, annual softbound volumes are published each year.
For additional information on researching legislative history, see www.leg.state.co.us,
Services Agencies, and select Legislative Legal Services. Choose Legal Topics and click on
Researching Legislative History.
Bills Enacted Without A Safety Clause
Explanation of Effective Date
If a bill is enacted without a safety clause and an effective date is not indicated in the bill,
the effective date is the day following the expiration of the ninety-day period after final
adjournment of the General Assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state Constitution unless a referendum petition is
filed against the act within such time period. If a referendum petition is filed, the act, if
approved by the people, will take effect on the date of the official declaration of the vote
thereon by proclamation of the Governor or the date indicated in the act if it is later than
the Governor's proclamation. The source note for a provision contained in such an act will
indicate the actual date following the ninety-day period or the date set out in the act If a
referendum petition is filed, the date in the source note will be adjusted accordingly in the
next publication following the election where the referendum petition is considered.
Annotations
Beginning in 2012, the annotations for Colorado state appellate court decisions include both
public domain and regional reporter case cites. In preparing annotations to court decisions,
we endeavor to include the most recent decisions. Occasionally, this may result in the
inclusion of a decision before it becomes finalized and published in an official reporter. In
such instances, the case cite will contain blank spaces for the volume and page number of
the reporter. The volume and page number will be substituted for the blank spaces in
subsequent publications of the statutes.
IX
TITLE 42
VEHICLES AND TRAFFIC
TITLE 42
VEHICLES AND TRAFFIC
Editor's note: This title was numbered as numerous articles within chapter 13, C.R.S. 1963. The
provisions of this title were amended with relocations in 1994, effective January 1, 1995, resulting in
the addition, relocation, and elimination of sections as well as subject matter. For amendments to this
title prior to 1994, consult the Colorado statutory research explanatory note and the table itemizing
the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page
vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following
those sections that were relocated. For a detailed comparison of this title, see the comparative tables
located in the back of the index.
Cross references: For registration and use of snowmobiles, see article 14 of tide 33; for licensing
and regulation of automobile dealers, see part 1 of article 6 of title 12; for the antimonopoly financing
law, see part 2 of article 6 of title 12; for the Sunday closing law, see part 3 of article 6 of tide 12;
for the regulation of commercial driving schools, see article 15 of title 12; for the provisions providing
for the manufacture of license plates and highway signs by state correctional facilities, see article 24
of title 17; for provisions relating to highway safety, see article 5 of tide 43.
GENERAL AND ADMINISTRATIVE
Art. 1. General and Administrative, 42-1-101 to 42-1-407.
DRIVERS* LICENSES
Art. 2. Drivers' Licenses, 42-2-101 to 42-2-409.
TAXATION
Art. 3. Registration, Taxation, and License Plates, 42-3-101 to 42-3-313.
REGULATION OF VEHICLES AND TRAFFIC
Art. 4. Regulation of Vehicles and Traffic, 42-4-101 to 42-4-2301.
AUTOMOBILE THEFT LAW
Art. 5. Automobile Theft Law - Inspection of Motor Vehicle Identification
Numbers, 42-5-101 to 42-5-207.
CERTIFICATES OF TITLE
Art. 6. Certificates of Title - Used Motor Vehicle Sales, 42-6-101 to 42-6-206.
MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW
Art. 7. Motor Vehicle Financial Responsibility Law, 42-7-101 to 42-7-609.
PORT OF ENTRY WEIGH STATIONS
Art. 8. Port of Entry Weigh Stations, 42-8-101 to 42-8-111.
MOTOR VEHICLE REPAIRS
Motor Vehicle Repair Act, 42-9-101 to 42-9-113.
Vehicle Protection Products, 42-9.5-101 to 42-9.5-106.
Motor Vehicle Warranties, 42-10-101 to 42-10-107.
Motor Vehicle Service Contract Insurance, 42-11-101 to 42-11-108.
Title 42 -page 3
Art.
9.
Art.
9.5
Art.
10.
Art.
11.
Vehicles and Traffic Title 42 - page 4
COLLECTOR'S ITEMS
Art. 12. Motor Vehicles as Collector's Items, 42-12-101 to 42-12-405.
DISPOSITION OF PERSONAL PROPERTY
Art. 13. Disposition of Personal Property, 42-13-101 to 42-13-109.
IDLING STANDARD
Art. 14. State Idling Standard, 42-14-101 to 42-14-106.
HIGHWAY SAFETY
Art. 20. Transportation of Hazardous and Nuclear Materials, 42-20-101 to
42-20-511.
GENERAL AND ADMINISTRATIVE
ARTICLE 1
General and Administrative
PARTI
DEFINITIONS AND CITATION
42-1-101. Short tide.
42-1-102. Definitions.
PART 2
ADMINISTRATION
42-1-201. Administration - supervisor.
42-1-202. Have charge of all divisions.
42-1-203. Executive director to cooperate
with others - local compli-
ance required.
42-1-204. Uniform rules and regulations.
42-1-205. Record of Official acts - seal.
42-1-206. Records open to inspection -
furnishing of copies.
42-1-207. No supplies for private pur-
poses - penalty.
42-1-208. Information on accidents - pub-
lished.
42-1-209. Copies of law published. (Re-
pealed)
42-1-210. County clerk and recorders and
manager of revenue or other
appointed official as agents -
legislative declaration - fee.
42-1-211. Colorado state titling and reg-
istration system.
42-1-212. Consolidated data processing
system - voter registration.
(Repealed)
42-1-213. Commission of county clerk
and recorders and manager of
revenue or other appointed
official.
42-1-214. Duties of county clerk and re-
corders.
42-1-215. Oaths.
42-1-216. Destruction of obsolete re-
cords.
42-1-217. Disposition of fines and sur-
charges.
42- 1 -2 1 8. Revocations and suspensions of
licenses published. (Re-
pealed)
42-1-218.5. Electronic hearings.
42-1-219. Appopriations for administra-
tion of title.
42- 1 -220. Identification security fund - re-
peal.
42-1-221. Fuel piracy computer repro-
gramming cash fund - repeal.
(Repealed)
42-1-222. Motor vehicle investigations
unit.
42-1-223. Monitoring driving improve-
ment schools - fund - rules.
42-1-224. Criminal history check.
42-1-225. Commercial vehicle enterprise
tax fund - creation.
42- 1 -226. Disabled parking education and
enforcement fund - created.
42-1-227. Disabled parking education
program.
PART 3
GREEN TRUCK GRANT PROGRAM
42-1-301 to
42-1-305.
(Repealed)
Title 42 - page 5 General and Administrative 42-1*102
License plate auction group.
Sale of registration numbers by
group.
Creation of a private market for
registration numbers - fee.
Administration.
Registration number fund.
PART 4
LICENSE PLATE AUCTIONS
42-1-403.
42-1-404.
42-1-401. Definitions.
42-1-402. License to buy and sell selected
registration numbers for li-
cense plates.
42-1-405.
42-1-406.
42-1-407.
PARTI
DEFINITIONS AND CITATION
42-1-101. Short title. Articles 1 to 4 of this title shall be known and may be cited as
the "Uniform Motor Vehicle Law".
Source: L. 94: Entire title amended with relocations, p. 2094, § 1, effective January 1,
1995.
42-1-102. Definitions. As used in articles 1 to 4 of this title, unless the context
otherwise requires:
(1) "Acceleration lane" means a speed-change lane, including tapered areas, for the
purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it
can more safely merge with through traffic.
(2) " Administrator' ' means the property tax administrator.
(3) "Alley" means a street or highway intended to provide access to the rear or side of
lots or buildings in urban areas and not intended for the purpose of through vehicular traffic.
(4) "Apportioned registration" means registration of a vehicle pursuant to a reciprocal
agreement under which the fees paid for registration of such vehicle are ultimately divided
among the several jurisdictions in which the vehicle travels, based upon the number of miles
traveled by the vehicle in each jurisdiction or upon some other agreed criterion.
(4.5) "Appurtenance" means a piece of equipment that is affixed or attached to a motor
vehicle or trailer and is used for a specific purpose or task, including awnings, support
hardware, and extractable equipment "Appurtenance" does not include any item or
equipment that is temporarily affixed or attached to the exterior of a motor vehicle for the
purpose of transporting such vehicle.
(5) "Authorized agent" means the officer of a county or city and county designated by
law to issue annual registrations of vehicles and to collect any registration or license fee
imposed thereon by law.
(6) "Authorized emergency vehicle" means such vehicles of the fire department, police
vehicles, ambulances, and other special-purpose vehicles as are publicly owned and
operated by or for a governmental agency to protect and preserve life and property in
accordance with state laws regulating emergency vehicles; said term also means the
following if equipped and operated as emergency vehicles in the manner prescribed by state
law:
(a) Privately owned vehicles as are designated by the state motor vehicle licensing
agency necessary to the preservation of life and property; or
(b) Privately owned tow trucks approved by the public utilities commission to respond
to vehicle emergencies.
(7) "Authorized service vehicle" means such highway or traffic maintenance vehicles
as are publicly owned and operated on a highway by or for a governmental agency the
function of which requires the use of service vehicle warning lights as prescribed by state
law and such other vehicles having a public service function, including, but not limited to,
public utility vehicles and tow trucks, as determined by the department of transportation
under section 42-4-214 (5). Some vehicles may be designated as both an authorized
emergency vehicle and an authorized service vehicle.
(8) "Automobile" means any motor vehicle.
42-1-102 Vehicles and Traffic Title 42 - page 6
(8.5) "BAC" means either:
(a) A person's blood alcohol content, expressed in grams of alcohol per one hundred
milliliters of blood as shown by analysis of the person's blood; or
(b) A person's breath alcohol content, expressed in grams of alcohol per two hundred
ten liters of breath as shown by analysis of the person's breath.
(9) "Base jurisdiction" means the state, province, or other jurisdiction which receives,
apportions, and remits to other jurisdictions moneys paid for registration of a vehicle
pursuant to a reciprocal agreement governing registration of vehicles.
(10) "Bicycle" means a vehicle propelled by human power applied to pedals upon
which a person may ride having two tandem wheels or two parallel wheels and one forward
wheel, all of which are more than fourteen inches in diameter.
(10.5) "Bulk electronic transfer" means the mass electronic transfer of files, updated
files, or portions thereof, in the same form as those files exist within the department.
(11) "Business district" means the territory contiguous to and including a highway
when within any six hundred feet along such highway there are buildings in use for business
or industrial purposes, including but not limited to motels, banks, office buildings, railroad
stations, and public buildings which occupy at least three hundred feet of frontage on one
side or three hundred feet collectively on both sides of the highway.
(12) "Calendar year" means the twelve calendar months beginning January 1 and
ending December 31 of any year.
(13) "Camper coach" means an item of mounted equipment, weighing more than five
hundred pounds, which when temporarily or permanently mounted on a motor vehicle
adapts such vehicle for use as temporary living or sleeping accommodations.
(14) "Camper trailer" means a wheeled vehicle having an overall length of less than
twenty-six feet, without motive power, which is designed to be drawn by a motor vehicle
over the public highways and which is generally and commonly used for temporary living
or sleeping accommodations.
(15) "Chauffeur" means every person who is employed for the principal purpose of
operating a motor vehicle and every person who drives a motor vehicle while in use as a
public or common carrier of persons or property.
(16) "Classified personal property" means any personal property which has been
classified for the purpose of imposing thereon a graduated annual specific ownership tax.
(17) "Commercial carrier" means any owner of a motor vehicle, truck, laden or
unladen truck tractor, trailer, or semitrailer used in the business of transporting persons or
property over the public highways for profit, hire, or otherwise in any business or
commercial enterprise.
(17.5) "Commercial vehicle" means a vehicle used to transport cargo or passengers for
profit, hire, or otherwise to further the purposes of a business or commercial enterprise. This
subsection (17.5) shall not apply for purposes of sections 42-4-235 and 42-4-707 (1).
(18) "Controlled-access highway" means every highway, street, or roadway in respect
to which owners or occupants of abutting lands and other persons have no legal right of
access to or from the same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such highway, street, or
roadway.
(19) "Convicted" or "conviction" means:
(a) A plea of guilty or nolo contendere;
(b) A verdict of guilty;
<c) An adjudication of delinquency under title 19, C.R.S.;
(d) The payment of a penalty assessment under section 42-4-1701 if the summons
states clearly the points to be assessed for the offense; and
(e) As to a holder of a commercial driver' s license as defined in section 42-2-402 or the
operator of a commercial motor vehicle as defined in section 42-2-402:
(I) An un vacated adjudication of guilt or a determination by an authorized administra-
tive hearing that a person has violated or failed to comply with the law;
(II) An un vacated forfeiture of bail or collateral deposited to secure the person's
appearance in court;
Title 42 - page 7 General and Administrative 42-1-102
(HI) The payment of a fine or court cost or violation of a condition of release without
bail, regardless of whether or not the penalty is rebated, suspended, or probated; or
(IV) A deferred sentence.
(20) "Court" means any municipal court, county court, district court, or any court
having jurisdiction over offenses against traffic regulations and laws.
(21) "Crosswalk" means that portion of a roadway ordinarily included within the
prolongation or connection of the lateral lines of sidewalks at intersections or any portion
of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the
surface.
(22) "Dealer" means every person engaged in the business of buying, selling, or
exchanging vehicles of a type required to be registered under articles 1 to 4 of this title and
who has an established place of business for such purpose in this state.
(23) "Deceleration lane" means a speed-change lane, including tapered areas, for the
purpose of enabling a vehicle that is to make an exit to turn from a roadway to slow to the
safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic.
(23.5) "Declared gross vehicle weight" means the combined weight of the vehicle or
combination vehicle and its cargo when operated on the public highways of this state. Such
weight shall be declared by the vehicle owner at the time the vehicle is registered. Accurate
records shall be kept of all miles operated by each vehicle over the public highways of this
state by the owner of each vehicle.
(24) "Department" means the department of revenue of this state acting directly or
through its duly authorized officers and agents.
(24.5) "Distinctive special license plate" means a special license plate that is issued to
a person because such person has an immutable characteristic or special achievement honor.
Such special achievement honor shall not include a common achievement such as gradu-
ating from an institution of higher education. Such special achievement shall include
honorable service in the armed forces of the United States. "Distinctive special license
plate" shall include a license plate that is issued to a person or the person* s family to honor
such person's service in the armed forces.
(25) "Divided highway" means a highway with separated roadways usually for traffic
moving in opposite directions, such separation being indicated by depressed dividing strips,
raised curbings, traffic islands, or other physical barriers so constructed as to impede
vehicular traffic or otherwise indicated by standard pavement markings or other official
traffic control devices as prescribed in the state traffic control manual.
(26) "Drive-away transporter" or "tow-away transporter" means every person en-
gaged in the transporting of vehicles which are sold or to be sold and not owned by such
transporter, by the drive-away or tow-away methods, where such vehicles are driven, towed,
or transported singly, or by saddlemount, towbar, or fullmount methods, or by any lawful
combination thereof.
(27) "Driver" means every person, including a minor driver under the age of twenty-
one years, who drives or is in actual physical control of a vehicle.
(27.3) "DUI" means driving under (he influence, as defined in section 42-4-1301 (1)
(f), and use of the term shall incorporate by reference the offense described in section
42-4-1301 (1) (a).
(27.5) "DUI per se" means driving with a BAC of 0.08 or more, and use of the term
shall incorporate by reference the offense described in section 42-4-1301 (2) (a).
(27.7) "DWAI" means driving while ability impaired, as defined in section 42-4-1301
(1) (g), and use of the term shall incorporate by reference the offense described in section
42-4-1301 (1) (b).
(28) "Effective date of registration period certificate" means the month in which a fleet
owner must register all fleet vehicles.
(28.5) "Electrical assisted bicycle" means a vehicle having two tandem wheels or two
parallel wheels and one forward wheel, fully operable pedals, an electric motor not
exceeding seven hundred fifty watts of power, and a top motor-powered speed of twenty
miles per hour.
(28.7) "Electric personal assistive mobility device" or "EPAMD" means a self-
balancing, nontandem two-wheeled device, designed to transport only one person, that is
42-1-102 Vehicles and Traffic Title 42 - page 8
powered solely by an electric propulsion system producing an average power output of no
more man seven hundred fifty watts.
(29) "Empty weight" means the weight of any motor vehicle or trailer or any
combination thereof, including the operating body and accessories, as determined by
weighing on a scale approved by the department.
(30) "Essential parts" means all integral parts and body parts, the removal, alteration,
or substitution of which will tend to conceal the identity or substantially alter the
appearance of the vehicle.
(31) "Established place of business" means the place actually occupied either contin-
uously or at regular periods by a dealer or manufacturer where such dealer* s or manufac-
turer's books and records are kept and a large share of his or her business transacted.
(32) "Explosives and hazardous materials" means any substance so defined by the code
of federal regulations, title 49, chapter 1, parts 173.50 through 173.389.
(33) "Farm tractor" means every implement of husbandry designed and used primarily
as a farm implement for drawing plows and mowing machines and other implements of
husbandry.
(34) "Flammable liquid" means any liquid which has a flash point of seventy degrees
Fahrenheit or less, as determined by a TagMabue or equivalent closed-cup test device.
(35) "Fleet operator" means any resident who owns or leases ten or more motor
vehicles, trailers, or pole trailers and who receives from the department a registration period
certificate in accordance with article 3 of this title.
(36) "Fleet vehicle" means any motor vehicle, trailer, or pole trailer owned or leased
by a fleet operator and registered pursuant to section 42-3-125.
(37) "Foreign vehicle" means every motor vehicle, trailer, or semitrailer which is
brought into this state otherwise than in the ordinary course of business by or through a
manufacturer or dealer and which has not been registered in this state.
(38) "Fullmount" means a vehicle which is mounted completely on the frame of the
first vehicle or last vehicle in a saddlemount combination.
(39) "Garage" means any public building or place of business for the storage or repair
of automobiles.
(39.5) "Golf car" means a self-propelled vehicle not designed primarily for operation
on roadways and that has:
(a) A design speed of less than twenty miles per hour;
(b) At least three wheels in contact with the ground;
(c) An empty weight of not more than one thousand three hundred pounds; and
(d) A carrying capacity of not more than four persons.
(40) "Graduated annual specific ownership tax" means an annual tax imposed in lieu
of an ad valorem tax upon the personal property required to be classified by the general
assembly pursuant to the provisions of section 6 of article X of the state constitution.
(41) "Gross dollar volume" means the total contracted cost of work performed or put
in place in a given county by the owner or operator of special mobile machinery.
(41.5) "Group special license plate" means a special license plate that is not a
distinctive plate and is issued to a group of people because such people have a common
interest or affinity.
(41.7) "Habitual user" shall incorporate by reference the offense described in section
42-4-1301 (1) (c).
(42) "High occupancy vehicle lane" means a lane designated pursuant to the provisions
of section 42-4-1012 (1).
(43) "Highway" means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the public for purposes of
vehicular travel or the entire width of every way declared to be a public highway by any law
of this state.
(43.5) "Immediate family" means a person who is related by blood, marriage, or
adoption.
(44) (a) On and after July 1, 2000, "implement of husbandry" means every vehicle
that is designed, adapted, or used for agricultural purposes. It also includes equipment used
solely for the application of liquid, gaseous, and dry fertilizers. Transportation of fertilizer,
Title 42 - page 9 General and Administrative 42-1-102
in or on the equipment used for its application, shall be deemed a part of application if it
is incidental to such application. It also includes hay balers, hay stacking equipment,
combines, tillage and harvesting equipment, agricultural commodity handling equipment,
and other heavy movable farm equipment primarily used on farms or in a livestock
production facility and not on the highways. Trailers specially designed to move such
equipment on highways shall, for the purposes of part 5 of article 4 of this title, be
considered as component parts of such implements of husbandry.
(b) Effective July 1, 2013, for purposes of this section, "implements of husbandry"
includes personal property valued by the county assessor as silvicultural.
(45) "Intersection ' ' means the area embraced within the prolongation of the lateral curb
lines or, if none, then the lateral boundary lines of the roadways of two highways which join
one another at, or approximately at, right angles, or the area within which vehicles traveling
upon different highways joining at any other angle may come in conflict. Where a highway
includes two roadways thirty feet or more apart, every crossing of each roadway of such
divided highway by an intersecting highway shall be regarded as a separate intersection. In
the event such intersecting highway also includes two roadways thirty feet or more apart,
every crossing of two roadways of such highways shall be regarded as a separate
intersection. The junction of an alley with a street or highway does not constitute an
intersection.
(45.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a
licensed manufacturer, from a manufactured kit that includes a prefabricated body and
chassis and is accompanied by a manufacturer's statement of origin.
(46) "Lane" means the portion of a roadway for the movement of a single line of
vehicles.
(47) "Laned highway" means a highway the roadway of which is divided into two or
more clearly marked lanes for vehicular traffic.
(48) "Local authorities" means every county, municipal, and other local board or body
having authority to adopt local police regulations under the constitution and laws of this
(48.5) (a) "Low-power scooter" means a self-propelled vehicle designed primarily for
use on the roadways with not more than three wheels in contact with the ground, no manual
clutch, and either of the following:
(I) A cylinder capacity not exceeding fifty cubic centimeters if powered by internal
combustion; or
(H) A wattage not exceeding four thousand four hundred seventy-six if powered by
electricity.
(b) "Low-power scooter" shall not include a toy vehicle, bicycle, electrical assisted
bicycle, wheelchair, or any device designed to assist mobility-impaired people who use
pedestrian rights-of-way.
(48.6) "Low-speed electric vehicle" means a vehicle that:
(a) Is self-propelled utilizing electricity as its primary propulsion method;
(b) Has at least three wheels in contact with the ground;
(c) Does not use handlebars to steer; and
(d) Exhibits the manufacturer's compliance with 49 CFR 565 or displays a seventeen-
character vehicle identification number as provided in 49 CFR 565.
(49) "Manufacturer" means any person, firm, association, corporation, or trust,
whether resident or nonresident, who manufactures or assembles new and unused motor
vehicles of a type required to be registered under articles 1 to 4 of this title.
(50) "Manufacturer's suggested retail price" means the retail price of such motor
vehicle suggested by the manufacturer plus the retail price suggested by the manufacturer
for each accessory or item of optional equipment physically attached to such vehicle prior
to the sale to the retail purchaser.
(51) "Markings" means all lines, patterns, words, colors, or other devices, except signs,
set into the surface of, applied upon, or attached to the pavement or curbing or to objects
within or adjacent to the roadway, conforming to the state traffic control manual and
officially placed for the purpose of regulating, warning, or guiding traffic.
42-1-102 Vehicles and Traffic Title 42 - page 10
(52) "Metal tires'* means all tires the surface of which in contact with the highway is
wholly or partly of metal or other hard, nonresilient material.
(52.5) "Military vehicle" means a vehicle of any size or weight that is valued for
historical purposes, that was manufactured for use by any nation's armed forces, and that
is maintained in a condition that represents its military design and markings.
(53) "Minor driver's license" means the license issued to a person who is at least
sixteen years of age but who has not yet attained the age of twenty-one years.
(54) (Deleted by amendment, L. 2010, (HB 10-1172), ch. 320, p. 1486, § 1, effective
October 1, 2010.)
(55) "Motorcycle" means a motor vehicle that uses handlebars or any other device
connected to the front wheel to steer and that is designed to travel on not more than three
wheels in contact with the ground; except that the term does not include a farm tractor,
low-speed electric vehicle, or low-power scooter.
(56) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective
October 1, 2009.)
(57) "Motor home" means a vehicle designed to provide temporary living quarters and
which is built into, as an integral part of or a permanent attachment to, a motor vehicle
chassis or van.
(58) "Motor vehicle" means any self-propelled vehicle that is designed primarily for
travel on the public highways and that is generally and commonly used to transport persons
and property over the public highways or a low-speed electric vehicle; except mat the term
does not include low-power scooters, wheelchairs, or vehicles moved solely by human
power. For the purposes of the offenses described in sections 42-2-128, 42-4-1301,
42-4-1301.1, and 42-4-1401 for farm tractors and off-highway vehicles, as defined in
section 33-14.5-101 (3), C.R.S., operated on streets and highways, "motor vehicle"
includes a farm tractor or an off-highway vehicle that is not otherwise classified as a motor
vehicle. For the purposes of sections 42-2-127, 42-2-127.7, 42-2-128, 42-2-138, 42-2-206,
42-4-1301, and 42-4-1301.1, "motor vehicle" includes a low-power scooter.
(59) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1260, § 22, effective
October 1, 2009.)
(60) "Mounted equipment" means any item weighing more than five hundred pounds
that is permanently mounted on a vehicle, including mounting by means such as welding
or bolting the equipment to a vehicle.
(60.3) "Multipurpose trailer" means a wheeled vehicle, without motive power, that is
designed to be drawn by a motor vehicle over the public highways. A "multipurpose
trailer" is generally and commonly used for temporary living or sleeping accommodation
and transporting property wholly upon its own structure and is registered as a vehicle.
(60.5) (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2320, § 4, effective
August 5, 2009.)
(61) "Noncommercial or recreational vehicle" means a truck, or unladen truck tractor,
operated singly or in combination with a trailer or utility trailer or a motor home, which
truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure,
enjoyment, other recreational purposes, or personal or family transportation of the owner,
lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or
otherwise to further the purposes of a business or commercial enterprise.
(62) "Nonresident" means every person who is not a resident of this state.
(63) "Off-highway vehicle" shall have the same meaning as set forth in section
33-14.5-101 (3), C.R.S.
(64) "Official traffic control devices" means all signs, signals, markings, and devices,
not inconsistent with this title, placed or displayed by authority of a public body or official
having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(65) "Official traffic control signal" means any device, whether manually, electrically,
or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(66) "Owner" means a person who holds the legal title of a vehicle; or, if a vehicle is
the subject of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an immediate
right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle
Title 42 - page 1 1 General and Administrative 42- 1 - 102
is entitled to possession, then such conditional vendee or lessee or mortgagor shall be
deemed the owner for the purpose of articles 1 to 4 of this title. The term also includes
parties otherwise having lawful use or control or the right to use or control a vehicle for a
period of thirty days or more.
(67) "Park*' or "parking" means the standing of a vehicle, whether occupied or not,
other than very briefly for the purpose of and while actually engaged in loading or
unloading property or passengers.
(68) "Pedestrian" means any person afoot or any person using a wheelchair.
(68.5) "Persistent drunk driver" means any person who has been convicted of or had
his or her driver's license revoked for two or more alcohol-related driving violations; who
continues to drive after a driver's license or driving privilege restraint has been imposed for
one or more alcohol-related driving offenses; or who drives a motor vehicle while the
amount of alcohol in such person's blood, as shown by analysis of the person's blood or
breath, was 0.17 or more grams of alcohol per one hundred milliliters of blood or 0.17 or
more grams of alcohol per two hundred ten liters of breath at the time of driving or within
two hours after driving. Nothing in this subsection (68.5) shall be interpreted to affect the
penalties imposed under this title for multiple alcohol- or drug-related driving offenses,
including, but not limited to, penalties imposed for violations under sections 42-2-125 (1)
(g) and (1) (i) and 42-2-202 (2).
(69) "Person" means a natural person, estate, trust, firm, copartnership, association,
corporation, or business entity.
(70) "Pneumatic tires" means all tires inflated with compressed air.
(71) "Pole", "pipe trailer", or "dolly" means every vehicle of the trailer type having
one or more axles not more than forty-eight inches apart and two or more wheels used in
connection with a motor vehicle solely for the purpose of transporting poles or pipes and
connected with the towing vehicle both by chain, rope, or cable and by the load without any
part of the weight of said dolly resting upon the towing vehicle. All the registration
provisions of articles 1 to 4 of this title shall apply to every pole, pipe trailer, or dolly.
(72) "Police officer" means every officer authorized to direct or regulate traffic or to
make arrests for violations of traffic regulations.
(72.2) "Power takeoff equipment" means equipment that is attached to a motor vehicle
and is powered by the motor that powers the locomotion of the motor vehicle.
(72.5) "Primary user" means an organization that collects bulk data for the purpose of
in-house business use.
(72.7) "Principal office" means the office in this state designated by a fleet owner as its
principal place of business.
(73) "Private road" or "driveway" means every road or driveway not open to the use
of the public for purposes of vehicular travel.
(74) Repealed.
(75) "Railroad sign or signal" means any sign, signal, or device erected by authority of
a public body or official or by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
(76) "Reciprocal agreement" or "reciprocity" means an agreement among two or more
states, provinces, or other jurisdictions for coordinated, shared, or mutual enforcement or
administration of laws relating to the registration, operation, or taxation of vehicles and
other personal property in interstate commerce. The term includes without limitation the
"international registration plan" and any successor agreement providing for the apportion-
ment, among participating jurisdictions, of vehicle registration fees or taxes.
(77) "Reconstructed vehicle" means any vehicle which has been assembled or con-
structed largely by means of essential parts, new or used, derived from other vehicles or
makes of vehicles of various names, models, and types or which, if originally otherwise
constructed, has been materially altered by the removal of essential parts or by the addition
or substitution of essential parts, new or used, derived from other vehicles or makes of
vehicles. •
(78) "Registration period" or "registration year" means any consecutive twelve-month
period.
42-1-102 Vehicles and Traffic Title 42 - page 12
(79) "Registration period certificate" means the document issued by the department to
a fleet owner, upon application of a fleet owner, which states the month in which registration
is required for all motor vehicles owned by the fleet owner.
(80) "Residence district" means the territory contiguous to and including a highway
not comprising a business district when the frontage on such highway for a distance of three
hundred feet or more is mainly occupied by dwellings or by dwellings and buildings in use
for business.
(81) "Resident" means any person who owns or operates any business in this state or
any person who has resided within this state continuously for a period of ninety days or has
obtained gainful employment within this state, whichever shall occur first.
(82) "Right-of-way" means the right of one vehicle operator or pedestrian to proceed
in a lawful manner in preference to another vehicle operator or pedestrian approaching
under such circumstances of direction, speed, and proximity as to give rise to danger of
collision unless one grants precedence to the other.
(83) "Road" means any highway.
(84) "Road tractor" means every motor vehicle designed and used for drawing other
vehicles and not so constructed as to carry any load thereon independently or any part of
the weight of a vehicle or load so drawn.
(85) "Roadway" means that portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such
sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered
vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle
path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians.
In the event that a highway includes two or more separate roadways, "roadway" refers to
any such roadway separately but not to all such roadways collectively.
(86) "Saddlemount combination" means a combination of vehicles in which a truck or
laden or unladen truck tractor tows one or more additional trucks or laden or unladen truck
tractors and in which each such towed truck or laden or unladen truck tractor is connected
by a saddle to the frame or fifth wheel of the vehicle immediately in front of such truck or
laden or unladen truck tractor. For the purposes of this subsection (86), "saddle" means a
mechanism which connects the front axle of a towed vehicle to the frame or fifth wheel of
a vehicle immediately in front of such towed vehicle and which functions like a fifth wheel
kingpin connection. A saddlemount combination may include one fullmount.
(87) "Safety zone" means the area or space officially set aside within a highway for the
exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as
to be plainly visible at all times while set apart as a safety zone.
(88) "School bus" means a motor vehicle that is designed and used specifically for the
transportation of school children to or from a public or private school or a school-related
activity, whether the activity occurs within or without the territorial limits of any district and
whether or not the activity occurs during school hours. "School bus" does not include
informal or intermittent arrangements, such as sharing of actual gasoline expense or
participation in a car pool, for the transportation of school children to or from a public or
private school or a school-related activity.
(88.5) (a) "School vehicle" means a motor vehicle, including but not limited to a
school bus, that is owned by or under contract to a public or private school and operated for
the transportation of school children to or from school or a school-related activity.
(b) "School vehicle" does not include:
(I) Informal or intermittent arrangements, such as sharing of actual gasoline expense or
participation in a car pool, for the transportation of school children to or from a public or
private school or a school-related activity; or
(II) A motor vehicle that is owned by or under contract to a child care center, as defined
in section 26-6-102 (1.5), C.R.S., and that is used for the transportation of children who are
served by the child care center.
(89) "Semitrailer" means any wheeled vehicle, without motor power, designed to be
used in conjunction with a laden or unladen truck tractor so that some part of its own weight
and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and
Title 42 - page 13 General and Administrative 42-1-102
that is generally and commonly used to carry and transport property over the public
highways.
(90) "Sidewalk" means that portion of a street between the curb lines or the lateral
lines of a roadway and the adjacent property lines intended for the use of pedestrians.
(91) "Snowplow" means any vehicle originally designed for highway snow and ice
removal or control or subsequently adapted for such purposes which is operated by or for
the state of Colorado or any political subdivision thereof.
(92) "Solid rubber tires*' means every tire made of rubber other than a pneumatic tire.
(93) "Specially constructed vehicle" means any vehicle which has not been originally
constructed under a distinctive name, make, model, or type by a generally recognized
manufacturer of vehicles.
(93.5) (a) "Special mobile machinery" means machinery that is pulled, hauled, or
driven over a highway and is either
(I) A vehicle or equipment that is not designed primarily for the transportation of
persons or cargo over the public highways; or
(II) A motor vehicle that may have been originally designed for the transportation of
persons or cargo over the public highways, and has been redesigned or modified by the
addition of mounted equipment or machinery, and is only incidentally operated or moved
over the public highways.
(b) "Special mobile machinery" includes vehicles commonly used in the construction,
maintenance, and repair of roadways, the drilling of wells, and the digging of ditches.
(94) "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
other than momentarily for the purpose of and while actually engaged in receiving or
discharging passengers.
(95) "State" means a state, territory, organized or unorganized, or district of the United
States.
(96) "State motor vehicle licensing agency" means the department of revenue.
(97) "State traffic control manual" means the most recent edition of the "Manual on
Uniform Traffic Control Devices for Streets and Highways", including any supplement
thereto, as adopted by the transportation commission.
(98) "Steam and electric trains" includes:
(a) "Railroad", which means a carrier of persons or property upon cars, other than
street cars, operated upon stationary rails;
(b) "Railroad train", which means a steam engine, electric, or other motor, with or
without cars coupled thereto, operated upon rails, except streetcars;
(c) "Streetcar", which means a car other than a railroad train for transporting persons
or property upon rails principally within a municipality.
(99) "Stinger-steered" means a semitrailer combination configuration wherein the fifth
wheel is located on a drop frame located behind and below the rearmost axle of the power
unit.
(100) "Stop" or "stopping" means, when prohibited, any halting, even momentarily, of
a vehicle, whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or official traffic control
device.
(101) "Stop line" or "limit line" means a line which indicates where drivers shall stop
when directed by an official traffic control device or a police officer.
(101.5) "Street rod vehicle" means a vehicle manufactured in 1948 or earlier with a
body design that has been modified for safe road use.
(102) "Supervisor" means the executive director of the department of revenue or head
of a group, division, or subordinate department appointed by the executive director in
accordance with article 35 of title 24, C.R.S.
(102.5) "Surge brakes" means a system whereby the brakes of a trailer are actuated as
a result of the forward pressure of the trailer against the tow vehicle during deceleration.
(102.7) "Temporary special event license plate" means a special license plate valid for
a limited time period that is issued to a person or group of people in connection with a
special event. "Temporary special event license plate" does not mean a special plate for the
purposes of section 42-3-207.
42-1-102 Vehicles and Traffic Title 42 - page 14
(103) "Through highway" means every highway or portion thereof on which vehicular
traffic is given preferential right-of-way and at the entrances to which other vehicular traffic
from intersecting highways is required by law to yield the right-of-way to vehicles on such
through highway in obedience to a stop sign, yield sign, or other official traffic control
device when such signs or devices are erected as provided by law.
(103.5) (a) "Toy vehicle" means any vehicle that has wheels and is not designed for
use on public highways or for off-road use.
(b) "Toy vehicle" includes, but is not limited to, gas-powered or electric-powered
vehicles commonly known as mini bikes, "pocket" bikes, kamikaze boards, go-peds, and
stand-up scooters.
(c) "Toy vehicle" does not include off-highway vehicles or snowmobiles.
(104) "Traffic" means pedestrians, ridden or herded animals, and vehicles, streetcars,
and other conveyances either singly or together while using any highway for the purposes
of travel.
(105) "Trailer" means any wheeled vehicle, without motive power, which is designed
to be drawn by a motor vehicle and to carry its cargo load wholly upon its own structure
and that is generally and commonly used to carry and transport property over the public
highways. The term includes, but is not limited to, multipurpose trailers as defined in
subsection (60.3) of this section.
(106) (a) "Trailer coach" means a wheeled vehicle having an overall length, excluding
towing gear and bumpers, of not less than twenty-six feet, without motive power, that is
designed and generally and commonly used for occupancy by persons for residential
purposes, in temporary locations, and that may occasionally be drawn over the public
highways by a motor vehicle and is licensed as a vehicle.
(b) "Manufactured home" means any preconstructed building unit or combination of
precontracted building units, without motive power, where such unit or units are manu-
factured in a factory or at a location other than the residential site of the completed home,
which is designed and commonly used for occupancy by persons for residential purposes,
in either temporary or permanent locations, and which unit or units are not licensed as a
vehicle.
(107) "Transporter" means every person engaged in the business of delivering vehicles
of a type required to be registered under articles 1 to 4 of this title from a manufacturing,
assembling, or distributing plant to dealers or sales agents of a manufacturer.
(108) "Truck" means any motor vehicle equipped with a body designed to carry
property and which is generally and commonly used to carry and transport property over the
public highways.
(109) "Truck tractor - laden" or "laden track tractor" means any motor vehicle
carrying cargo that is generally and commonly designed and used to draw, and is drawing,
a semitrailer or trailer and its cargo load over the public highways.
(109.5) "Track tractor - unladen" or "unladen track tractor" means any motor vehicle
not carrying cargo that is generally used to draw a semitrailer or trailer and its cargo load
over the public highways.
(109.7) "UDD" means underage drinking and driving, and use of the term shall
incorporate by reference the offense described in section 42-4-1301 (2) (a.5).
(110) "Used vehicle" means every motor vehicle which has been sold, bargained for,
exchanged, or given away, or has had the title transferred from the person who first acquired
it from the manufacturer or importer, and has been so used as to have become what is
commonly known as "secondhand" within the ordinary meaning thereof.
(111) "Utility trailer" means any wheeled vehicle weighing two thousand pounds or
less, without motive power, which is designed to be drawn by a motor vehicle and which
is generally and commonly used to carry and transport personal effects, articles of
household furniture, loads of trash and rubbish, or not to exceed two horses over the public
highways.
(112) "Vehicle" means a device that is capable of moving itself, or of being moved,
from place to place upon wheels or endless tracks. "Vehicle" includes, without limitation,
a bicycle, electrical assisted bicycle, or EPAMD, but does not include a wheelchair,
off-highway vehicle, snowmobile, farm tractor, or implement of husbandry designed
Title 42 - page 15 General and Administrative 42-1-102
primarily or exclusively for use and used in agricultural operations or any device moved
exclusively over stationary rails or tracks or designed to move primarily through the air.
(112.5) "Vendor** means an organization that collects bulk data for the purpose of
reselling the data.
(113) "Wheelchair' means a motorized or nonmotorized wheeled device designed for
use by a person with a physical disability.
Source: L. 94: Entire title amended with relocations, p. 2094, § 1, effective January 1,
1995. L. 95: (17), (86), (89), and (109) amended and (109.5) added, p. 470, § 1, effective
July 1. L. 96: (102.5) added, p. 629, § 1, effective January 1, 1997. L. 97: (58) amended
and (60.5) added, p. 392, § 1, effective August 6. L. 98: (68.5) added, p. 1239, § 2,
effective July 1. L. 99: (10.5), (72.5), and (112.5) added, p. 1239, § 1, effective August 4.
L. 2000: (88) amended, p. 20, § 1, effective March 9; (96) and (102) amended, p. 1639,
§ 21, effective June 1; (44) amended, p. 548, § 1, effective July 1; (58) amended, p. 698,
§ 16, effective July 1; (53) and (74) amended, p. 1348, § 13, effective July 1, 2001.
L. 2001: (17.5) added and (61) amended, p. 504, § 1, effective May 18; (24.5) and (41.5)
added, p. 729, § 2, effective August 8. L. 2002: (35) and (36) amended, p. 1, § 1, effective
March 1; (27) amended, p. 1033, § 72, effective June 1; (4.5) added, p. 404, § 2, effective
August 7. L. 2003: (102.7) added, p. 1847, § 1, effective May 21; (72.7) added, p. 809,
§ 1, effective August 6. L. 2005: (19) and (69) amended, p. 640, § 1, effective May 27;
(103.5) added, p. 1241, § 1, effective June 3; (43.5) added, p. 335, § 4, effective July 1;
(23.5) and (101.5) added and (36) amended, p. 1071, § 1, effective August 8; (24.5)
amended, p. 665, § 3, effective August 8. L. 2006: (102.7) amended, p. 1509, § 62,
effective June 1; (17.5) amended, p. 43, § 2, effective July 1; (24.5) amended, p. 1753, § 4,
effective January 1, 2007; (68.5) amended, p. 1366, § 1, effective January 1, 2007; (45.5)
added, p. 1411, § 1, effective July 1, 2007. L. 2007: (109) and (109.5) amended, p. 282,
§ 1, effective March 29. L. 2008: (6) amended, p. 2083, § 8, effective June 3; (8.5), (27.3),
(27.5), (27.7), (41.7), and (109.7) added, p. 243, § 2, effective July 1; (19)(e) added, p. 473,
§ 2, effective July 1; (60.3) added and (105) and (106)(a) amended, p. 637, § 1, effective
August 5; (69) amended, p. 2271, § 1, effective January 1, 2009. L. 2009: (39.5) and (48.6)
added and (55), (58), and (60.5) amended, (SB 09-075), ch. 418, p. 2320, § 4, effective
August 5; (10), (55), (56), (58), (59), (103.5), and (112) amended and (28.5), (28.7), and
(48.5) added, (HB 09-1026), ch. 281, p. 1260, § 22, effective October 1. L. 2010: (88)
amended and (88.5) added, (HB 10-1232), ch. 163, p. 572, § 10, effective April 28; (72.2)
added, (SB 10-144), ch. 289, p. 1345, § 1, effective July 1; (44) amended, (SB 10-177), ch.
392, p. 1861, § 2, effective August 11; (52.5) added, (SB 10-075), ch. 169, p. 597, § 1,
effective August 11; (33), (41), (54), and (60) amended and (93.5) added, (HB 10-1172), ch.
320, p. 1486, § 1, effective October 1. L. 2011: (55) amended, (HB 11-1188), ch. 175, p.
663, § 6, effective May 13.
Editor's note: (1) Subsection (74)(b) provided for the repeal of subsection (74), effective July 1,
2006. (See L. 2000, p. 1348.)
(2) Amendments to subsections (55) and (58) by Senate Bill 09-075 and House Bill 09-1026 were
harmonized.
Cross references: (1) For the legislative declaration contained in the 1998 act
subsection (68.5), see section 1 of chapter 295, Session Laws of Colorado 1998.
(2) Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act amending
subsection (6) shall be known and may be cited as the "Charles Mather Highway Safety Act*'.
ANNOTATION
Law reviews. For article, "Scope of the v. Armstrong, 91 Colo. 334, 14 P. 2d 1098
Right-of-Way Privilege", see 19 Dicta 122 (1932).
(1942). Definition of "chauffeur" constitutional.
This article is general, uniform in its oner- The statutory definition of "chauffeur" is not
ation, and not special within the meaning of irrational. Moreover, it relates to a legitimate
§ 25 of art. V, Colo. Const. Driverless Car Co. government purpose and, thus, must be upheld
42-1-102
Vehicles and Traffic
Title 42 - page 16
as constitutional. Bedell v. Colo. Dept. of Rev.,
655 P.2d 849 (Colo. App. 1982).
"Automobile" is not limited to passenger
cars. Word "automobile" should be given its
ordinary and generally accepted meaning, and
not limited to passenger cars only. Lombard! v.
Bd. of Adjustment, 675 P.2d 21 (Colo. App.
1983).
"Driver". Person who was in the driver's
seat of an automobile which had its motor run-
ning and its parking lights on and which was
located in a private parking lot was in actual
physical control of the automobile and thus was
driving a motor vehicle. Motor Vehicle Div. v.
Warman, 763 P.2d 558 (Colo. 1988).
"Driver" includes a person seated behind a
steering wheel with the seat belt fastened with
the key in the ignition turned to "on", even
though the car is not running. Caple v. Dept. of
Rev., 804 P.2d 873 (Colo. App. 1990).
Based on the definition of "driver" in sub-
section (27), the terms "drive" and "drove", for
purposes of the DUI statute, include "actual
physical control" of a vehicle. Thus, a person
may be deemed to be driving a vehicle even if
the vehicle is not actually moving. People v.
Swain, 959 P.2d 426 (Colo. 1998).
Car qualifies as "emergency vehicle".
Clark v. Fellin, 126 Colo. 519, 251 P.2d 940
(1952).
A police car is an "emergency vehicle" for
purposes of the Colorado Governmental Immu-
nity Act. Fogg v. Macaluso, 870 P.2d 525 (Colo.
App. 1993), affd in part and rev'd in part, 892
P.2d 271 (Colo. 1995).
The point at which a crossroad enters the
main highway is an "intersection" within the
statutory definition of that term. General Foods
Sales Co. v. Smith, 105 Colo. 305, 97 P.2d 429
(1939).
The board of county commissioners falls
within the statutory definition of "local au-
thority". Asphalt Paving Co. v. Bd. of County
Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).
Definition of "motor vehicle" in this sec-
tion did not apply to road grader operating
on highway and fell within the motor vehicle
exception to the Colorado Governmental Im-
munity Act For purposes of the Act, "motor
vehicle" includes any "vehicle on wheels hav-
ing its own motor and not running on rails or
tracks, for use on streets or highways". Bertrand
v. Bd. of County Comm'rs, 873 P.2d 223 (Colo.
1994).
Use of "county" with "municipal" indi-
cates intent for county to have police powers.
The fact that the term "county" was included in
this section along with "municipal" units indi-
cates that the general assembly intended such
county governmental units, functioning through
their boards of county commissioners, to have at
least certain police powers. Asphalt Paving Co.
v. Bd. of County Comm'rs, 162 Colo. 254, 425
P.2d 289 (1967).
The provision relating to "other local
board or body" can apply only to the numer-
ous units of local government other than coun-
ties and municipalities, which overlap our state
in profusion. Asphalt Paving Co. v. Bd. of
County Comm'rs, 162 Colo. 254, 425 P.2d 289
(1967).
Presumption in § 42-2-126 (8)(e)(II) does
not apply to determination of whether a per-
son is a "persistent drunk driver". Presump-
tion that favors the accuracy of a blood alcohol
content analysis done on behalf of a law en-
forcement agency when a driver submits con-
flicting test results applies only to revocation
determinations. Garcia v. Huber, 252 P.3d 486
(Colo. App. 2010).
Definition of "police officer" is not limited
to state, county, or municipal personnel. Air
Force security police are law enforcement offi-
cers who can request testing pursuant to the
express consent law under § 42-4-1301 (6).
Eggleston v. Dept. of Rev. Motor Veh. Div., 895
P.2d 1169 (Colo. App. 1995).
A "public highway" is defined as (a) the
entire width between the boundary lines of ev-
ery way publicly maintained when any part
thereof is open to the use of the public for
purposes of vehicular travel; or (b) the entire
width of every way declared to be a public
highway by any law of this state. Curtis v.
Lawley, 140 Colo. 476, 346 P.2d 579 (1959).
A "private roadway" is defined as every
road or driveway not open to the use of the
public for purposes of vehicular travel. Curtis v.
Lawley, 140 Colo. 476, 346 P.2d 579 (1959).
When a highway is closed to the use of the
public, its status is within the definition of a
private road or driveway. Curtis v. Lawley, 140
Colo. 476, 346 P.2d 579 (1959).
For example, under this section, a highway
under construction and not open to the public
use is a private roadway. Curtis v. Lawley, 140
Colo. 476, 346 P.2d 579 (1959).
Applied in Lorenzini v. Rucker, 95 Colo. 246,
35 P.2d 865 (1936); Ferguson v. Hurford, 132
Colo. 507, 290 P.2d 229 (1955); Britto v. People,
178 Colo. 216, 497 P.2d 325 (1972); State,
Motor Vehicle Div. v. Dayhoff, 199 Colo. 363,
609 P.2d 119 (1980); Fuqua Homes, Inc. v.
Western Sur. Co., 44 Colo. App. 257, 616 P.2d
163 (1980); Smith v. Charnes, 649 P.2d 1089
(Colo. 1982); Lombardi v. Bd. of Adjustment,
675 P.2d 21 (Colo. App. 1983).
Title 42 - page 17 General and Administrative 42-1-204
PART 2
ADMINISTRATION
42-1-201. Administration - supervisor. The executive director of the department is
empowered to administer and enforce the provisions of articles 1 to 4 of this title. There
shall be at least one supervisor who shall be employed under section 13 of article XII of the
state constitution.
Source: L. 94: Entire tide amended with relocations, p. 2106, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1639, § 22, effective June 1.
ANNOTATION
These provisions vest authority in the ex- to have violated § 42-4-1202. Colo. Dept. of
ecutive director to hold hearings, make findings Rev. v. District Court ex rel. County of Adams,
and determinations, and upon a proper showing 172 Colo. 144, 470 P.2d 864 (1970).
revoke the driving privileges of a person found
42-1-202. Have charge of all divisions. The supervisor shall have charge of all
divisions as provided in articles 1 to 4 of this title to carry out the purposes of said articles.
Source: L. 94: Entire title amended with relocations, p. 2106, § 1, effective January 1,
1995.
42-1-203. Executive director to cooperate with others - local compliance required.
(1) The executive director of the department shall coordinate motor vehicle enforcement
throughout the state by cooperating with other officials connected with traffic enforcement,
as may appear to the executive director as advantageous. The executive director shall bring
to the attention of proper officials information and statistics in connection with enforcement
and shall urge the desirability and necessity of uniformity. It is the executive director's duty
to cooperate and confer with officials of other states charged with like duties, and the
executive director is authorized to attend conferences called among said officials, and the
executive director's necessary traveling expenses in attending said meetings shall be paid
as are other traveling expenses of said department.
(2) In the coordination of motor vehicle law enforcement reporting throughout the
state, the executive director, upon the failure of any local jurisdiction to take the necessary
steps to achieve uniformity, may order such local jurisdiction to come into conformity with
state coordination plans, including all information and statistics relating thereto.
Source: L. 94: Entire title amended with relocations, p. 2106, § 1, effective January 1,
1995.
42-1-204. Uniform rules and regulations. The executive director of the department
has the power to make uniform rules and regulations not inconsistent with articles 1 to 4 of
this title and to enforce the same.
Source: L. 94: Entire title amended with relocations, p. 2107, § 1, effective January 1,
1995.
Cross references: For rule-making procedures, see article 4 of title 24.
ANNOTATION
Rules and regulations must be consistent and regulations which are inconsistent with the
with statutes authorizing such. Agency rules statutes under which they are promulgated are
42-1-205 Vehicles and Traffic Title 42 - page 18
invalid. A & A Auto Wrecking, Inc. v. Dept. of (1981); Martinez v. Indus. Comm'n, 632 P.2d
Rev., 43 Colo. App. 85, 602 P.2d 10 (1979). 1044 (Colo. App. 1981).
Applied in Dept of Rev. v. A & A Auto
Wrecking, Inc., 43 Colo. 85, 625 P.2d 1021
42-1-205. Record of official acts - seal. The executive director of the department shall
keep a record of all the executive director's official acts and shall preserve a copy of all
decisions, rules, and orders made by the executive director, and the executive director shall
adopt an official seal for the department. Copies of any act, rule, order, or decision made by
the executive director or of any paper or papers filed in the executive director's office may
be authenticated by the executive director or the executive director's deputy under said seal
at a cost not exceeding one dollar for each authentication and when so authenticated shall
be evidence equally with and in like manner as the originals and may be received by the
courts of this state as evidence of the contents.
Source: L. 94: Entire title amended with relocations, p. 2107, § 1, effective January 1,
1995.
Cross references: For use of a rubber stamp that produces a facsimile of the seal, see § 42-2-121
(3).
42-1-206. Records open to inspection - furnishing of copies. (1) (a) Except as
provided in part 2 of article 72 of title 24, C.R.S., and subsection (6) of mis section, all
records made public records by any provision of this title and kept in the office of the
department shall be open to inspection by the public during business hours under such
reasonable rules relating thereto as the executive director of the department may prescribe.
(b) (I) For purposes of subsections (1) to (3) and (5) of this section, "law" shall mean
the federal "Driver's Privacy Protection Act of 1994", 18 U.S.C. sec. 2721 et seq., the
federal "Fair Credit Reporting Act", 15 U.S.C. sec. 1681 et seq., part 2 of article 72 of title
24, C.R.S., and this section. The department shall prepare a requestor release form and
make such form available to the department's authorized agents. The form shall include the
following:
(A) A statement indicating whether the requestor will use the motor vehicle or driver
records or transfer or resell such records to another person for any purpose prohibited by
law;
(B) A warning that any person using motor vehicle or driver records, or obtaining,
reselling, or transferring the same, for purposes prohibited by law may be subject to civil
penalties under federal and state law; and
(C) An affidavit of intended use that states that such requestor shall not obtain, use,
resell, or transfer the information for any purpose prohibited by law.
(II) The department or an authorized agent shall require any person, other than a person
in interest as defined in section 24-72-202 (4), C.R.S., or a federal, state, or local
government agency carrying out its official functions, requesting inspection of a motor
vehicle or driver record from the department or agent individually or in bulk, to sign a
requestor release form and, under penalty of perjury, an affidavit of intended use prior to
providing the record to such person. The department or authorized agent may allow
inspection of motor vehicle and driver records only as authorized under section 24-72-204
(7), C.R.S.
(2) (a) Except as provided in subsection (6) of this section, upon written application
and the payment of a fee of two dollars and twenty cents per copy, or a record search for
each copy requested, the department shall furnish to any person a photostatic copy of any
specified record or accident report specifically made a public record by any provision of this
tide and shall, for the additional fee of fifty cents per certification, if requested, certify the
same. Fees collected under this subsection (2) shall be used to defray the expenses of
providing such copies; except that ten cents of each fee collected by the authorized agent
shall be credited to the special purpose account established under section 42-1-211 and the
Title 42 - page 19 General and Administrative 42-1-206
entire fee for vehicle and manufactured home records, if collected directly by the depart-
ment, shall be credited to the special purpose account established under section 42-1-211.
(b) An authorized agent of the department shall not provide the service of furnishing
copies of certain records to members of the public if copies of such records are available
to the public directly from the department.
(3) Repealed. / (Deleted by amendment, L. 99, p. 345, § 3, effective April 16, 1999.)
(3.5) (a) The department shall not sell, permit the sale of, or otherwise release to
anyone other than the person in interest any photograph, electronically stored photograph,
digitized image, fingerprint, or social security number filed with, maintained by, or prepared
by the department of revenue pursuant to section 42-2-121 (2) (c) (I) (F) or (2) (c) (I) (H).
(b) Nothing in this subsection (3.5) shall prevent the department from sharing any
information with a criminal justice agency as defined in section 24-72-302 (3), C.R.S.
(c) (Deleted by amendment, L. 2000, p. 1340, § 2, effective May 30, 2000.)
(d) The department of revenue shall make every effort to retrieve all copies of
photographs, electronically stored photographs, or digitized images that may have been sold
by the department under subsection (3), as said subsection existed prior to its repeal in 1999,
of this section.
(3.7) (a) The department shall establish a system to allow bulk electronic transfer of
information to primary users and vendors who are permitted to receive such information
pursuant to section 24-72-204 (7), C.R.S. Bulk transfers to vendors shall be limited strictly
to vendors who transfer or resell such information for purposes permitted by law. Such
information shall consist of the information contained in a driver's license application under
section 42-2-107, a driver's license renewal application under section 42-2-118, a duplicate
driver's license application under section 42-2-117, a commercial driver's license applica-
tion under section 42-2-403, an identification card application under section 42-2-302, a
motor vehicle title application under section 42-6-116, a motor vehicle registration appli-
cation under section 42-3-113, or other official record or document maintained by the
department under section 42-2- 121.
(b) The department shall promulgate rules governing annual contracts with primary
users and vendors for the purpose of establishing bulk electronic transfer of information to
primary users and vendors pursuant to an annual affidavit and release form and shall require
that the contracts include, at a minimum:
(I) A provision for a reasonable fee that encompasses all direct costs of the department
related to the bulk electronic transfer of information to that primary user or vendor;
(II) A provision that prohibits any use not otherwise authorized by law;
(III) A provision that requires the primary user or vendor to specify the designated use
and recipients of the information; and
(IV) A provision that prohibits any resale or transfer of the information other than as
specified in the contract or in a manner that is prohibited by law.
(c) Repealed.
(d) The department shall provide bulk electronic transfer in accordance with the
limitations and restrictions regarding release of information in this section as well as section
24-72-204, C.R.S. The department shall not release photographs, electronically stored
photographs, digitized images, or fingerprints filed with, maintained by, or prepared by the
department through bulk electronic transfer.
(e) The department shall forward all fees collected pursuant to contracts entered into
with primary users or vendors pursuant to this subsection (3.7) to the state treasurer, who
shall credit the same to the highway users tax fund. The general assembly shall make annual
appropriations from the general fund for the costs associated with the administration of this
subsection (3.7).
(f) The executive director of the department shall promulgate rules as are consistent
with current law and necessary to carry out the provisions of this subsection (3.7).
(4) Notwithstanding the amount specified for any fee in this section, the executive
director of the department by rule or as otherwise provided by law may reduce the amount
of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of the fees
is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
42-1-207 Vehicles and Traffic Title 42 - page 20
executive director of the department by rule or as otherwise provided by law may increase
the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(5) Any person who willfully and knowingly obtains, resells, transfers, or uses infor-
mation in violation of law shall be liable to any injured party for treble damages, reasonable
attorney fees, and costs.
(6) The record of conviction and actions taken by the department for violating section
18-13-122 or 12-47-901 (1) (c), C.R.S., held by the department of revenue, shall not be a
public record after the period of revocation imposed under such sections has been
concluded; except that this subsection (6) shall not prevent the department from sharing
such information with a criminal justice agency as defined in section 24-72-302 (3), C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2107, § 1, effective January 1,
1995. L. 97: (3) added, p. 1178, § 2, effective July 1; entire section amended, p. 1051, § 3,
effective September 1. L. 98: (4) added, p. 1351, § 92, effective June 1. L. 99: (3)
amended and (3.5) added, p. 345, § 3, effective April 16; (3) repealed and (3.7) added, pp.
1241, 1239, §§ 4, 2, effective August 4. L. 2000: (l)(b)(I)(A), (2)(a), (3.5)(c), and (3.7)(a)
amended, p. 1340, § 2, effective May 30. L. 2001: (l)(b), (3.7)(a), IP(3.7)(b), (3.7)(b)(I),
and (3.7)(b)(IV) amended and (5) added, p. 587, § 2, effective August 8. L. 2003: (2)(a)
amended, p. 1978, § 2, effective May 22. L. 2005: (l)(a) and (2)(a) amended and (6)
added, p. 673, § 1, effective June 1; (3.5)(d) amended, p. 782, § 75, effective June 1;
(3.7)(a) amended, p. 1171, § 3, effective August 8.
Editor's note: Subsection (3.7)(c)(H) provided for the repeal of subsection (3.7)(c), effective July
1, 2000. (See L. 99, p. 1239.)
Cross references: (1) For public records and the inspection, copying, or photographing thereof,
see part 2 of article 72 of title 24.
(2) For the legislative declaration contained in the 1997 act amending this section, see section 1
of chapter 201, Session Laws of Colorado 1997.
42-1-207. No supplies for private purposes - penalty. No officer or employee at any
time shall use for private or pleasure purposes any of the equipment or supplies furnished
for the discharge of such officer or employee* s duties. The use of such equipment for private
or personal use is declared to be a misdemeanor, and, upon conviction thereof, the violator
shall be punished by a fine of not more than three hundred dollars, or by imprisonment in
the county jail for not more than six months, or by both such fine and imprisonment and by
dismissal from office.
Source: L. 94: Entire title amended with relocations, p. 2107, § 1, effective January 1,
1995.
42-1-208. Information on accidents - published. The department shall receive acci-
dent reports required to be made by law and shall tabulate and analyze such reports and
publish annually, or at more frequent intervals, statistical information based thereon as to
the number, cause, and location of highway accidents. The statistical information shall be
issued in accordance with the provisions of section 24-1-136, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2108, § 1, effective January 1,
1995. L. 2007: Entire section amended, p. 30, § 2, effective August 3.
42-1-209. Copies of law published. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2108, § 1, effective January 1,
1995. L. 2007: Entire section repealed, p. 30, § 3, effective August 3.
Title 42 - page 21 General and Administrative 42-1-210
42-1-210. County clerk and recorders and manager of revenue or other appointed
official as agents - legislative declaration - fee. ( 1 ) (a) The county clerk and recorder in
each county in the state of Colorado, the clerk and recorder in the city and county of
Broomfield, and, in the city and county of Denver, the manager of revenue or such other
official of the city and county of Denver as may be appointed by the mayor to perform
functions related to the registration of motor vehicles are hereby designated as the
authorized agents of the department for the administration of the provisions of articles 3 and
6 of this title relating to registrations of motor vehicles in such counties; and for the
enforcement of the provisions of section 42-6-139 relating to the registering and titling of
motor vehicles in such counties; and for the enforcement of the provisions of section
38-29-120, C.R.S., relating to the titling of manufactured homes; but any such authorized
agent in a county has the power to appoint and employ such motor vehicle registration and
license clerks as are actually necessary in the issuance of motor vehicle licenses and shall
retain for the purpose of defraying such expenses, including mailing, a sum equal to four
dollars per paid motor vehicle registration and registration requiring a metallic plate, plates,
individual temporary registration number plates, or validation tab or sticker as provided in
section 42-3-201. This fee of four dollars shall apply to every registration of a motor vehicle
that is designed primarily to be operated or drawn on any highway of this state, except such
vehicles as are specifically exempted from payment of any registration fee by the provisions
of article 3 of this tide, and shall be in addition to the annual registration fee prescribed by
law for such vehicle. The fee of four dollars, when collected by the department, shall be
credited to the same fund as registration fees collected by the department. The county clerk
and recorders, the clerk and recorder in the city and county of Broomfield, and the manager
of revenue or such other official of the city and county of Denver as may be appointed by
the mayor to perform functions related to the registration of motor vehicles in the city and
county of Denver so designated as the authorized agents of the department, as provided in
this section, shall serve as such authorized agents under the provisions of this part 2 without
additional remuneration or fees, except as otherwise provided in articles 1 to 6 of this tide.
(b) The fee established by paragraph (a) of this subsection (1) does not apply to a
shipping and handling fee for the mailing of a license plate pursuant to section 42-3-105 (1)
(a).
(2) The general assembly hereby finds that, since it is the government that requires
citizens to register, license, and undertake other actions concerning their motor vehicles, it
is thus the duty of government to provide convenient and easily accessible motor vehicle
services to the public.
Source: L. 94: Entire title amended with relocations, p. 2108, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 1053, § 5, effective September 1. L. 98: (1)
amended, p. 136, § 1, effective March 30; (1) amended, p. 1019, § 2, effective May 27.
L. 2000: (l)(b) amended, p. 824, § 1, effective May 24. L. 2001: (l)(a) amended, p. 269,
§ 18, effective November 15. L. 2003: (l)(a) amended, p. 562, § 3, effective July 1.
L. 2005: (l)(a) and (1Kb) amended, p. 1171, § 4, effective August 8. L. 2007: (l)(a)
amended, p. 976, § 1, effective September 1.
Editor's note: Amendments to subsection (1) by House Bill 98-1064 and House Bill 98-1070 were
harmonized.
Cross references: For the legislative declaration contained in the 1997 act amending this section,
see section 1 of chapter 201, Session Laws of Colorado 1997.
ANNOTATION
One purpose of this section and §§ 42-1- Authority of clerk is not a personal right or
211, 42-3-104, 42-3-105, and 42-3-107 to 42-3- privilege. The authority to make registrations,
1 10 is to add security to motor vehicle titles. Bd. give examinations, collect specific ownership
of Comm'rs v. Morris, 104 Colo. 139, 89 P.2d taxes, and receive the statutory fees provided
248 (1939). therefor, is conferred upon the county clerk and
42-1-211 Vehicles and Traffic Title 42 - page 22
recorder, not in his individual capacity but by privilege of the incumbent. Flanders v.
virtue of his office. The authority follows the Kochenberger, 118 Colo. 104, 193 P.2d 281
office, and is by no means a personal right or (1948).
42-1-211. Colorado state titling and registration system. (1) The department is
hereby authorized to coordinate the management of a statewide distributive data processing
system, which shall be known as the Colorado state titling and registration system. This
system is to provide the necessary data processing equipment, software, and support and
training to:
(a) Aid the authorized agents of the department in processing motor vehicle registration
and title documents; and
(b) Establish, operate, and maintain a telecommunications network that provides access
from the offices of county clerk and recorders and the clerk and recorder in the city and
county of Broomfield to the master list of registered electors maintained pursuant to
sections 1-2-301 and 1-2-302, C.R.S., for those county clerks and recorders that do not yet
have access to the master list on the internet pursuant to section 1-2-301 (4) (b), C.R.S.
Subject to annual appropriation, the department of state shall reimburse the department of
revenue for the reasonable direct and indirect costs of providing such service. The
department of revenue and the department of state shall enter into a memorandum of
understanding that establishes the method of calculating and verifying such costs and that
provides for a proportionate reduction in charges as counties terminate their use of the
distributive data processing system and begin accessing the master list on the internet
pursuant to section 1-2-301 (4) (b), C.R.S. The memorandum of understanding may also
allow the department of revenue to access the master list on the internet subject to
reimbursement as may be agreed by the two departments.
(1.5) (a) In accordance with the requirements of section 1-2-302 (6), C.R.S., the
department of revenue and the department of state shall allow for the exchange of
information on residence addresses, signatures, and party affiliation between the systems
used by the department of revenue, the master list of registered electors maintained by the
department of state, and, no later than January 1, 2006, the computerized statewide voter
registration list created in section 1-2-301 (1), C.R.S., for the purpose of updating
information in these systems.
(b) For purposes of this section, the systems used by the department of revenue shall
include, but not be limited to, the Colorado state titling and registration system, the driver' s
license database, the motor vehicle registration database, the motorist insurance database,
and the state income tax information systems.
(c) The executive director of the department of revenue, as the official responsible for
the division of motor vehicles, shall enter into an agreement with the federal commissioner'
of social security for the purpose of verifying applicable information in accordance with the
requirements of section 303 (a) (5) (B) (ii) of the federal "Help America Vote Act of 2002",
Pub.L. 107-252.
(1.7) No later than July 1, 2011, the department of revenue shall make available on the
department's official web site a link to the secretary of state's official web site, whereby a
person may change his or her address information on file with the secretary of state for voter
registration purposes.
(1.9) (a) In accordance with section 12-55-104 (6), C.R.S., the department of revenue
and the department of state shall allow for the exchange of information on legal names and
signatures between the systems used by the department of revenue and the notary public
filing system maintained by the department of state for the purpose of electronic filing of
notary applications and renewals.
(b) For purposes of this subsection ( 1 .9), "systems used by the department of revenue"
means, but is not limited to, the Colorado state titling and registration system, the driver's
license database, and the motor vehicle registration database.
(2) There is hereby created a special purpose account in the highway users tax fund,
which shall be known as the Colorado state titling and registration account, for the purpose
of providing funds for the development and operation of the Colorado state titling and
registration system, including operations performed under article 6 of this title. Moneys
Tide 42 - page 23 General and Administrative 42-1-211
received from the fees imposed by section 38-29-138 (1), (2), (4), and (5), C.R.S., and
sections 42-1-206 (2) (a), 42-3-107 (22), 42-3-213 (1) (b), and 42-6-137 (1), (2), (4), (5),
and (6), as well as any moneys received through gifts, grants, and donations to the account
from private or public sources for the purposes of this section shall be credited to the special
purpose account in accordance with the provisions of section 38-29-139, C.R.S., and
sections 42-1-206 (2) (a), 42-3-107 (22), 42-3-213 (1) (b), and 42-6-138. Any interest
earned on moneys credited to the special purpose account shall be credited to and used for
the same purpose as other moneys in said account. The general assembly shall appropriate
annually the moneys in the special purpose account for the purposes of this subsection (2).
Any unexpended and unencumbered moneys remaining in the account at the end of any
fiscal year shall remain in the account and shall not be transferred to the general fund or any
other fund.
(3) The department is hereby authorized to transfer moneys not otherwise expended
from funds appropriated to the department for the fiscal year commencing July 1, 1983, to
the special purpose account. Any moneys transferred shall be remitted back to the
department after sufficient moneys have accrued in the special purpose account The sum
transferred shall not exceed the amount authorized to be appropriated from such special
purpose account for the fiscal year commencing July 1, 1983.
(4) (a) There is hereby created the Colorado state titling and registration system
advisory committee comprised of seven authorized agents who must be county clerk and
recorders, the clerk and recorder in the city and county of Broomfield, or the manager of
revenue for the city and county of Denver or such other official of the city and county of
Denver as may be appointed by the mayor to perform functions related to the registration
of motor vehicles, and shall be appointed by the executive director of the department The
committee shall:
(I) Assist in the development of annual operational plans and budget proposals regard-
ing the Colorado state titling and registration system and the special purpose account;
(II) Give final approval of all plans for the development and operation of the Colorado
state titling and registration system and the annual budget and any supplemental budget
requests funded by the special purpose account; and
(III) Make presentations with the department to the appropriate legislative committees
regarding the use of funds in the special purpose account.
(b) Repealed.
(5) The department and the authorized agents' advisory committee shall develop
procedures and provide a formula for the reimbursement of expenditures made by any
county that has a data processing system for the registration and titling of motor vehicles.
Such reimbursement shall not commence until July 1, 1984, and shall not exceed an amount
that would be required to establish and maintain such system as if it were a component of
the Colorado state titling and registration system established pursuant to this section.
(6) After July 1, 1983, all counties, except those operating data processing systems for
motor vehicle registration and titling on such date or having a data processing system on
such date which will be operational for such registration and titling purposes by January 1,
1984, shall utilize the data processing system established pursuant to this section.
(7) (Deleted by amendment, L. 2001, p. 815, § 3, effective July 1, 2001.)
(8) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2108, § 1, effective January 1,
1995. L. 96: IPO) and (4)(a) amended, p. 182, § 1, effective April 8. L. 2001: (1Kb)
amended, p. 516, § 3, effective May 18; (8) added, p. 521, § 2, effective May 22; IP(1), (2),
IP(4)(a), (4)(a)(I), (4)(a)(II), (5), and (7) amended, p. 815, § 3, effective July 1; (1Kb) and
IP(4)(a) amended, p. 270, § 19, effective November 15; (4)(b) repealed, p. 516, § 4,
effective January 1, 2002. L. 2002: (1.5) added, p. 1642, § 38, effective June 7. L. 2003:
(1.5)(a) amended and (1.5)(c) added, p. 2080, § 17, effective May 22; (2) amended, p.
1979, § 6, effective May 22; IP(4)(a) amended, p. 563, § 4, effective July 1. L. 2005:
(1.5)(c) amended, p. 18, § 3, effective July 1; (2) amended, p. 1172, § 5, effective August
8. L. 2009: (1.5)(a) amended, (HB 09-1160), ch. 263, p. 1208, § 3, effective May 15.
42-1-212 Vehicles and Traffic Title 42 - page 24
L. 2010: (2) amended, (SB 10-055), ch. 152, p. 526, § 1, effective April 21; (1.7) added,
(HB 10-1045), ch. 317, p. 1478, § 2, effective July 1, 2011. L. 2012: (1.9) added, (HB
12-1274), ch. 214, p. 924, § 11, effective August 8.
Editor's note: (1) This section is similar to former § 42-1-210.1 as it existed prior to 1994, and
the former § 42-1-211 was relocated to § 42-1-213.
(2) Amendments to subsection (l)(b) by House Bill 01-1307 and Senate Bill 01-102 were
harmonized. Amendments to the introductory portion to subsection (4)(a) by Senate Bill 01-102 and
House Bill 01-1100 were harmonized.
(3) Subsection (8)(b) provided for the repeal of subsection (8), effective July 1, 2002. (See L.
2001, p. 521.)
42-1-212. Consolidated data processing system - voter registration. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2110, § 1, effective January 1,
1995. L. 2001: (1) and (2)(a) amended, p. 816, § 4, effective July 1; entire section
repealed, p. 516, § 5, effective January 1, 2002.
42-1-213. Commission of county clerk and recorders and manager of revenue or
other appointed official. County clerk and recorders, and the manager of revenue in the
city and county of Denver or such other official of the city and county of Denver as may
be appointed by the mayor to perform functions related to the registration of motor vehicles,
are authorized to retain fifty cents out of the moneys collected by them on each specific
ownership tax, which fifty cents shall be the only fee allowed county clerk and recorders,
and the manager of revenue in the city and county of Denver or such other official of the
city and county of Denver as may be appointed by the mayor to perform functions related
to the registration of motor vehicles, for collecting specific ownership taxes and issuing
receipts therefor. In counties of the fifth class the sums so retained by the county clerk and
recorder shall be used in defraying the necessary expenses in connection with the collection
and administration of specific ownership taxes as directed by articles 1 to 4 of this title, but
the manager of revenue in the city and county of Denver or such other official of the city
and county of Denver as may be appointed by the mayor to perform functions related to the
registration of motor vehicles and the county clerk and recorders in all other counties above
the fifth class shall deposit in the general fund of said city and county, or of said county, all
such sums so retained under this section, and the necessary costs of said collection and
administration shall be paid by regular warrant of said city and county, or county, upon
voucher duly submitted and approved.
Source: L. 94: Entire title amended with relocations, p. 2111, § 1, effective January 1,
1995. L. 2003: Entire section amended, p. 563, § 5, effective July 1.
Editor's note: This section is similar to former § 42-1-211 as it existed prior to 1994, and the
former § 42-1-213 was relocated to § 42-1-215.
42-1-214. Duties of county clerk and recorders. Every county clerk and recorder or
other person designated as an authorized agent of the department for the administration of
the provisions of articles 1 to 4 (except part 3 of article 2) of this title, on or before the
fifteenth day of each calendar month, shall transmit to the department all fees and moneys
collected by such agent under the provisions of said articles during the preceding calendar
month, except such sums as are by said articles specifically authorized to be retained by said
county clerk and recorder, together with a complete report of all vehicles registered and all
licenses issued in said county during said previous month, such reports to be made on blank
report sheets to be furnished free by the department. The county clerk and recorders or other
authorized agents shall deposit weekly aU moneys received in the administration of any
motor vehicle license law with the county treasurers of their respective counties and take a
receipt therefor, said moneys to be kept in a separate fund by said county treasurers, and the
county clerk and recorders or other authorized agents shall not be held liable for the
Title 42 -page 25
General and Administrative
42-1-217
safekeeping of such funds after so depositing them. Said county treasurers shall accept all
moneys tendered to them by the county clerk and recorders or authorized agents for deposit
as provided in this section. On or before the fifteenth day of each calendar month, the
county clerk and recorders or other authorized agents of the department shall send, together
with their monthly report to the department, a warrant drawn on the county treasurer of their
county, payable to the department on demand, covering the amount of such funds that may
have been deposited with the county treasurer the previous month, and the county treasurer
shall pay such warrant on demand and presentation of same by the legal holders thereof.
Source:
1995.
L. 94: Entire title amended with relocations, p. 2111, § 1, effective January 1,
Editor's note: This section is similar to former § 42-1-212 as it existed prior to 1994, and the
former § 42-1-214 was relocated to § 42-1-216.
ANNOTATION
Annotator's note. Since § 42-1-214 is sim-
ilar to § 42-1-212 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
Authority of clerk is not a personal right or
privilege. The authority to make registrations,
give examinations, collect specific ownership
taxes, and receive the statutory fees provided
therefor, is conferred upon the county clerk and
recorder, not in his individual capacity but by
virtue of his office. The authority follows the
office, and is by no means a personal right or
privilege of the incumbent. Flanders v.
Kochenberger, 118 Colo. 104, 193 P.2d 281
(1948).
42-1-215. Oaths. The executive director of the department, the deputy director of the
department, the supervisor, and the authorized agents of the department are empowered to
administer oaths or affirmations as provided in articles 1 to 4 of this title.
Source: L. 94: Entire title amended with relocations, p. 2112, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-1-213 as it existed prior to 1994, and the
former § 42-1-215 was relocated to § 42-1-217.
42-1-216. Destruction of obsolete records. The department is empowered to destroy
or otherwise dispose of all obsolete motor and other vehicle records, number plates, and
badges after the same have been in its possession for twelve calendar months; but all
records of accidents must be preserved by the department for a period of six years.
Source:
1995.
L. 94: Entire title amended with relocations, p. 2112, § 1, effective January 1,
Editor's
This section is similar to former § 42-1-214 as it existed prior to 1994.
42-1-217. Disposition of lines and surcharges. (1) All judges, clerks of a court of
record, or other officers imposing or receiving fines, penalties, or forfeitures, except those
moneys received pursuant to sections 42-4-313 (3), 42-4-413, 42-4-1409, 42-4-1701 (5) (a),
42-8-105, and 42-8-106, collected pursuant to or as a result of a conviction of any persons
for a violation of articles 1 to 4 (except part 3 of article 2) of this title, shall transmit, within
ten days after the date of receipt of any such fine, penalty, or forfeiture, all such moneys so
collected in the following manner:
(a) The aggregate amount of such fines, penalties, or forfeitures, except for a violation
of section 42-4-1301 or 42-4-237, shall be transmitted to the state treasurer, credited to the
highway users tax fund, and allocated and expended as specified in section 43-4-205 (5.5)
(a), C.R.S.
42-1-217 Vehicles and Traffic Title 42 - page 26
(b) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301
occurring within the corporate limits of a city or town shall be transmitted to the treasurer
or chief financial officer of said city or town, and the remaining fifty percent shall be
transmitted to the state treasurer, credited to the highway users tax fund, and allocated and
expended as specified in section 43-4-205 (5.5) (a), C.R.S.; except that twenty-five percent
of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state
or federal highway shall be transmitted to the treasurer or chief financial officer of said city
or town, and the remaining seventy-five percent shall be transmitted to the state treasurer,
credited to the highway users tax fund, and allocated and expended as specified in section
43-4-205 (5.5) (a), C.R.S.
(c) Any other provision of law notwithstanding, all moneys collected pursuant to
section 42-4-1301.3 shall be transmitted to the state treasurer to be credited to the account
of the alcohol and drug driving safety program fund.
(d) Fifty percent of any fine, penalty, or forfeiture for a violation of section 42-4-1301
occurring outside the corporate limits of a city or town shall be transmitted to the treasurer
of the county in which the city or town is located, and the remaining fifty percent shall be
transmitted to the state treasurer, credited to the highway users tax fund, and allocated and
expended as specified in section 43-4-205 (5.5) (a), C.R.S.; except that twenty-five percent
of any fine, penalty, or forfeiture for a violation of section 42-4-1301 occurring on a state
or federal highway shall be transmitted to the treasurer of the county in which the city or
town is located, and the remaining seventy-five percent shall be transmitted to the state
treasurer, credited to the highway users tax fund, and allocated and expended as specified
in section 43-4-205 (5.5) (a), C.R.S.
(e) Any fine, penalty, or forfeiture collected for a violation of section 42-4-237 shall be
transmitted to the treasurer of the local jurisdiction in which the violation occurred; except
that:
(1) If the citing officer was an officer of the Colorado state patrol, the fine, penalty, or
forfeiture shall be transmitted to the state treasurer, credited to the highway users tax fund,
and allocated and expended as specified in section 43-4-205 (5.5) (a), C.R.S.; or
(II) If the violation occurred on a state or federal highway, fifty percent of the fine,
penalty, or forfeiture shall be transmitted to the treasurer of the local jurisdiction in which
the violation occurred and the remaining fifty percent shall be transmitted to the state
treasurer, credited to the highway users tax fund, and allocated and expended as specified
in section 43-4-205 (5.5) (a), C.R.S.
(2) Except for the first fifty cents of any penalty for a traffic infraction, which shall be
retained by the department and used for administrative purposes, moneys collected by the
department pursuant to section 42-4-1701 (5) (a) shall be transmitted to the state treasurer,
who shall credit the same to the highway users tax fund for allocation and expenditure as
specified in section 43-4-205 (5.5) (a), C.R.S.; except that moneys collected pursuant to
section 42-4-1701 (5) (a) for a violation of section 42-4-237 shall be allocated pursuant to
paragraph (e) of subsection (1) of this section.
(3) Failure, refusal, or neglect on the part of any judicial or other officer or employee
to comply with the provisions of this section shall constitute misconduct in office and shall
be grounds for removal therefrom.
(4) (a) All moneys collected by the department as surcharges on penalty assessments
issued for violations of a class A or a class B traffic infraction or a class 1 or a class 2
misdemeanor traffic offense, pursuant to section 42-4-1701, shall be transmitted to the court
administrator of the judicial district in which the offense or infraction was committed and
credited fifty percent to the victims and witnesses assistance and law enforcement fund
established in that judicial district and fifty percent to the crime victim compensation fund
established in that judicial district.
(b) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2112, § 1, effective January 1,
1995. L. 96: IP(1) amended, p. 385, § 1, effective April 17. L. 2002: (l)(c) amended, p.
1921, § 15, effective July 1. L. 2003: (4) amended, p. 1550, § 9, effective May 1; (l)(c)
amended, p. 2003, § 71, effective May 22. L. 2004: IP(1) amended, p. 792, § 1, effective
Title 42 - page 27 General and Administrative 42-1-219
January 1, 2005. L. 2005: (l)(a), (l)(b), (l)(d), (l)(e), and (2) amended, p. 141, § 6,
effective April 5. L. 2007: (4) amended, p. 1114, § 4, effective July 1. L. 2008: IP(1),
(l)(b), (l)(d), (l)(e), and (2) amended, p. 2085, § 2, effective July 1.
Editor's note: (1) This section is similar to former § 42-1-215 as it existed prior to 1994, and
the former § 42-1-217 was relocated to § 42-1-218.
(2) Subsection (4)(b)(il) provided for the repeal of subsection (4)(b), effective July 1, 2008. (See
L. 2007, p. 1114.)
Cross references: For costs levied on traffic offenses pursuant to the "Colorado Crime Victim
Compensation Act", see § 24-4.1-119; for costs levied on alcohol- and drug-related traffic offenses,
see §§ 42-4-1301 (7)(g), 42-4-1301.3 (4)(a), 42-4-1301.4 (5), and 43-4-402; for establishment of the
victims and witnesses assistance and law enforcement fund and the authority for levying of
surcharges, see §§ 24-4.2-103 and 24-4.2-104.
ANNOTATION
Annotator's note. Since § 42-1-217 is sim- For the legislative history of this section,
ilar to § 42-1-215 as it existed prior to the 1994 see State v. Beckman, 149 Colo. 54, 368 P.2d
amending of title 42 as enacted by SB 94-1, a 793 (1961).
relevant case construing that provision has been
included with the annotations to this section.
42-1-218. Revocations and suspensions of licenses published. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2113, § 1, effective January 1,
1995. L. 2007: Entire section repealed, p. 30, § 4, effective August 3.
42-1-218.5. Electronic hearings. (1) Notwithstanding any other provision of this
title to the contrary, at the discretion of the department, any hearing held by the department
pursuant to this title may be conducted in whole or in part, in real time, by telephone or
other electronic means.
(2) The general assembly recognizes that there is an increase in the number of hearings
conducted by the department; that a licensee has the right to appear in person at a hearing;
and that a licensee or a law enforcement officer may not be able to appear in person at a
hearing. The general assembly therefore directs the department to consider the circum-
stances of the licensee when a licensee requests to appear in person, and grant the request
whenever possible. The general assembly further directs the department to consider the
circumstances of the licensee and the law enforcement officer when either may not be able
to appear in person, and allow the appearance by electronic means whenever possible.
(3) and (4) Repealed.
Source: L. 2001: Entire section added, p. 552, § 2, effective May 23. L. 2003: (3) and
(4) repealed, p. 2620, § 2, effective June 5.
ANNOTATION
Applied in Shafion v. Cooke, 190 P.3d 812
(Colo. App. 2008).
42-1-219. Appropriations for administration of title. The general assembly shall
make appropriations for the expenses of administration of this title.
Source: L. 94: Entire title amended with relocations, p. 2113, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-1-218 as it existed prior to 1994.
42-1-220 Vehicles and Traffic Title 42 - page 28
42-1-220. Identification security fund - repeal. ( 1 ) There is hereby created a special
purpose account in the highway users tax fund for the purpose of enhancing the security of
drivers' licenses and identification cards. Moneys received from the fees imposed in
sections 42-2-114 (2) (a) (I) (F) and 42-2-306 (1) (a) (V) shall be transmitted to the state
treasurer, who shall credit the same to such special account within the highway users tax
fund, to be known as the identification security fund. All interest derived from the deposit
and investment of moneys in the identification security fund shall be credited to the fund.
Moneys in the identification security fund shall be used, subject to appropriation by the
general assembly, to cover the costs of driver's license and identification card security
enhancements required by sections 42-2-106 (2) (b), 42-2-107 (1) (a) (II), 42-2-114 (1) (a),
42-2-302 (5), and 42-2-303 (3). At the end of any fiscal year, all unexpended and
unencumbered moneys in the identification security fund shall remain in the fund and shall
not revert to the general fund or any other fund.
(2) On or before July 1, 2008, the state auditor shall submit a report to the transpor-
tation legislation review committee, created in section 43-2-145, C.R.S., concerning the
effectiveness of the security features that are part of the driver's license system in reducing
the incidence of issuance of fraudulent drivers' licenses and identification cards.
(3) This section is repealed, effective July 1, 2014.
Source: L. 2001: Entire section added, p. 940, § 5, effective July 1. L. 2002: (1)
amended, p. 535, § 1, effective May 24. L. 2006: (2) and (3) amended, p. 656, § 2,
effective April 24. L. 2009: (3) amended, (SB 09-025), ch. 266, p. 1215, § 1, effective July
1.
42-1-221. Fuel piracy computer ^programming cash fund - repeal. (Repealed)
Source: L. 2002: Entire section added, p. 1132, § 3, effective July 1.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2003. (See
L. 2002, p. 1132.)
42-1-222. Motor vehicle investigations unit The department shall establish a motor
vehicle investigations unit to investigate and prevent fraud concerning the use of driver's
licenses, identification cards, motor vehicle titles and registrations, and other motor vehicle
documents issued by the department. Such unit shall also assist victims of identity theft by
means of such documents.
Source: L. 2004: Entire section added, p. 1736, § 1, effective July 1.
42-1-223. Monitoring driving improvement schools - fund - rules. (1) The defen-
sive driving school fund, referred to in this section as the "fund", is hereby created in the
state treasury. The fund shall consist of penalty surcharges collected pursuant to section
42-4-1717 (3). The moneys in the fund shall be used to implement a program to monitor and
evaluate driver improvement schools pursuant to this section. The moneys in the fund at the
end of each fiscal year shall not revert to the general fund.
(2) The department shall, in accordance with article 103 of title 24, C.R.S., contract
with a private entity by July 1, 2010, to monitor and evaluate the curriculum and
effectiveness of driver improvement classes required by section 42-4-1717. The private
entity shall submit a report to the referring court within three months after a school has been
evaluated summarizing the curriculum, location, security, quality, and effectiveness of the
classes. The private entity shall also submit an abstract of such reports to the department
annually.
(3) The department may promulgate rules setting standards for frequency and types of
evaluations based upon the revenue received pursuant to section 42-4-1717 and the
expected effectiveness of frequencies and types of evaluations.
Title 42 - page 29 General and Administrative 42-1-226
Source: L. 2009: Entire section added, (HB 09-1246), ch. 346, p. 1811, § 1, effective
August 5.
42-1-224. Criminal history check. The department may submit fingerprints of an
employee or prospective employee to the Colorado bureau of investigation to obtain a
fingerprint-based criminal history record check if the employee's duties do or will provide
them with access to Colorado driver's licenses and identification cards issued pursuant to
article 2 of this title or personal identifying information collected or stored by the
department in order to issue driver's licenses or identification cards. The department of
revenue shall require all such employees hired on or after April 15, 2010, to obtain a
fingerprint-based criminal history record check prior to performing their official duties, and
shall require all such employees hired before April 15, 2010, to obtain a fingerprint-based
criminal history record check by July 1, 2011. The department may use this information to
make employment decisions concerning such employees. Upon receipt of fingerprints and
payment for the costs, the Colorado bureau of investigation shall conduct a state and
national fingerprint-based criminal history record check utilizing records of the Colorado
bureau of investigation and the federal bureau of investigation. The department shall be the
authorized agency to receive information regarding the result of the national criminal
history record check. The Colorado bureau of investigation shall charge the department a
fee for record checks conducted pursuant to this section. The Colorado bureau of investi-
gation shall set such fee at a level sufficient to cover the direct and indirect costs of
processing requests made pursuant to this section. Moneys collected by the bureau pursuant
to this section shall be subject to annual appropriation by the general assembly for the
administration of this section.
Source: L. 2010: Entire section added, (HB 10-1011), ch. 110, p. 367, § 1, effective
April 15.
42-1-225. Commercial vehicle enterprise tax fund - creation. (1) The commercial
vehicle enterprise tax fund is hereby created in the state treasury. The fund consists of
moneys collected and transmitted to the fund pursuant to section 42-4-1701 (4) (a) (II). The
general assembly shall annually appropriate the moneys in the fund to cover the actual cost
of administering sections 39-26-113.5 and 39-30-104 (1) (b), C.R.S. Moneys in the fund are
continuously appropriated to the department of revenue for the payment of sales and use tax
refunds pursuant to section 39-26-113.5, C.R.S. After receiving the statement pursuant to
section 39-30-104 (1) (b) (VI), C.R.S., the state treasurer shall credit the total cost of the
amount of the tax credits stated therein to the general fund. Any moneys remaining in the
commercial vehicle enterprise tax fund at the end of the fiscal year shall not revert to the
general fund.
(2) (a) On July 1, 2011, and each July 1 thereafter, the department shall allocate
one-third of the fund balance, not including the amount appropriated to cover the actual cost
of admimstering sections 39-26-113.5 and 39-30-104 (1) (b), C.R.S., to make the sales tax
refunds granted in section 39-26-113.5, C.R.S.
(b) On July 1 , 201 1 , and each July 1 thereafter, the department shall allocate two-thirds
of the fund balance, not including the amount appropriated to cover the actual cost of
administering sections 39-26-113.5 and 39-30-104 (1) (b), C.R.S., to offset the income tax
credit granted in section 39-30-104 (1) (b), C.R.S. By January 1, 2012, the department shall
notify the Colorado economic development commission created in section 24-46-102,
C.R.S., of the amount allocated for such purposes.
Source: L. 2010: Entire section added, (HB 10-1285), ch. 423, p. 2187, § 1, effective
July 1. L. 2012: (1) amended, (SB 12-041), ch. 165, p. 576, § 1, effective May 9.
42-1-226. Disabled parking education and enforcement fund - created. There is
hereby created in the state treasury the disabled parking education and enforcement fund,
which consists of moneys collected pursuant to this section and section 42-4-1208 (6) and
42-1-227 Vehicles and Traffic Title 42 - page 30
(7). The general assembly shall appropriate the moneys in the fund for the purposes
specified in sections 42-1-227, 42-3-204, and 42-4-1208. Unexpended and unencumbered
moneys in the fund at the end of a fiscal year shall remain in the fund and shall not be
credited or transferred to the general fund or another fund. The department may accept gifts,
grants, or donations from private or public sources for the purposes of this section. All
private and public funds received through gifts, grants, or donations shall be transmitted to
the state treasurer, who shall credit the moneys to the fund.
Source: L. 2010: Entire section added, (HB 10-1019), ch. 400, p. 1917, § 1, effective
January 1, 2011.
42-1-227. Disabled parking education program. (1) Subject to the availability of
funds appropriated under section 42-1-226, the Colorado advisory council for persons with
disabilities, created in section 24-45.5-103, C.R.S.:
(a) May make grants or develop or deliver education programs for the purpose of
providing peace officers, local governments, medical providers, drivers, and persons with
disabilities with education concerning eligibility standards for parking privileges available
to a person with a disability affecting mobility, appropriate use of the parking privileges, the
legal standards and violations contained in sections 42-3-204 and 42-4-1208, and the
advantages of creating a volunteer enforcement program; and
(b) Shall create or make available a training program to assist professionals in under-
standing the standards that need to be met to obtain an identifying license plate or placard.
Source: L. 2010: Entire section added, (HB 10-1019), ch. 400, p. 1917, § 1, effective
January 1, 2011.
PART 3
GREEN TRUCK GRANT PROGRAM
42-1-301 to 42-1-305. (Repealed)
Source: L. 2012: Entire part repealed, (HB 12-1315), ch. 224, p. 984, § 55, effective
July 1.
Editor's note: This part 3 was added in 2009 and was not amended prior to its repeal in 2012. For
the text of this part 3 prior to 2012, consult the 2011 Colorado Revised Statutes and the Colorado
statutory research explanatory note beginning on page vii in the front of this volume.
PART 4
LICENSE PLATE AUCTIONS
42-1-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Group*' means the license plate auction group created in section 42-1-403.
(2) "Registration number" means the unique combination of letters and numbers
assigned to a vehicle by the department under section 42-3-201 and required to be displayed
on the license plate by section 42-3-202.
(3) "Vehicle" means a vehicle required to be registered pursuant to part 1 of article 3
of this title.
Source: L. 2011: Entire part added, (HB 11-1216), ch. 131, p. 460, § 3, effective April
26.
42-1-402. License to buy and sell selected registration numbers for license plates.
(1) The state or a person may sell, and the state or a person may purchase, the exclusive
Title 42 - page 3 1 General and Administrative 42- 1 -404
right to use a registration number selected by the group under section 42-1-404 for the
purpose of registering a vehicle under article 3 of this title.
(2) The right to use a registration number is a perpetual license, the use of which is
subject to compliance with this part 4.
Source: L. 2011: Entire part added, (HB 11-1216), ch. 131, p. 461, § 3, effective April
26.
42-1-403. License plate auction group. (1 ) The license plate auction group is hereby
created within the office of the governor.
(2) The group consists of seven members, appointed as follows:
(a) One member who is appointed by the executive director of the department of
revenue and who is not a member of the Colorado advisory council for persons with
disabilities created in section 24-45.5-103, C.R.S.;
(b) One member who is appointed by the governor to represent persons with disabilities
and who is not a member of the Colorado advisory council for persons with disabilities;
(c) One member appointed by the president of the senate to represent persons with
disabilities;
(d) One member appointed by the Colorado advisory council for persons with, disabil-
ities;
(e) One member appointed by the director of the Colorado office of economic devel-
opment;
(f) One member appointed by the chief of the Colorado state patrol; and
(g) One member appointed by the chief information officer appointed under section
24-37.5-103, C.R.S.
(3) An act of the group is void unless a majority of the governing body votes for the
act.
(4) The members of the group serve at the pleasure of the appointing entity.
(5) The group has the following duties and powers:
(a) To adopt and use a seal and to alter the same at its pleasure;
(b) To sue and be sued and otherwise assert or defend the group's legal interests;
(c) To acquire office space, equipment, services, supplies, and insurance necessary to
carry out the purposes of mis part 4;
(d) To accept any gifts, grants, and loans of money, property, or other aid from the
federal government, the state, any state agency, or any other source if the group complies
with this part 4 and part 13 of article 75 of this tide;
(e) To have and exercise all rights and powers necessary or incidental to, or implied
from, the specific powers granted in this part 4;
(i) To fix the time and place at which meetings may be held;
(g) To elect a member as executive director of the group and other officers; and
(h) To hire employees and professional advisers as needed.
(6) The attorney general is the legal counsel for the group.
Source: L. 2011: Entire part added, (HB 11-1216), ch. 131, p. 461, § 3, effective April
26.
42-1-404. Sale of registration numbers by group. (1) The group shall raise money
by auctioning to a buyer the right to use valuable letter and number combinations for a
registration number.
(2) (a) The group shall study the market and determine which registration numbers are
the most valuable, including both the types of plates currently issued and any type of plate
that has been historically issued. Based on the study, the group shall select the most valuable
registration numbers and request the department to verify whether plates with the registra-
tion numbers are currently issued. The group shall not send the request to the department
more than once every six months.
42-1-405 Vehicles and Traffic Title 42 - page 32
(b) Upon receiving the group's request, the department shall verify whether the plates
are currently issued. If the plate is not currently issued, the department shall reserve the
registration number until the group notifies the department to release the registration
number.
(c) If a registration number is not currently issued, the group may auction the right to
use the registration number in a manner calculated to bring the highest price; except that the
department may deny the sale or use of a registration number that is offensive or
inappropriate.
Source: L. 2011: Entire part added, (HB 11-1216), ch. 131, p. 462, § 3, effective April
26.
42-1-405. Creation of a private market for registration numbers - fee. (1) The
group shall raise money by creating a market, which may include an on-line auction site,
for registration numbers using methods that are commercially reasonable, account for
expenditures, and ensure the collection of the state's approval and transfer royalty.
(2) The royalty for the state's approval and transfer of the right to use a registration
number is twenty-five percent of the sale price of the transfer. At the time of sale, the
purchaser shall pay the royalty to the group. This payment is not in lieu of the normal
registration fees or specific ownership tax.
(3) A person shall not sell a registration number and the department shall not assign a
registration number as a result of the right to use the number being sold to a vehicle unless
the registration number was sold using the market created by the group.
Source: L. 2011: Entire section added, (HB 11-1216), ch. 131, p. 462, § 3, effective
April 26.
42-1-406. Administration. (1) The group shall notify the department when the right
to use a registration number has been sold and the group has collected the state's sale
proceeds or approval and transfer royalty. Upon receiving the notice, the department shall
create a record in the Colorado state titling and registration system, created in section
42-1-211, containing the name of the buyer, the vehicle identification number, if applicable,
and the corresponding registration number.
(2) If the registration number consists of a combination of letters and numbers that is
not within the normal format of license plate currently produced for the department, the
department shall issue the plates as personalized plates under section 42-3-211; except that,
notwithstanding section 42-3-211, the auction group may sell, and the buyer or any
subsequent buyer may use, a registration number or letter of one position.
(3) The group shall transfer the moneys collected under this part 4 to the state treasurer,
who shall credit them to the registration number fund created in section 42-1-407.
(4) The group may contract with one or more public or private entities to implement
this part 4.
(5) Any moneys received by the group shall be deposited in the registration number
fund.
Source: L. 2011: Entire section added, (HB 11-1216), ch. 131, p. 463, § 3, effective
April 26. L. 2012: (2) amended, (SB 12-170), ch. 207, p. 820, § 1, effective August 8.
42-1-407. Registration number fund. (1) The registration number fund is hereby
created in the state treasury. The moneys in the fund consist of the proceeds from the sale
of registration numbers under section 42-1-404 and the royalty from private sales of
registration numbers under section 42-1-405.
(2) The general assembly shall appropriate the amounts necessary, not to exceed five
percent of the fund, to implement this part 4 from the registration number fund to the
department, the governor's office, and the group.
Title 42 - page 33
Drivers' Licenses
42-1-407
(3) (a) (I) Except as specified in paragraph (b) of this subsection (3), at the end of each
fiscal year, the state treasurer shall transfer one million five hundred thousand dollars, or the
balance of the registration number fund if the balance is a lesser amount, from the
registration number fund to the disability-benefit support fund created in section 24-30-
2205, C.R.S.
(II) If any moneys remain in the registration number fund after the transfer required by
subparagraph (I) of this paragraph (a), the state treasurer shall transfer two million five
hundred thousand dollars, or the balance of the fund if the balance is a lesser amount, from
the registration number fund to the general fund.
(HI) If any moneys remain in the registration number fund after the transfers required
by subparagraphs (I) and (II) of this paragraph (a), the state treasurer shall transfer the
balance from the registration number fund to the disability-benefit support fund created by
section 24-30-2205, C.R.S.
(b) The treasurer shall adjust the transfers required by paragraph (a) of this subsection
(3) on July 1 of each year in proportion to the aggregate change in the United States
department of labor bureau of labor statistics consumer price index for all urban consumers
for the Denver-Boulder-Greeley consolidated metropolitan statistical area. The treasurer
may round the dollar amount of the adjustment to the nearest ten dollars.
26.
Source: L. 2011: Entire part added, (HB 11-1216), ch. 131, p. 463, § 3, effective April
DRIVERS' LICENSES
ARTICLE 2
Drivers' Licenses
Cross references:
§ 42-1-217.
For disposition of fines and penalties under parts 1, 2, and 4 of this article, see
PARTI
DRIVERS' LICENSES
42-2-101. Licenses for drivers required.
42-2-102. Persons exempt from license.
42-2-103. Motorcycles - low-power
scooters - driver's license re-
quired.
42-2-104. Licenses issued - denied.
42-2-105. Special restrictions on certain
drivers.
42-2-105.5. Restrictions on minor drivers
under eighteen years of age -
penalties - legislative decla-
ration.
42-2-106. Instruction permits and tempo-
rary licenses.
42-2-107. Application for license or in-
struction permit - anatomical
gifts - donations to Emily
Maureen Ellen Keyes organ
and tissue donation aware-
ness fund - legislative decla-
ration - repeal.
42-2-108. Application of minors.
42-2-109. Release from liability.
42-2-110. Revocation upon death of
signer for minor.
42-2-111.
42-2-112.
42-2-113.
42-2-114.
42-2-114.5.
42-2-115.
42-2-116.
42-2-117.
42-2-118.
42-2-119.
42-2-120.
42-2-121.
42-2-121.5.
Examination of applicants and
drivers - when required.
Medical advice - use by depart-
ment - physician immunity.
License examiners appointed.
License issued - fees - repeal.
Licensing services cash fund.
License, permit, or identifica-
tion card to be exhibited on
demand.
Restricted license.
Duplicate permits and minor li-
- replacement li-
Renewal of license in person or
by mail - donations to Emily
Maureen Ellen Keyes organ
and tissue donation aware-
ness fund - repeal.
Notices - change of address or
name.
Methods of service.
Records to be kept by depart-
ment - admission of records
in court.
Emergency contact information
- web site form - license ap-
Vehicles and Traffic
Title 42 - page 34
plication - driver's license
database.
42-2-122. Department may cancel license
- limited license for physical
or mental limitations.
42-2-123. Suspending privileges of non-
residents and reporting con-
victions.
42-2-124. When court to report convic-
tions.
42-2-125. Mandatory revocation of li-
cense and permit.
42-2-126. Revocation of license based on
administrative determination.
42-2-126.1. Probationary licenses for per-
sons convicted of alcohol-re-
lated driving offenses - igni-
tion interlock devices - fees -
interlock fund created - vio-
lations of probationary li-
cense - repeal. (Repealed)
42-2-126.3. Tampering with an ignition in-
terlock device. (Repealed)
42-2-126.5. Revocation of license based on
administrative actions taken
under tribal law - repeal.
42-2-127. Authority to suspend license -
to deny license - type of con-
viction - points.
42-2-127.3. Authority to suspend license -
controlled substance viola-
tions. (Repealed)
42-2-127.4. Authority to suspend license -
forgery of a penalty assess-
ment notice issued to minor
under the age of eighteen
years. (Repealed)
42-2-127.5. Authority to suspend license -
violation of child support or-
der.
42-2-127.6. Authority to suspend license -
providing alcohol to an un-
derage person.
42-2-127.7. Authority to suspend driver's
license - uninsured motorists
- legislative declaration.
42-2-128. Vehicular homicide - revoca-
tion of license.
42-2-129. Mandatory surrender of license
, or permit for driving under
the influence or with exces-
sive alcoholic content.
42-2-130. Mandatory surrender of license
or permit for drug convic-
tions. (Repealed)
42-2-131. Revocation of license or permit
for failing to comply with a
court order relating to
nondriving alcohol convic-
tions.
42-2-13 1 .5. Revocation of license or permit
for convictions involving de-
facing property. (Repealed)
42-2- 1 32. Period of suspension or revoca-
tion.
42-2-132.5. Mandatory and voluntary re-
stricted licenses following al-
cohol convictions - rules.
42-2-1 33. Surrender and return of license.
42-2-134. Foreign license invalid during
suspension.
42-2-135. Right to appeal.
42-2-136. Unlawful possession or use of
license.
42-2-137. False affidavit - penalty.
42-2-138. Driving under restraint - pen-
alty.
42-2-139. Permitting unauthorized minor
to drive.
42-2-140. Permitting unauthorized person
to drive.
42-2-141. Renting or loaning a motor ve-
hicle to another.
42-2-142. Violation - penalty.
42-2-143. Legislative declaration.
42-2-144. Reporting by certified level
alcohol and drug education
and treatment providers - no-
tice of administrative reme-
dies against a driver's license
- rules.
PART 2
HABITUAL OFFENDERS
42-2-201. Legislative declaration con-
cerning habitual offenders of
motor vehicle laws.
42-2-202. Habitual offenders - frequency
and type of violations.
42-2-203. Authority to revoke license of
habitual offender.
42-2-204. Appeals.
42-2-205. Prohibition.
42-2-206. Driving after revocation pro-
hibited.
42-2-207. No existing law modified.
42-2-208. Computation of number of con-
victions.
PART 3
IDENnHCATION CARDS
42-2-301. Definitions.
42-2-302. Department may issue - limita-
tions.
42-2-303. Contents of identification card -
repeal.
42-2-304. Validity of identification card -
rules.
42-2-304.5. Cancellation or denial of iden-
tification card - failure to reg-
ister vehicles in Colorado.
42-2-305. Lost, stolen, or destroyed cards.
42-2-306. Fees - disposition - repeal.
Title 42-
page 35 Drivers'
Licenses
42-2-101
42-2-307.
Change of address.
42-2-402.
Definitions.
42-2-308.
No liability on public entity.
42-2-403.
Department authority - rules -
42-2-309.
Unlawful acts.
federal requirements.
42-2-310.
violation.
42-2-404.
License for drivers - limita-
42-2-311.
County jail identification pro-
tions.
cessing unit - report - repeal.
42-2-405.
Driver's license disciplinary
(Repealed)
actions - grounds for denial -
42-2-312.
County jail identification pro-
suspension - revocation - dis-
cessing unit fund.
qualification.
42-2-313.
Department consult with coun-
42-2-405.5.
Violations of out-of-service or-
ties on county jail identifica-
der.
tion processing unit.
42-2-406.
Fees - rules.
42-2-407.
Licensing of testing units and
PART 4
driving testers - hearings -
regulations.
COMME1
42-2-408.
Unlawful acts - penalty.
42-2-409.
Unlawful possession or use of a
42-2-401.
Short title.
commercial driver's license.
PARTI
DRIVERS*
LICENSES
Cross references: For the short title of this part 1 ("Uniform Safety Code of 1935"), see
§ 42-4-101.
Law reviews: For article, "There Must Be Fifty Ways to Lose Your (Driver's) License", see 22
Colo. Law. 2385 (1993).
42-2-101. Licenses for drivers required. (1) Except as otherwise provided in part 4
of this article for commercial drivers, no person shall drive any motor vehicle upon a
highway in this state unless such person has been issued a currently valid driver's or minor
driver's license or an instruction permit by the department under this article.
(2) No person shall drive any motor vehicle upon a highway in this state if such
person's driver's or minor driver's license has been expired for one year or less and such
person has not been issued another such license by the department or by another state or
country subsequent to such expiration.
(3) No person shall drive any motor vehicle upon a highway in this state unless such
person has in his or her immediate possession a current driver's or minor driver's license
or an instruction permit issued by the department under this article.
(4) No person who has been issued a currently valid driver's or minor driver's license
or an instruction permit shall drive a type or general class of motor vehicle upon a highway
in this state for which such person has not been issued the correct type or general class of
license or permit.
(5) No person who has been issued a currently valid driver's or minor driver's license
or an instruction permit shall operate a motor vehicle upon a highway in this state without
having such license or permit in such person's immediate possession.
(6) A charge of a violation of subsection (2) of this section shall be dismissed by the
court if the defendant elects not to pay the penalty assessment and, at or before the
defendant's scheduled court appearance, exhibits to the court a currently valid driver's or
minor driver's license.
(7) A charge of a violation of subsection (5) of this section shall be dismissed by the
court if the defendant elects not to pay the penalty assessment and, at or before the
defendant's scheduled court appearance, exhibits to the court a currently valid license or
permit issued to such person or an officially issued duplicate thereof if the original is lost,
stolen, or destroyed.
(8) The conduct of a driver of a motor vehicle which would otherwise constitute a
violation of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or private
injury which is about to occur by reason of a situation occasioned or developed through no
42-2-102
Vehicles and Traffic
Title 42 - page 36
conduct of said driver and which is of sufficient gravity that, according to ordinary
standards of intelligence and morality, the desirability and urgency of avoiding the injury
clearly outweigh the desirability of avoiding the injury sought to be prevented by this
section; or
(b) The applicable conditions for exemption, as set forth in section 42-2-102, exist.
(9) The issue of justification or exemption is an affirmative defense. As used in this
subsection (9), "affirmative defense" means that, unless the state's evidence raises the issue
involving the particular defense, the defendant, to raise the issue, shall present some
credible evidence on that issue. If the issue involved in an affirmative defense is raised, then
the liability of the defendant must be established beyond a reasonable doubt as to that issue
as well as all other elements of the traffic infraction.
(10) Any person who violates any provision of subsection (1) or (4) of this section is
guilty of a class 2 misdemeanor traffic offense. Any person who violates any provision of
subsection (2), (3), or (5) of this section commits a class B traffic infraction.
(11) Notwithstanding any law to the contrary, a second or subsequent conviction under
subsection (1) or (4) of this section, when a person receiving such conviction has not
subsequently obtained a valid Colorado driver' s license or the correct type or general class
of license, shall result in the assessment by the department of six points against the driving
privilege of the person receiving such second or subsequent conviction.
Source: L. 94: Entire title amended with relocations, p. 2114, § 1, effective January 1,
1995. L. 2000: (1) to (6) amended, p. 1349, § 14, effective July 1, 2001.
ANNOTATION
Principal purpose of this section and § 42-
2-110 is the promotion of public safety by as-
suring that drivers are qualified to operate then-
vehicles. Tomasi v. Thompson, 635 P.2d 538
(Colo. 1981).
Interpretation of § 42-2-130 (3) in context
of other relevant sections. § 42-2-130 (3),
which authorizes the department to extend the
period of suspension or revocation whenever
drivers whose licenses have been suspended or
revoked commit additional traffic offenses,
should be read and considered in the context of
other relevant provisions of article 2 of the
uniform motor vehicle law. Allen v. Charnes,
674 P.2d 378 (Colo. 1984).
Police have authority to make custodial
arrest for driving without a license under this
section and § 42-4-1501. People v. Meredith,
763 P.2d 562 (Colo. 1988) (overruling People v.
Clyne, 189 Colo. 412, 541 P.2d 71 (1975) and
People v. Stark, 682 P.2d 1240 (Colo. App.
1984)).
Search of an automobile incident to an
arrest for driving without a license under this
section and § 42-4-1501 is lawful. People v.
Meredith, 763 P.2d 562 (Colo. 1988).
Applied in People v. Pinyan, 190 Colo. 304,
546 P.2d 488 (1976); Ruth v. County Court, 198
Colo. 6, 595 P.2d 237 (1979).
42-2-102. Persons exempt from license. (1) The following persons need not obtain
a Colorado driver* s license:
(a) Any person who operates a federally owned military motor vehicle while serving in
the armed forces of the United States;
(b) Any person who temporarily drives or operates any road machine, farm tractor, or
other implement of husbandry on a highway;
(c) Any nonresident who is at least sixteen years of age and who has in his or her
immediate possession a valid driver's license issued to such nonresident by his or her state
or country of residence. A nonresident who is at least sixteen years of age and whose state
or country of residence does not require the licensing of drivers may operate a motor vehicle
as a driver for not more than ninety days in any calendar year, if said nonresident is the
owner of the vehicle driven and if the motor vehicle so operated is duly registered in such
nonresident's state or country of residence and such nonresident has in his or her immediate
possession a registration card evidencing such ownership and registration in his or her own
state or country.
(d) A nonresident on active duty in the armed forces of the United States if that person
has in his or her possession a valid driver's license issued by such nonresident's state of
Title 42 - page 37 Drivers* Licenses 42-2-103
domicile or, if returning from duty outside the United States, has a valid driver's license in
his or her possession issued by the armed forces of the United States in foreign countries,
but such armed forces license shall be valid only for a period of forty-five days after the
licensee has returned to the United States;
(e) The spouse of a member of the armed forces of the United States who is
accompanying such member on military or naval assignment to this state, who has a valid
driver's license issued by another state, and whose right to drive has not been suspended or
revoked in this state;
(f) Any nonresident who is temporarily residing in Colorado for the principal purpose
of furthering such nonresident's education, is at least sixteen years of age, has a valid
driver's license from his or her state of residence, and is considered a nonresident for tuition
purposes by the educational institution at which such nonresident is furthering his or her
education.
(2) Any person who has in his or her possession a valid driver's license issued by such
person's previous state of residence shall be exempt, for thirty days after becoming a
resident of the state of Colorado, from obtaining a license, as provided in section 42-2-101.
Source: L. 94: Entire title amended with relocations, p. 2115, § 1, effective January 1,
1995.
ANNOTATION
Effect of subsection (l)(d) under § 42-2- since no person was required to sign their ap-
107 (1). Section 42-2-107 (1) only requires that plications, no one is required to attend the hear-
the licensee be accompanied at the hearing by ing other than the licensees themselves. Lopez v.
the person who signed the application of the Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446
minor, unless that person submits a verified (1975).
statement. However, where licensees have never Applied in Colo. Dept. of Rev. v. Smith, 640
been required to apply for licenses in the state of p.2d 1 143 (Colo. 1982).
Colorado, by virtue of subsection (l)(d), and
42-2-103. Motorcycles - low-power scooters - driver's license required.
(1) (a) The department shall establish a motorcycle endorsement program for driver's
licenses, minor driver's licenses, and instruction permits issued pursuant to this article.
(b) The department shall require an applicant for a general motorcycle endorsement to
demonstrate the applicant's ability to exercise ordinary and reasonable care and control in
the operation of a motorcycle. The department shall also require an applicant for a limited
three- wheel motorcycle endorsement to demonstrate the applicant's ability to exercise
ordinary and reasonable care and control in the operation of a three-wheel motorcycle.
(c) A person shall not operate a two- wheel motorcycle on a roadway without a general
motorcycle endorsement, but a person who possesses a general motorcycle endorsement
may operate any motorcycle on the roadway. ,
(d) A person with only a limited three- wheel motorcycle endorsement may operate a
three-wheel motorcycle but shall not operate a two-wheel motorcycle on a roadway.
(2) (a) An operator of a low-power scooter shall possess a valid driver's license or
minor driver's license.
(b) No low-power scooter shall be operated on any interstate system as described in
section 43-2-101 (2), C.R.S., except where a bicycle may be operated on such interstate
system, on any limited-access road of the state highway system as described in section
43-2-101 (1), C.R.S., or on any sidewalk, unless such operation is specifically designated.
Low-power scooters may be operated upon roadways, except as provided in this section,
and in bicycle lanes included within such roadways.
(3) A person who operates a motorcycle in violation of subsection (1) of this section
commits the offense of driving a motor vehicle without the correct class of license in
violation of section 42-2-101 (4) and shall be punished as provided in section 42-2-101 (10).
42-2-104 Vehicles and Traffic Title 42 - page 38
Source: L. 94: Entire title amended with relocations, p. 2116, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1349, § 15, effective July 1, 2001. L. 2008:
Entire section amended, p. 79, § 1, effective July 1. L. 2009: (2) amended, (HB 09-1026),
ch. 281, p. 1262, § 23, effective October 1.
Editor's note: This section is similar to former § 42-2-102.5 as it existed prior to 1994, and the
former § 42-2-103 was relocated to § 42-2-104.
42-2-104. Licenses issued - denied. (1) Except as otherwise provided in this article,
the department may license the following persons in the manner prescribed in this article:
(a) Any person twenty-one years of age or older, as a driver;
(b) (Deleted by amendment, L. 2000, p. 1348, § 11, effective July 1, 2001.)
(c) Any person sixteen years of age or older who has not reached his or her twenty-first
birthday, as a minor driver.
(1.5) Repealed.
(2) Except as otherwise provided in this article, a person shall not be licensed by the
department to operate any motor vehicle in this state:
(a) and (b) (Deleted by amendment, L. 2007, p. 504, § 2, effective July 1, 2007.)
(b.5) While the person's privilege to drive is under restraint;
(c) Who has been adjudged or determined by a court of competent jurisdiction to be an
habitual drunkard or addicted to the use of a controlled substance, as defined in section
18-18-102 (5), C.R.S.;
(d) Who has been adjudged or determined by a court of competent jurisdiction to be
afflicted with or suffering from any mental disability or disease and who has not at the time
of application been restored to competency in the manner prescribed by law.
(3) The department shall not issue any license to:
(a) Any person required by this article to take an examination until such person has
successfully passed the examination;
(b) Any person required under the provisions of any motor vehicle financial safety or
responsibility law to deposit or furnish proof of financial responsibility until such person
has deposited or furnished such proof;
(c) Any person whose license is subject to suspension or revocation or who does not
have a license but would be subject to suspension or revocation pursuant to section
42-2-125, 42-2-126, or 42-2-127;
(d) Any person not submitting proof of age or proof of identity, or both, as required by
the department;
(e) Any person whose presence in the United States is in violation of federal immi-
gration laws;
(f) A person who, while under the age of sixteen, was convicted of any offense that
would have subjected the person to a revocation of driving privileges under section
42-2-125 for the period of such revocation if such person had possessed a driver's license,
(4) (a) The department shall not issue a driver's license, including, without limitation,
a temporary driver's license pursuant to section 42-2-106 (2), to a person under eighteen
years of age, unless the person has:
(I) Applied for, been issued, and possessed an appropriate instruction permit for at least
twelve months;
(II) Submitted a log or other written evidence on a standardized form approved by the
department that is signed by his or her parent or guardian or other responsible adult who
signed the affidavit of liability or the instructor of a driver's education course approved by
the department, certifying that the person has completed not less than fifty hours of actual
driving experience, of which not less than ten hours shall have been completed while
driving at night.
(b) In no event shall the department issue a minor driver's license to anyone under
sixteen years of age.
(5) The department shall not issue a driver's license to a person under sixteen years and
six months of age unless the person has either:
Title 42 - page 39 Drivers' Licenses 42-2-105
(a) Received a minimum of twelve hours of driving-behind-tfae- wheel training directed
by a parent, a legal guardian, or an alternate permit supervisor, which training shall be in
addition to the driving experience required by subsection (4) of this section, if no entity
offers approved behind the-wheel driver training at least twenty hours a week from a
permanent location with an address that is within thirty miles of the permit holder's
residence; or
(b) Received a minimum of six hours of driving-behind-the-wheel training with a
driving instructor employed or associated with an approved driver education course.
Source: L. 94: Entire title amended with relocations, p. 2116, § 1, effective January 1,
1995. L. 97: (3)(f) amended, p. 1537, § 5, effective July 1. L. 99: (3X0 amended, p. 392,
§ 3, effective July 1; (4) amended, p. 1379, § 2, effective July 1. L. 2000: (1) amended and
(1.5) added, p. 1348, § 11, effective July 1, 2001. L. 2003: (3)(f) amended, p. 1904, § 4,
effective July 1. L. 2004: IP(4)(a) and (4)(a)(I) amended, p. 1264, § 2, effective July 1.
L. 2005: (3)(f) amended, p. 640, § 2, effective May 27. L. 2006: IP(4)(a) and (4Ka)(II)
amended, p. 733, § 1, effective July 1. L. 2007: (5) added, p. 588, § 2, effective April 20;
IP(2), (2)(a), and (2Kb) amended and (2)(b.5) added, p. 504, § 2, effective July 1. L. 2010:
IP(4)(a), (4)(a)(H), and (5) amended, (SB 10-015), ch. 60, p. 217, § 1, effective August 11.
L. 2012: (2Xc) amended, (HB 12-1311), ch. 281, p. 1631, § 87, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-103 as it existed prior to 1994, and
the former § 42-2-104 was relocated to § 42-2-105.
(2) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2006. (See L.
2000, p. 1348.)
Cross references: For the legislative declaration contained in the 1999 act amending subsection
(4), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration
contained in the 2004 act amending the introductory portion to subsection (4)(a) and subsection
(4)(a)(I), see section 1 of chapter 323, Session Laws of Colorado 2004. For the legislative declaration
contained in the 2007 act enacting subsection (5), see section 1 of chapter 155, Session Laws of
Colorado 2007.
ANNOTATION
Law reviews. For article, "Drinking and relevant cases construing that provision have
Driving: An Update on the 1989 Legislation*', been included with the annotations to this sec-
see 18 Colo. Law. 1943 (1989). tion.
Annotator's note. Since § 42-2-104 is sim- Applied in People v. Shaver, 630 P.2d 600
ilar to § 42-2-103 as it existed prior to the 1994 (Colo. 1981); Colo. Dept. of Rev. v. Smith, 640
amending of title 42 as enacted by SB 94-1, P.2d 1143 (Colo. 1982).
42-2-105. Special restrictions on certain drivers. (1) A person under the age of
eighteen years shall not drive any motor vehicle used to transport explosives or inflammable
material or any motor vehicle used as a school vehicle for the transportation of pupils to or
from school. A person under the age of eighteen years shall not drive a motor vehicle used
as a commercial, private, or common carrier of persons or property unless such person has
experience in operating motor vehicles and has been examined on such person's qualifi-
cations in operating such vehicles. The examination shall include safety regulations of
commodity hauling, and the driver shall be licensed as a driver or a minor driver who is
eighteen years of age or older.
(2) Notwithstanding the provisions of subsection ( 1) of this section, no person under the
age of twenty-one years shall drive a commercial motor vehicle as defined in section
42-2-402 (4) except as provided in section 42-2-404 (4).
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
42-2-105.5 Vehicles and Traffic Title 42 - page 40
Source: L. 94: Entire title amended with relocations, p. 2117, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 1355, § 1, effective July 1. L. 2002: (1) amended,
p. 1034, § 73, effective June 1. L. 2010: (1) amended, (HB 10-1232), ch. 163, p. 572,
§ 11, effective April 28.
Editor's note: This section is similar to former § 42-2-104 as it existed prior to 1994, and the
former § 42-2-105 was relocated to § 42-2-106.
Cross references: For the penalty for a class A traffic infraction, see § 42-4-1701 (3).
42-2-105.5. Restrictions on minor drivers under eighteen years of age - penalties -
legislative declaration. (1) The general assembly finds, determines, and declares that:
(a) Teenage drivers, in order to become safe and responsible drivers, need behind-the-
wheel driving experience before they can begin to drive without restrictions;
(b) Providing additional behind-the- wheel training with a parent, guardian, or other
responsible adult before obtaining a minor driver* s license is the beginning of the young
driver's accumulation of experience;
(c) Once a teenage driver begins to drive without a parent, guardian, or other respon-
sible adult in the vehicle, it is necessary to place restrictions on a teenage driver who holds
a minor driver's license until such driver turns eighteen years of age in order to give that
driver time to exercise good judgment in the operation of a vehicle while keeping that
driver, his or her passengers, and the public safe;
(d) Penalties for the violation of these restrictions on minor drivers under eighteen
years of age, including the assessment of points where they may not otherwise be assessed,
should be sufficient to ensure that chronic violations would result in swift and severe
repercussions to reinforce the importance of obeying the driving laws in order to keep the
minor driver, his or her passengers, and the public safe.
(2) Repealed.
(3) Occupants in motor vehicles driven by persons under eighteen years of age shall be
properly restrained or wear seat belts as required in sections 42-4-236 and 42-4-237.
(4) No more than one passenger shall occupy the front seat of the motor vehicle driven
by a person under eighteen years of age, and the number of passengers in the back seat of
such vehicle shall not exceed the number of seat belts.
(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), any person
who violates this section commits a class A traffic infraction.
(b) A violation of subsection (3) of this section is a traffic infraction, and, notwith-
standing the provisions of section 42-4-1701 (4) (a) (I) (D), a person convicted of violating
subsection (3) of this section shall be punished as follows:
(I) By the imposition of not less than eight hours nor more than twenty-four hours of
community service for a first offense and not less than sixteen hours nor more than forty
hours of community service for a subsequent offense;
(H) By the levying of a fine of not more than sixty-five dollars for a first offense, a fine
of not more than one hundred thirty dollars for a second offense, and a fine of one hundred
ninety-five dollars for a subsequent offense; and
(HI) By an assessment of two license suspension points pursuant to section 42-2-127
(5) (hh).
Source: L. 99: Entire section added, p. 1379, § 3, effective July 1. L. 2005: (2)
repealed, p. 334, § 3, effective July 1. L. 2006: (l)(c), (l)(d), (3), (4), and (5) amended, p.
438, § 1, effective July 1. L. 2008: (5)(b)(U) amended, p. 2086, § 3, effective July 1.
Cross references: For the legislative declaration contained in the 1999 act enacting this section, see
section 1 of chapter 334, Session Laws of Colorado 1999.
42-2-106. Instruction permits and temporary licenses. (1) (a) (I) A person who is
sixteen years of age or older and who, except for the person's lack of instruction in
operating a motor vehicle or motorcycle, would otherwise be qualified to obtain a license
Title 42 - page 41 Drivers' Licenses 42-2-106
under this article may apply for a temporary instruction permit in accordance with sections
42-2-107 and 42-2-108. The department shall issue a permit entitling an applicant, who is
sixteen years of age or older but under eighteen years of age, while having the permit in the
applicant's immediate possession, to drive a motor vehicle or motorcycle upon the
highways when accompanied by the parent, stepparent, grandparent with power of attorney,
or guardian or foster parent, who signed the affidavit of liability pursuant to section
42-2-108 (1) (a), who holds a valid Colorado driver's license, and who occupies the front
seat in close proximity to the driver or, in the case of a motorcycle, under the immediate
proximate supervision of a licensed driver, who holds a valid Colorado driver's license and
is twenty-one years of age or older, authorized under this article to drive a motorcycle. In
addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who is authorized pursuant to this section to supervise the minor driver while the
minor is driving, may allow the minor, while having the permit in the applicant's immediate
possession, to drive with an individual who holds a valid driver's license and is twenty-one
years of age or older for additional driving experience, but such additional driving
experience shall not count toward the requirement established in section 42-2-104. The
permit shall expire three years after issuance. The department shall issue a permit entitling
the applicant, who is eighteen years of age or older, while having the permit in the
applicant's immediate possession, to drive a motor vehicle or motorcycle upon the
highways when accompanied by a driver, who holds a valid Colorado driver's license and
is twenty-one years of age or older, who occupies the front seat of the motor vehicle, or if
the vehicle is a motorcycle under the immediate proximate supervision of a driver, who is
authorized under this article to drive a motorcycle. The permit shall expire three years after
issuance.
(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who signed the affidavit of liability pursuant to section 42-2-108 (1) (a), does not
hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of
attorney, or guardian or foster parent may appoint an alternate permit supervisor. An
alternate permit supervisor shall hold a valid Colorado driver's license and be twenty-one
years of age or older or, if the vehicle is a motorcycle, is authorized under this article to
drive a motorcycle. A minor who is issued a permit under this paragraph (a) may drive a
motor vehicle, including a motorcycle, under the supervision of the alternate permit
supervisor if the minor has the permit in the minor's immediate possession and the alternate
permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a
motorcycle, is in close proximity to the driver.
(ID) If the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who signed the affidavit of liability pursuant to section 42-2-108 (1) (a), does not
hold a valid Colorado driver's license but holds a valid driver's license from another state
and is authorized to drive a motor vehicle or motorcycle and has proper military identifi-
cation, then the applicant, while having the permit in the applicant's immediate possession,
shall be authorized to drive a motor vehicle, including a motorcycle, under the supervision
of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent,
who cosigned the application for the minor's instruction permit, if the parent, stepparent,
grandparent with power of attorney, or guardian or foster parent occupies the front seat of
the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver while
the minor is driving.
(b) (I) A minor who is fifteen years of age or older and has completed a department-
approved driver education course within the last six months may apply for a minor's
instruction permit, pursuant to sections 42-2-107 and 42-2-108. Nothing in this subpara-
graph (I) shall require a minor who is fifteen years of age or older and in the foster care
system to complete and present an affidavit of liability to register for a department-approved
driver education course prior to applying for a minor's instruction permit. Upon presenta-
tion of a written or printed statement signed by the parent, stepparent, grandparent with
power of attorney, or guardian or foster parent and the instructor of the driver education
course that the minor has passed an approved driver education course, and a signed affidavit
of liability pursuant to section 42-2-108, the department shall issue the permit entitling the
applicant, while having the permit in the applicant's immediate possession, to drive a motor
42-2-106 Vehicles and Traffic Title 42 - page 42
vehicle, including a motorcycle, under the supervision of the parent, stepparent, grandparent
with power of attorney, or guardian or foster parent, who cosigned the application for the
minor* s instruction permit, if the parent, stepparent, grandparent with power of attorney, or
guardian or foster parent holds a valid Colorado driver' s license and occupies the front seat
of the motor vehicle or, if the vehicle is a motorcycle, is authorized under this article to
drive a motorcycle and is in close proximity to the driver while the minor is driving. In
addition, the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who is authorized pursuant to this section to supervise the minor driver while the
minor is driving, may allow the minor, while having the permit in the applicant's immediate
possession, to drive with an individual who holds a valid driver's license and is twenty-one
years of age or older for additional driving experience, but such additional driving
experience shall not count toward the requirement established in section 42-2-104. The
permit shall also entitle the applicant to drive a motor vehicle, including a motorcycle, that
is marked to indicate that it is a motor vehicle used for instruction and that is properly
equipped for instruction, upon the highways when accompanied by or under the supervision
of an approved driver education instructor who holds a valid Colorado driver's license.
Driver education instructors giving instruction in motorcycle safety shall have a valid
motorcycle driver's license from Colorado and shall have successfully completed an
instruction program in motorcycle safety approved by the department. The permit shall
expire three years after issuance.
(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who signed the affidavit of liability pursuant to section 42-2-108 (1) (a), does not
hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of
attorney, or guardian or foster parent may appoint an alternate permit supervisor. An
alternate permit supervisor shall hold a valid Colorado driver's license and be twenty-one
years of age or older or, if the vehicle is a motorcycle, is authorized under this article to
drive a motorcycle. A minor who is issued a permit under this paragraph (b) may drive a
motor vehicle, including a motorcycle, under the supervision of the alternate permit
supervisor if the minor has the permit in the minor's immediate possession and the alternate
permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a
motorcycle, is in close proximity to the driver.
(HI) If the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who signed the affidavit of liability pursuant to section 42-2-108 (1) (a), does not
hold a valid Colorado driver's license but holds a valid driver's license from another state
and is authorized to drive a motor vehicle or motorcycle and has proper military identifi-
cation, then the applicant, while having the permit in the applicant's immediate possession,
shall be authorized to drive a motor vehicle, including a motorcycle, under the supervision
of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent,
who cosigned the application for the minor's instruction permit, if the parent, stepparent,
grandparent with power of attorney, or guardian or foster parent occupies the front seat of
the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver while
the minor is driving.
(c) A person sixteen years of age or older who, except for his or her lack of instruction
in operating a motorcycle would otherwise be qualified to obtain a driver's license under
this article to drive a motorcycle may apply for a temporary instruction permit, pursuant to
sections 42-2-107 and 42-2-108. The department shall issue the permit entitling the
applicant, while having the permit in the applicant's immediate possession, to drive a
motorcycle upon the highways while under the immediate supervision of a licensed driver,
who holds a valid Colorado driver's license and is twenty-one years of age or older,
authorized under this article to drive a motorcycle. The permit shall expire three years after
issuance.
(d) (I) A minor fifteen and one-half years of age but less than sixteen years of age who
has completed a four-hour prequalification driver awareness program approved by the
department may apply for a minor's instruction permit pursuant to sections 42-2-107 and
42-2-108. Upon presenting a written or printed statement signed by the parent, stepparent,
grandparent with power of attorney, or guardian or foster parent of the applicant and
documentation that the minor completed the driver awareness program, the department shall
Title 42 - page 43 Drivers' Licenses 42-2-106
issue a permit entitling the applicant, while having the permit in the applicant's immediate
possession, to drive a motor vehicle, including a motorcycle, under the supervision of the
parent, stepparent, grandparent with power of attorney, or guardian or foster parent, who
cosigned the application for the minor's instruction permit, if the parent, stepparent,
grandparent with power of attorney, or guardian or foster parent holds a valid Colorado
driver's license and occupies the front seat of the motor vehicle or, if the vehicle is a
motorcycle, is authorized under this article to drive a motorcycle and is in close proximity
to the driver while he or she is driving. In addition, the parent, stepparent, grandparent with
power of attorney, or guardian or foster parent, who is authorized pursuant to this section
to supervise the minor driver while the minor is driving, may allow the minor, while having
the permit in the applicant's immediate possession, to drive with an individual who holds
a valid driver's license and is twenty-one years of age or older for additional driving
experience, but such additional driving experience shall not count toward the requirement
established in section 42-2-104. The permit shall expire three years after issuance.
(II) If the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who signed the affidavit of liability pursuant to section 42-2-108 (1) (a), does not
hold a valid Colorado driver's license, the parent, stepparent, grandparent with power of
attorney, or guardian or foster parent may appoint an alternate permit supervisor. An
alternate permit supervisor shall hold a valid Colorado driver's license and be twenty-one
years of age or older or, if the vehicle is a motorcycle, is authorized under this article to
drive a motorcycle. A minor who is issued a permit under this paragraph (d) may drive a
motor vehicle, including a motorcycle, under the supervision of the alternate permit
supervisor if the minor has the permit in the minor's immediate possession and the alternate
permit supervisor occupies the front seat of the motor vehicle or, if the vehicle is a
motorcycle, is in close proximity to the driver.
(HI) If the parent, stepparent, grandparent with power of attorney, or guardian or foster
parent, who signed the affidavit of liability pursuant to section 42-2-108 (1) (a), does not
hold a valid Colorado driver's license but holds a valid driver's license from another state
and is authorized to drive a motor vehicle or motorcycle and has proper military identifi-
cation, then the applicant, while having the permit in the applicant's immediate possession,
shall be authorized to drive a motor vehicle, including a motorcycle, under the supervision
of the parent, stepparent, grandparent with power of attorney, or guardian or foster parent,
who cosigned the application for the minor's instruction permit, if the parent, stepparent,
grandparent with power of attorney, or guardian or foster parent occupies the front seat of
the motor vehicle or, if the vehicle is a motorcycle, is in close proximity to the driver while
the minor is driving.
(e) Repealed.
(f) Notwithstanding paragraphs (a) to (d) of this subsection (1), a temporary instruction
permit to operate a commercial motor vehicle as defined in section 42-2-402 shall expire
one year after issuance.
(2) (a) The department, in its discretion, may issue a temporary driver's license to an
applicant, who is not a first time applicant in Colorado or who is under eighteen years of
age and is accompanied by a responsible party meeting the requirements of section
42-2-108 (1), for a minor driver's or driver's license which will permit such applicant to
operate a motor vehicle while the department completes its verification of all facts relative
to such applicant's right to receive a minor driver's or driver's license.
(b) The department shall issue a temporary driver's license to a first time applicant in
Colorado for a minor driver's or driver's license that will permit such applicant to operate
a motor vehicle while the department completes its verification of all facts relative to such
applicant's right to receive a minor driver's or driver's license including the age, identity,
and residency of the applicant, unless such applicant is under eighteen years of age and is
accompanied by a responsible adult meeting the requirements of section 42-2-108 (1). Such
verification shall include a comparison of existing driver's license and identification card
images in department files with the applicant's images to ensure such applicant has only one
identity.
(c) A temporary license is valid for up to one year as determined by the department,
unless extended by the department, and must be in such applicant's immediate possession
42-2-107 Vehicles and Traffic Title 42 - page 44
while operating a motor vehicle. It shall be invalid when the permanent license has been
issued or has been refused for good cause.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2118, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 1355, § 2, effective July 1. L. 99: (l)(a) and
(l)(b) amended, p. 1380, § 4, effective July 1. L. 2000: (2) amended, p. 1348, § 12,
effective July 1, 2001. L. 2001: (2) amended, p. 937, § 1, effective July 1. L. 2004: (l)(a)
and (l)(b) amended and (l)(d) and (l)(e) added, p. 1265, § 3, effective July 1. L. 2005:
(l)(b), (l)(c), and (l)(d) amended, p. 641, § 3, effective May 27. L. 2006: (l)(b) and (l)(d)
amended, p. 582, § 1, effective April 24; (l)(a), (l)(b), (l)(c), and (l)(d) amended, p. 733,
§ 2, effective July 1. L. 2007: (l)(b)(I) amended, p. 589, § 3, effective April 20. L. 2008:
(l)(f) added, p. 474, § 3, effective July 1. L. 2009: (1) amended, (HB 09-1026), ch. 281,
p. 1262, § 24, effective October 1. L. 2010: (l)(b)(I) amended, (HB 10-1059), ch. 38, p.
156, § 1, effective August 11.
Editor's note: (1) This section is similar to former § 42-2-105 as it existed prior to 1994, and
the former § 42-2-106 was relocated to § 42-2-107.
(2) Subsection (l)(e)(II) provided for the repeal of subsection (l)(e), effective July 1, 2006. (See
L. 2004, p. 1265.)
(3) Amendments to subsections (l)(b) and (l)(d) by Senate Bill 06-083 and House Bill 06-1107
were harmonized.
Cross references: (1) For the penalty for a class A traffic infraction, see § 42-4-1701 (3).
(2) For the legislative declaration contained in the 1999 act amending subsections (l)(a) and
(l)(b), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration
contained in the 2004 act amending subsections (l)(a) and ( l)(b) and enacting subsections ( l)(d) and
(l)(e), see section 1 of chapter 323, Session Laws of Colorado 2004. For the legislative declaration
contained in the 2007 act amending subsection (l)(b)(I), see section 1 of chapter 155, Session Laws
of Colorado 2007.
ANNOTATION
The department of motor vehicles did not ter's driving practice, as required by minor's
violate § 504 of the Rehabilitation Act of instruction permit. Barber v. Colo. Dept. of
1973, 29 U.S.C. § 794, and intentionally dis- Rev., 562 F.3d 1222 (10th Cir. 2009) (decided
criminate against blind mother when it re- under law in effect prior to the 2005
quired a "parent, stepparent, or guardian*' with a amendment),
valid driver's license to supervise minor daugh-
42-2-107. Application for license or instruction permit - anatomical gifts - dona-
tions to Emily Maureen Ellen Keyes organ and tissue donation awareness fund -
legislative declaration - repeal. (1) (a) (I) To be acceptable, every application for an
instruction permit or for a driver's or minor driver's license must be made upon forms
furnished by the department and accompanied by the required fee. The fee for an
application for any instruction permit is thirteen dollars and forty cents. The department
shall transfer the fee to the state treasurer, who shall credit ten dollars to the highway users
tax fund and three dollars and forty cents to the licensing services cash fund created in
section 42-2-114.5; except that, for fiscal years 2012-13 through 2014-15, the state treasurer
shall credit the fee to the licensing services cash fund created in section 42-2-114.5. Every
applicant shall submit with the application proof of age or proof of identity, or both, as the
department may require.
(II) If an applicant is applying for an instruction permit or driver's or minor driver's
license for the first time in Colorado and the applicant otherwise meets the requirements for
such license or permit, the applicant shall receive a temporary license or instruction permit
pursuant to section 42-2-106 (2) until the department verifies all facts relative to such
applicant's right to receive an instruction permit or minor driver's or driver's license
including the age, identity, and residency of the applicant.
Title 42 - page 45 Drivers' Licenses 42-2-107
(b) (I) An applicant who submits proof of age or proof of identity issued by an entity
other than a state or the United States shall also submit such proof as the department may
require that the applicant is lawfully present in the United States.
(II) An applicant who submits, as proof of age or proof of identity, a driver's license or
identification card issued by a state that issues drivers' licenses or identification cards to
persons who are not lawfully present in the United States shall also submit such proof as
the department may require that the applicant is lawfully present in the United States.
(c) The department may not issue a driver' s or minor driver' s license to any person who
is not lawfully present in the United States.
(d) The department may not issue a driver' s or minor driver' s license to any person who
is not a resident of the state of Colorado. The department shall issue such a license only
upon the furnishing of such evidence of residency as the department may require.
(2) (a) Every application shall state the full name, date of birth, sex, and residence
address of the applicant; briefly describe the applicant; be signed by the applicant with such
applicant's usual signature; have affixed thereon the applicant's fingerprint; and state
whether the licensee has ever been licensed as a minor driver or driver and, if so, when and
by what state or country and whether any such license has ever been denied, suspended, or
revoked, the reasons therefor, and the date thereof. These statements shall be verified by the
applicant's signature thereon.
(b) (I) In addition to the requirements of paragraph (a) of this subsection (2), an
application shall state that:
(A) The applicant understands that, as a resident of the state of Colorado, any motor
vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the
state and the applicant may be subject to criminal penalties, civil penalties, cancellation or
denial of the applicant's driver's license, and liability for any unpaid registration fees and
specific ownership taxes if the applicant fails to comply with such registration requirements;
and
(B) The applicant agrees, within thirty days after the date the applicant became a
resident, to register in Colorado any vehicle owned by the applicant.
(II) The applicant shall verify the statements required by this paragraph (b) by the
applicant's signature on the application.
(2.5) (a) Any male United States citizen or immigrant who applies for an instruction
permit or a driver's license or a renewal of any such permit or license and who is at least
eighteen years of age but less than twenty-six years of age shall be registered in compliance
with the requirements of section 3 of the "Military Selective Service Act", 50 U.S.C. App.
sec. 453, as amended.
(b) The department shall forward in an electronic format the necessary personal
information of the applicants identified in paragraph (a) of this subsection (2.5) to the
selective service system. The applicant's submission of an application shall serve as an
indication that the applicant either has already registered with the selective service system
or that he is authorizing the department to forward to the selective service system the
necessary information for such registration. The department shall notify the applicant that
his submission of an application constitutes consent to registration with the selective service
system, if so required by federal law.
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3), an
application for a driver's or minor driver's license shall include the applicant's social
security number, which shall remain confidential and shall not be placed on the applicant's
driver's or minor driver's license; except that such confidentiality shall not extend to the
state child support enforcement agency, the department, or a court of competent jurisdiction
when requesting information in the course of activities authorized under article 13 of title
26, C.R.S., or article 14 of title 14, C.R.S. If the applicant does not have a social security
number, the applicant shall submit a sworn statement made under penalty of law, together
with the application, stating that the applicant does not have a social security number.
(b) If federal law is changed to prohibit the collection of social security numbers on
driver's license applications, the department shall automatically stop its practice of includ-
ing applicants' social security numbers on applications for driver's and minor driver's
licenses as specified in paragraph (a) of this subsection (3).
42-2-107 Vehicles and Traffic Title 42 - page 46
(c) A sworn statement that is made under penalty of perjury shall be sufficient evidence
of the applicant's social security number required by this subsection (3) and shall authorize
the department to issue a driver's or minor driver's license to the applicant. Nothing in this
paragraph (c) shall be construed to prevent the department from cancelling, denying,
recalling, or updating a driver's or minor driver's license if the department learns that the
applicant has provided a false social security number.
(4) (a) (Deleted by amendment, L. 2004, p. 1891, § 4, effective August 4, 2004.)
(b) (I) (A) The general assembly hereby finds, determines, and declares that the
availability of human organs and tissue by voluntary designation of donors under the
provisions of the "Revised Uniform Anatomical Gift Act", part 1 of article 34 of title 12,
C.R.S., is critical for advancements in medical science to occur and for the successful use
of various medical treatments to save and prolong lives.
(B) The general assembly further finds, determines, and declares that state government
should play a role in increasing the availability of human organs and tissue to procurement
organizations, as defined in section 12-34-102, C.R.S., by acting as a conduit to make
moneys available for promoting organ and tissue donation and that this role constitutes a
public purpose.
(II) There is hereby created in the state treasury the Emily Maureen Ellen Keyes organ
and tissue donation awareness fund, which shall consist of all moneys credited thereto from
all sources including but not limited to moneys collected from voluntary contributions for
organ and tissue donation pursuant to subparagraph (V) of this paragraph (b) and section
42-2-118 (1) (a) (II). All moneys in the fund are hereby continuously appropriated to the
department of the treasury and shall remain in the fund to be used for the purposes set forth
in subparagraph (HI) of this paragraph (b) and shall not revert to the general fund or any
other fund. All interest derived from the deposit and investment of this fund shall be
credited to the fund. At least quarterly, the state treasurer shall transfer all available moneys
in the Emily Maureen Ellen Keyes organ and tissue donation awareness fund to donor
alliance, inc., or its successor organization, as directed by sub-subparagraph (A) of
subparagraph (HI) of this paragraph (b).
(HI) At least quarterly, the state treasurer shall transfer all available moneys from the
Emily Maureen Ellen Keyes organ and tissue donation awareness fund:
(A) To donor alliance, inc., or its successor organization, to provide funding for
activities to promote organ and tissue donation through the creation and dissemination, by
means of electronic media and otherwise, of educational information including public
service announcements and information to increase awareness in the medical professions
and related fields. Donor alliance, inc., or its successor organization, shall create, by
amendment to its articles of incorporation or bylaws or otherwise, as appropriate, an
advisory group to allocate moneys received pursuant to this sub-subparagraph (A). Such
advisory body shall include a representative of any qualified transplant organization. Such
organizations shall include those for organs, tissue, bone marrow, and blood. The advisory
body created under this sub-subparagraph (A) shall report in writing in a form and manner
determined by the department and at such intervals as required by the department on the use
of moneys received under this sub-subparagraph (A). No moneys made available pursuant
to this paragraph (b) shall be used to encourage fetal tissue donation.
(B) (Deleted by amendment, L. 98, p. 1172, 9, effective June 1, 1998.)
(C) Before any payment to donor alliance, inc., or its successor organization, from the
Emily Maureen Ellen Keyes organ and tissue donation awareness fund may be made for any
purpose, to the department for the reasonable costs associated with the initial installation of
the organ and tissue donor registry, the setup for electronic transfer of the donor information
for the organ and tissue donor registry to the federally designated organ procurement
organization, and computer programming and form changes necessary as a result of the
creation of the organ and tissue donor registry.
(D) To donor alliance, inc., or its successor organization, for the costs associated with
educating the public about the organ and tissue donor registry pursuant to section 12-34-
120, C.R.S.
(IV) Appropriations made by the general assembly pursuant to subparagraph (HI) of
this paragraph (b) shall not exceed moneys in the Emily Maureen Ellen Keyes organ and
tissue donation awareness fund that are available for appropriation.
Title 42 - page 47 Drivers' Licenses 42-2-107
(V) An applicant may make a donation of one dollar or more to the Emily Maureen
Ellen Keyes organ and tissue donation awareness fund, created in subparagraph (II) of this
paragraph (b), to promote the donation of organs and tissues under the provisions of the
"Revised Uniform Anatomical Gift Act", part 1 of article 34 of title 12, C.R.S. The
department shall collect such donations and transmit them to the state treasurer, who shall
credit the same to the Emily Maureen Ellen Keyes organ and tissue donation awareness
fund. The donation prescribed in this subparagraph (V) is voluntary and may be refused by
the applicant. The department shall make available informational booklets or other infor-
mational sources on the importance of organ and tissue donations to applicants as designed
and approved by the advisory body created under sub-subparagraph (A) of subparagraph
(HI) of this paragraph (b). The department shall inquire of each applicant at the time the
completed application is presented whether the applicant is interested in making a donation
of one dollar or more and shall also specifically inform the applicant of the option for organ
and tissue donations. The department shall also provide written information designed and
approved by the advisory body created under sub-subparagraph (A) of subparagraph (III) of
this paragraph (b) to each applicant volunteering to become an organ and tissue donor. The
written information shall disclose that the applicant's name shall be transmitted to the organ
and tissue donor registry authorized in section 12-34-120, C.R.S., and that the applicant
shall notify the federally designated organ procurement organization of any changes to the
applicant's donor status.
(V.5) Designation on a donor's driver's license or permit shall fulfill the release
requirements set forth in section 24-72-204 (7) (b), C.R.S.
(VI) The provisions of article 16 of title 6, C.R.S., shall not apply to the activities of
the department under this paragraph (b).
(VII) This paragraph (b) is repealed, effective July 1, 2018.
(5) (a) (I) Prior to the issuance of a driver's or minor driver's license, the department
shall determine if there are any outstanding judgments or warrants entered or issued against
the applicant pursuant to section 42-4-1709 (7).
(II) For the purposes of this subsection (5), "outstanding judgments or warrants" does
not include any judgment or warrant reported to the department in violation of the
provisions of section 42-4-110.5 (2) (c).
(b) If the department determines that there are no outstanding judgments or warrants
entered or issued against the applicant and if all other conditions for issuance required by
articles 1 to 4 of this title are met, the department shall issue the license.
(c) If the department determines that there are outstanding judgments or warrants
entered or issued against the applicant and the applicant is subject to the provisions of
section 42-4-1709 (7), the license shall not be issued until the applicant has complied with
the requirements of that section. Any person who satisfies an outstanding judgment or
warrant entered pursuant to section 42-4-1709 (7) shall pay to the court a thirty -dollar
administrative processing fee for each such judgment or warrant in addition to all other
penalties, costs, or forfeitures. The court shall remit fifty percent of the administrative
processing fee to the department of revenue, and the other fifty percent shall be retained by
the issuing court.
(6) Notwithstanding the amount specified for any fee in this section, the executive
director of the department by rule or as otherwise provided by law may reduce the amount
of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of the fees
is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department by rule or as otherwise provided by law may increase
the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2119, § 1, effective January 1,
1995. L. 95: (5) added, p. 1003, § 1, effective July 1. L. 96: IP(15)(b) amended, p. 1201,
§ 1, effective June 1; (4) amended, p. 1132, § 1, effective July 1. L. 97: (5)(a) amended,
p. 1669, § 2, effective June 5; (2) amended, p. 1000, § 1, effective August 6. L. 98: (4)(a),
(4)(b)(II), (4)(b)(m)(B), and (4)(b)(VH) amended, p. 1172, § 9, effective June 1; (6) added,
p. 1351, § 93, effective June 1; (1) amended, p. 294, § 1, effective July 1. L. 99: (4)(b)(H)
42-2-108
Vehicles and Traffic
Title 42 - page 48
amended, p. 630, § 46, effective August 4. L. 2000: (3) amended, p. 1715, § 11, effective
July 1; (4)(b)(m)(C), (4)(b)(m)(D), and (4)(b)(V.5) added and (4)(b)(V) and (4)(b)(VII)
amended, pp. 730, 731, 733, §§ 8, 9, 14, effective July 1; (l)(a), (l)(c), (l)(d), (2)(a), (3),
and (5)(a)(I) amended, p. 1349, § 16, effective July 1, 2001. L. 2001: (l)(a) amended, p.
938, § 2, effective July 1; (2.5) added, p. 646, § 1, effective August 8; (3)(a) amended and
(3)(c) added, p. 782, § 1, effective August 8. L. 2002: (l)(b) amended, p. 171, § 1,
effective April 2. L. 2004: (4)(a), (4)(b)(II), (4)(b)(m)(C), and (4)(b)(V) amended, p. 1891,
§ 4, effective August 4. L. 2005: (3)(a) amended, p. 642, § 4, effective May 27. L. 2007:
(4)(b)di), n>(4)(b)(m), (4)(b)(m)(A), (4)(b)(mxc), (4)(b)(m)(D), (4)(b)(iv), (4)(b)(V),
and (4)(bXVII) amended, p. 307, § 1, effective, March 30; (l)(a)(I) amended, p. 1570, § 2,
effective July 1; (4)(b)(I), (4)(b)(m)(C), (4)(b)(m)(D), and (4)(b)(V) amended, p. 799,
§ 10, effective July 1. L. 2009: (l)(a)(I) amended, (SB 09-274), ch. 210, p. 951, § 1,
effective May 1. L. 2010: (l)(a)(I) amended, (HB 10-1387), ch. 205, p. 886, § 1, effective
May 5. L. 2011: (4)(b)(H) and (4)(b)(m) amended, (HB 11-1303), ch. 264, p. 1177, § 99,
effective August 10. L. 2012: (l)(a)(I) amended, (HB 12-1216), ch. 80, p. 263, § 1,
effective July 1.
Editor's note: (1) This section is similar to former § 42-2-106 as it existed prior to 1994, and
the former § 42-2-107 was relocated to § 42-2-108.
(2) Amendments to subsection (3) by Senate Bill 00-145 and Senate Bill 00-011 were harmo-
nized, effective July 1, 2001.
(3) Amendments to subsections (4)(b)(ffl)(C), (4)(b)(m)(D), and (4)(b)(V) by Senate Bill 07-037
and House Bill 07-1266 were harmonized
ANNOTATION
Law reviews. For article, "Organ Donation
Update", see 13 Colo. Law. 612 (1984).
Annotator's note. Since § 42-2-107 is sim-
ilar to § 42-2-106 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Subsection (3) not unconstitutional when
applied to individuals whose religion prohib-
its the taking of photographs. Johnson v. Mo-
tor Vehicle Div., 197 Colo. 455, 593 P.2d 1363,
cert, denied, 444 U.S. 885, 100 S. Ct. 179, 62 L.
Ed.2d 116 (1979).
Suspension of a license is not synonymous
with suspension of the privilege to drive.
Therefore, failure of an applicant to disclose
suspension of her driving privilege does not
violate the provision that requires disclosure of
any license suspension. Edge v. Dept. of Rev.,
53 P.3d 652 (Colo. App. 2001).
42-2-108. Application of minors. (1) (a) The application of any person under
eighteen years of age for an instruction permit or minor driver* s license shall be accom-
panied by an affidavit of liability signed and verified by the parent, stepparent, grandparent
with power of attorney, guardian, spouse of the applicant if the spouse is eighteen years of
age or older, or, in the event there is no such person, guardian, or spouse, any other
responsible adult who is willing to assume the obligation imposed under this article upon
an adult signing the affidavit of liability for a minor. When an applicant has been made a
ward of any court in the state for any reason and has been placed in a foster home, the foster
parents or parent may sign the affidavit of liability for the minor. If the parent or foster
parent is unwilling or unable to sign the affidavit of liability, a guardian ad litem, a
designated official of the county department of social services having custody of the
applicant, or a designated official of the division of youth corrections in the department of
human services having custody of the applicant may sign the application for an instruction
permit without signing the affidavit of liability for the minor if the requirements of
paragraph (b) of this subsection (1) are met; except that, prior to signing the application for
an instruction permit, the guardian ad litem or other designated official shall notify the court
of his or her intent to sign the application, and except that, the guardian ad litem or
designated official shall not sign the application for an instruction permit for a minor who
is placed in a foster care home and is under seventeen and one-half years of age without first
obtaining the consent of the foster parent. If the minor is seventeen and one-half years of
Title 42 - page 49 Drivers' Licenses 42-2-108
age or older and is in the care of a foster parent, in order to prepare the minor for
emancipation from foster care and to assist the minor in obtaining important life skills, the
guardian ad litem or designated official shall consult with the foster parent of the minor
about the opportunity for the minor to learn driving skills under the restrictions provided in
paragraph (b) of this subsection (1) prior to signing an application for an instruction permit.
The guardian ad litem or designated official shall solicit the opinion of the minor's foster
parent concerning the minor's ability to exercise good judgment and make decisions as well
as the minor's overall capacity to drive. When a minor to whom an instruction permit or
minor driver's license has been issued is required to appear before the department for a
hearing pursuant to any provision of this article, the minor shall be accompanied by the
person who signed the affidavit of liability for the minor or by the guardian ad litem or
designated official who signed the application for an instruction permit for the minor. If the
person who signed the minor's affidavit of liability or application for an instruction permit
is unable to attend the hearing, he or she shall submit to the department a verified signed
statement certifying under oath that he or she is aware of the purpose of the hearing but
cannot attend.
(b) The department shall issue an instruction permit to an applicant under the age of
eighteen years who is otherwise eligible to obtain an instruction permit and who has been
made a ward of the court and who is in out-of-home placement without the requirement of
a parent, guardian, stepparent, or foster parent signing an affidavit of liability if the
following requirements are met:
(1) The guardian ad litem, a designated official of the county department of social
services having custody of such applicant, or a designated official of the division of youth
corrections in the department of human services having custody of such applicant signs the
application for an instruction permit;
(II) (A) If the minor is in the care of a foster parent and is under seventeen and one-half
years of age, the foster parent consents to the minor learning driving skills under the
restrictions provided in this subsection (1); or
(B) If the minor is in the care of a foster parent and is at least seventeen and one-half
years of age, the guardian ad litem or the designated official has consulted with the foster
parent prior to signing the application for an instruction permit;
(HI) The applicant is enrolled in or will be enrolled in a commercial driving course that
insures the motor vehicles in which the applicant will be driving as a student for property
damage and personal injury; and
(IV) The commercial driving course maintains possession of the applicant's instruction
permit at all times.
(1.5) (a) The application of any person under the age of eighteen years for an
instruction permit or minor driver's license shall include the option for a minor to be an
organ or tissue donor.
(b) Repealed.
(c) Any person under the age of eighteen years who volunteers to donate anatomical
gifts by designation on an instructional permit or minor driver's license shall include a
notice of consent signed and verified by the father or the mother of the applicant, or, in the
event neither parent is living, by the person or guardian having proof of legal custody of
such minor, or by the spouse of the applicant if the spouse of the applicant is eighteen years
of age or older.
(d) If the person under the age of eighteen years who volunteers to donate anatomical
gifts by designation on an instructional permit or minor driver's license is an emancipated
minor, a notice of consent is not necessary for an anatomical gift to be valid.
(2) Any negligence or willful misconduct of a minor under the age of eighteen years
who drives a motor vehicle upon a highway is imputed to the person who signed the
affidavit of liability which accompanied the application of such minor for a permit or
license. Such person is jointly and severally liable with such minor for any damages caused
by such negligence or willful misconduct, except as otherwise provided in subsection (3) of
this section.
(3) In the event this state requires a minor under the age of eighteen years to deposit,
or there is deposited upon such minor's behalf, proof of financial responsibility with respect
42-2-109
Vehicles and Traffic
Title 42 - page 50
to the operation of a motor vehicle owned by such minor or, if such minor is not the owner
of a motor vehicle, with respect to the operating of any motor vehicle, in form and in
amounts as required under the motor vehicle financial responsibility laws of this state, then
the department may accept the application of such minor when accompanied by an affidavit
of liability signed by one parent or the guardian of such minor, except as otherwise provided
in subsection (1) of this section. While such proof is maintained, such parent or guardian
is not subject to the liability imposed under subsection (2) of this section. Nothing in this
section requires a foster parent to sign an affidavit of liability for a foster child and nothing
in this section precludes a foster parent from obtaining a named driver' s exclusion on the
foster parent's insurance policy.
(4) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2119, § 1, effective January 1,
1995. L. 2000: (1.5) added, p. 731, § 10, effective July 1; (3) and (4) amended, p. 1350,
§ 17, effective July 1, 2001. L. 2002: Entire section amended, p. 392, § 1, effective May
2. L. 2004: (l)(a) and IP(l)(b) amended, p. 1266, § 4, effective July 1; (1.5)(b) repealed,
p. 1892, § 5, effective August 4. L. 2005: (l)(a) amended, p. 642, § 5, effective May 27.
L. 2006: (l)(a) amended, p. 738, § 3, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-107 as it existed prior to 1994, and
the former § 42-2-108 was relocated to § 42-2-109.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2006. (See L.
2000, p. 1350.)
Cross references: For the legislative declaration contained in the 2004 act repealing subsection
(1.5)(b), see section 1 of chapter 385, Session Laws of Colorado 2004.
ANNOTATION
Annotator's note. Since § 42-2-108 is sim-
ilar to § 42-2-107 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations this section.
Legislative intent While granting minors un-
der the age of 18 the opportunity to gain expe-
rience in driving an automobile and granting
them the privilege of using the public highways,
the general assembly sought by this section to
safeguard against the indiscretions of the inex-
perienced, youthful driver by requiring a finan-
cially responsible adult to assume the liability
for accidents negligently or willfully caused by
the youth. This was done, first, with the hope,
that, having assumed the liability, the parent or
guardian would exercise some degree of control
over the minor's driving habits, and, second, to
insure that the innocent victim of such negli-
gence would be compensated for his injuries.
Bilsten v. Porter, 33 Colo. App. 208, 516 P.2d
656 (1973); Lahey v. Benjou, 759 P.2d 855
(Colo. App. 1988).
Strict construction. This section, in deroga-
tion of the common law, is to be strictly con-
strued. Bilsten v. Porter, 33 Colo. App. 208, 516
P.2d 656 (1973).
The statutory language of this section itself
contains no express limitations on the par-
ent's liability, and this is true whether or not the
minor has disobeyed the terms of his temporary
instruction license. Bilsten v. Porter, 33 Colo.
App. 208, 516 P.2d 656 (1973).
Subsection (1) does not provide for notice
but merely requires that the person who signed
the application attend the hearing. Lopez v. Mo-
tor Vehicle Div., 189 Colo. 133, 538 P.2d 446
(1975).
Effect of § 42-2-102 (l)(d). Subsection (1)
only requires that the licensee be accompanied
at the hearing by the person who signed the
application of the minor, unless that person sub-
mits a verified statement. However, where li-
censees have never been required to apply for
licenses in the state of Colorado, by virtue of
§ 42-2-102 (l)(d), and since no person was
required to sign their applications, no one is
required to attend the hearing other than the
licensees themselves. Lopez v. Motor Vehicle
Div., 189 Colo. 133, 538 P.2d 446 (1975).
Applied in Bilsten v. Porter, 37 Colo. App.
389, 547 P.2d 255 (1976).
42-2-109. Release from liability. (1) Any person who has signed the affidavit of
liability which accompanied the application of a minor for a minor driver's license or permit
may thereafter file with the department a verified written request that the license of said
Title 42 - page 51 Drivers* Licenses 42-2-111
minor be cancelled. Upon receipt of such request, the department shall cancel the license of
said minor, unless the minor has already reached the age of eighteen years, and the person
who signed the affidavit of liability for such minor shall be relieved from all liability
imposed by section 42-2-108 (2).
(2) When such minor reaches the age of eighteen years, the person who signed the
minor's affidavit of liability is relieved of all liability imposed by section 42-2-108 (2).
Source: L. 94: Entire title amended with relocations, p. 2120, § 1, effective January 1,
1995. L. 2000: (1) amended, p. 1351, § 18, effective July 1, 2001.
Editor's note: This section is similar to former § 42-2-108 as it existed prior to 1994, and the
former § 42-2-109 was relocated to § 42-2-110.
42-2-110. Revocation upon death of signer for minor. (1) The department, upon
receipt of satisfactory evidence of the death of the person who signed the affidavit of
liability which accompanied the application for a license of such minor, shall cancel such
license, unless the minor has already reached the age of eighteen years, and shall not issue
a new license until such time as a new application is made pursuant to the provisions of this
article.
(2) In the event of the death of the signer, a licensee under the age of eighteen years
shall notify the department and secure the necessary new signer.
Source: L. 94: Entire tide amended with relocations, p. 2120, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1351, § 19, effective July 1, 2001.
Editor's note: This section is similar to former § 42-2-109 as it existed prior to 1994, and the
former § 42-2-110 was relocated to § 42-2-111.
42-2-111. Examination of applicants and drivers - when required. (1) (a) The
department shall examine every applicant for a driver's or minor driver's license. The
executive director of the department, in the director's discretion, may conduct the exami-
nation in any county convenient for the applicant. The examination shall include a test of
the applicant's eyesight, his or her ability to read and understand highway signs that
regulate, warn, and direct traffic, and his or her knowledge of the traffic laws of this state,
an actual demonstration of the applicant's ability to exercise ordinary and reasonable care
and control in the operation of a motor vehicle, and such further physical and mental
examination as the department finds necessary to determine the applicant's fitness to
operate a motor vehicle safely upon the highways; except that an applicant seeking renewal
of a driver's license by mail under section 42-2-118 need only submit the information
required by that section.
(b) The department, in issuing the drivers' licenses for certain types or general classes
of vehicles, may waive any examination required by paragraph (a) of this subsection (1) for
applicants and may certify certain employers, governmental agencies, or other appropriate
organizations to train and examine all applicants for such certain types or general classes of
licenses, if such training and examination is equal to the training and examination of the
department.
(2) Repealed.
(3) (a) If the department has evidence that indicates that a licensed driver or minor
driver is incompetent or otherwise not qualified to be licensed, it may, upon written notice
of at least ten days to the licensee, require such driver to submit to an examination.
(b) If a fatal motor vehicle accident involving one or more licensed drivers or minor
drivers occurs, the department, if deemed appropriate, shall mail a written notice to all such
drivers involved in the accident requiring such drivers to submit to examination. If the
department has not mailed a written notice to any driver involved in a fatal accident within
ninety days after the department receives notice regarding such accident, the department
shall not require an examination of such driver based upon such accident
42-2-112 Vehicles and Traffic Title 42 - page 52
(c) Upon the conclusion of an examination required under this subsection (3), the
department shall take such action as it deems appropriate and may deny, cancel, suspend,
or revoke the license of such person or permit that person to retain such license subject to
the restrictions under section 42-2-116. Refusal or failure of the licensee to submit to such
examination shall be grounds for suspension or revocation of such person' s license. Such
decision of the department shall be reviewed by a court of record upon appeal to that court
by the party aggrieved.
(4) The department shall prepare and print rules, requirements, and regulations for the
mandatory use of license examiners, and the same shall be strictly adhered to in the
examination of all drivers.
Source: L. 94: Entire tide amended with relocations, p. 2121, § 1, effective January 1,
1995. L. 96: (2) repealed, p. 1203, § 1, effective July 1. L. 97: (l)(a) amended, p. 141,
§ 1, effective March 28; (3) amended, p. 135, § 1, effective January 1, 1998. L. 99: (l)(a)
amended, p. 631, § 47, effective August 4. L. 2000: (l)(a), (3)(a), and (3)(b) amended, p.
1343, § 5, effective July 1, 2001.
Editor's note: This section is similar to former § 42-2-110 as it existed prior to 1994, and the
former § 42-2-111 was relocated to § 42-2-113.
ANNOTATION
Annotator's note. Since § 42-2-111 is simi- Principal purpose of this section and § 42-
lar to § 42-2-110 as it existed prior to the 1994 2-101 is the promotion of public safety by as-
amending of title 42 as enacted by SB 94-1, a swing that drivers are qualified to operate their
relevant case construing that provision has been vehicles. Tomasi v. Thompson, 635 R2d 538
included with the annotations to this section. (Colo. 1981).
42-2-112. Medical advice - use by department - physician immunity. (1) In order
to determine whether any licensed driver or any applicant for a driver* s license is physically
or mentally able to operate a motor vehicle safely upon the highways of this state, the
department is authorized, pursuant to this section and upon the adoption of rules concerning
medical criteria for driver licensing, to seek and receive a written medical opinion from any
physician, physician's assistant, or optometrist licensed in this state. Such written medical
opinion may also be used by the department in regard to the renewal, suspension,
revocation, or cancellation of drivers' licenses pursuant to this article. No written medical
opinion shall be sought pursuant to this section unless the department has reason to believe
that the driver or applicant is physically or mentally unable to operate a motor vehicle safely
upon the highways of this state.
(2) In addition to the written medical opinion sought and received pursuant to subsec-
tion (1) of this section, the department may consider a written medical opinion received
from the personal physician, physician's assistant, or optometrist of an individual driver or
applicant Any written medical opinion requested by the applicant or driver from a personal
physician or optometrist shall be provided to the department at the expense of the applicant
or driver. Any written medical opinion required by the department shall also be at the
expense of the applicant or driver.
(3) No civil or criminal action shall be brought against any physician, physician's
assistant, or optometrist licensed to practice in this state for providing a written medical or
optometric opinion pursuant to subsection (1) or (2) of this section if such physician or
optometrist acts in good faith and without malice.
(4) A written medical opinion received by the department which relates to an individual
applicant or driver is for the confidential use of the department in making decisions on the
individual's qualifications as a driver, and the written medical opinion shall not be divulged
to any person, except to the applicant or driver, or used in evidence in any trial or
proceeding except in matters concerning the individual's qualifications to receive or retain
a driver's license.
Title 42 - page 53 Drivers' Licenses 42-2-1 14
(5) Written medical opinions received by the department pursuant to this section, in
addition to other sources of information, may be used by the department in the adoption of
administrative rules concerning medical criteria for driver licensing.
Source: L. 94: Entire title amended with relocations, p. 2122, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 643, § 6, effective May 27.
Editor's note: (1) This section is similar to former § 42-2-110.5 as it existed prior to 1994, and
the former § 42-2-112 was relocated to § 42-2-114.
(2) Although the amending clause to section 6 of Senate Bill 05-047 stated that all of § 42-2-1 12
was amended, only subsections (1), (2), and (3) of this section were amended and appeared in the bill.
ANNOTATION
Law reviews. For article, "1986 Colorado nior Drivers And Their Families", see 34 Colo.
Tort Reform Legislation", see 15 Colo. Law. Law. 63 (October 2005).
1363 (1986). For article, "Advocating for Se-
42-2-113. License examiners appointed. The department may appoint license exam-
iners for any county in this state to conduct local examinations for all types of drivers'
licenses. The officers of the department shall conduct the examination as prescribed by law
for all drivers in the county and collect the fees as provided in section 42-2-114 and remit
the same to the department, which shall transfer the same to the credit of the highway users
tax fund; except that, for fiscal years 2012-13 through 2014-15, to the state treasurer, who
shall credit the fees to the licensing services cash fund created in section 42-2-114.5.
Source: L. 94: Entire title amended with relocations, p. 2122, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1640, § 23, effective June 1. L. 2009: Entire
section amended, (SB 09-274), ch. 210, p. 951, § 2, effective May 1. L. 2010: Entire
section amended, (HB 10-1387), ch. 205, p. 886, § 2, effective May 5. L. 2012: Entire
section amended, (HB 12-1216), ch. 80, p. 263, § 2, effective July 1.
Editor's note: This section is similar to former § 42-2-111 as it existed prior to 1994, and the
former § 42-2-113 was relocated to § 42-2-115.
42-2-114. License issued - fees - repeal. (1) (a) (I) The department, upon payment
of the required fee and the surrender or cancellation of any previously issued Colorado
identification card, shall issue to every applicant, who is not a first time applicant in
Colorado or who is under eighteen years of age and is accompanied by a responsible adult
meeting the requirements of section 42-2-108 (1), qualifying therefor either a driver's or
minor driver's license according to the qualification for either license.
(II) The department, after payment of the required fee and the surrender or cancellation
of any previously issued Colorado identification card, shall issue an instruction permit or
minor driver's or driver's license to a first time applicant in Colorado only after the
department completes its verification of all facts relative to such applicant's right to receive
an instruction permit or minor driver's or driver's license including the age, identity, and
residency of the applicant, unless such applicant is under eighteen years of age and is
accompanied by a responsible adult meeting the requirements of section 42-2-108 (1). By
July 1, 2002, such verification shall utilize appropriate and accurate technology and
techniques. Such verification shall include a comparison of existing driver's license and
identification card images in department files with the applicant's images to ensure such
applicant has only one identity. Only one fee shall be assessed for the issuance of a
temporary license and a subsequent minor driver's or driver's license issued as a result of
the same application.
(HI) Such license shall bear thereon the following:
(A) The photograph of the licensee, which shall be taken and processed with equipment
leased or owned by the department;
42-2-114 Vehicles and Traffic Title 42 - page 54
(B) A distinguishing number assigned to the licensee;
(C) The full name, date of birth, and residence address and a brief description of the
licensee;
(D) The type or general class of vehicles the licensee may drive;
(E) Any restrictions applicable to the licensee;
(F) The expiration date of the license;
(G) The official seal of the department;
(H) A reference to the previous license issued to the licensee;
(1) The usual signature of the licensee;
(J) Repealed.
(K) One or more security features that are not visible and are capable of authenticating
such license and any information contained therein.
(IV) The department shall promulgate rules that shall not allow the access and use of
images, unless such images are used for the following:
(A) To aid a federal, state, or local government agency in carrying out such agency* s
official functions pursuant to section 24-72-204 (7), C.R.S.;
(B) To aid the department to ascertain a person' s correct identity; or
(C) To aid the department to prevent the issuance of multiple driver's licenses or
identification cards to the same person.
(V) The department shall promulgate rules that shall not allow the access and use of
image comparison technology, unless such technology is used for the following:
(A) To aid a federal, state, or local government agency in carrying out such agency's
official functions pursuant to section 24-72-204 (7), C.R.S., so long as such federal, state,
or local government agency has a reasonable suspicion that a crime has been committed or
will be committed and a reasonable suspicion that the image requested is either the
perpetrator of such crime or a victim of such crime;
(B) To aid the department to ascertain a person's correct identity when there is
reasonable suspicion that the person has used a driver's license or identification card to
create a false identity. Nothing in this sub-subparagraph (B) shall be construed to prohibit
the department from ascertaining an applicant's correct identity upon application for a
driver's license or identification card.
(C) To aid the department to prevent the issuance of multiple driver's licenses or
identification cards to the same person.
(VI) Nothing in subparagraph (IV) or (V) of this paragraph (a) shall be construed to
require the department to purchase or implement a system that can be used by a person who
is not an employee, officer, or agent of the department to access image comparison
technology.
(b) (I) In the event the department issues a driver's license that contains stored
information, such license may include only the information that is specifically referenced in
paragraph (a) of this subsection (1) and that appears in printed form on the face of the
license issued by the department to the licensee; except that such stored information shall
not include the licensee's social security number.
(II) As used in this paragraph (b), "stored information" includes information that is
stored on the driver's license by means of magnetic or electronic encoding, or by any other
technology designed to store retrievable information.
(2) (a) (I) Except as provided in subsection (3) of this section:
(A) The fee for the issuance of a driver's license to a person twenty-one years of age
or older and sixty years of age or younger is twenty dollars and forty cents, which license
expires on the birthday of the applicant in the fifth year after the issuance of the license. The
department shall transfer the fee to the state treasurer, who shall credit fifteen dollars to the
highway users tax fund and five dollars and forty cents to the licensing services cash fund
created in section 42-2-114.5; except that, for fiscal years 2012-13 through 2014-15, the
state treasurer shall credit the fee to the licensing services cash fund created in section
42-2-114.5. In the case of a driver's license issued by the office of the county clerk and
recorder in each county, the office of the county clerk and recorder shall retain the sum of
eight dollars and forward the remainder of the fee to the department for transmission to the
state treasurer, who shall credit three dollars and forty cents to the licensing services cash
Htle 42 - page 55 Drivers' Licenses 42-2-1 14
fund and nine dollars to the highway users tax fund; except that, for fiscal years 2012-13
through 2014-15, the state treasurer shall credit the amount to the licensing services cash
fund. The general assembly shall make appropriations from the licensing services cash fund
for the expenses of the administration of this part 1 and part 2 of this article; except that
eight dollars and fifty cents of each fee is allocated in accordance with section 43-4-205 (6)
(b), C.R.S., other than during fiscal years 2012-13 through 2014-15.
(B) (Deleted by amendment, L. 2005, p. 644, § 8, effective May 27, 2005.)
(C) (Deleted by amendment, L. 2007, p. 1571, § 3, effective July 1, 2007.)
(D) The fee for the issuance of a driver's license to a person sixty-one years of age or
older is twenty dollars and forty cents, which license shall expire on the birthday of the
applicant in the fifth year after the issuance of the license. The department shall transfer the
fee to the state treasurer, who shall credit fifteen dollars to the highway users tax fund and
five dollars and forty cents to the licensing services cash fund created in section 42-2-1 14.5;
except that, for fiscal years 2012-13 through 2014-15, the state treasurer shall credit the fee
to the licensing services cash fund created in section 42-2-114.5. In the case of a driver's
license issued by the office of the county clerk and recorder in each county, the office of the
county clerk and recorder shall retain the sum of eight dollars and forward the remainder
to the department for transmission to the state treasurer, who shall credit three dollars and
forty cents to the licensing services cash fund and nine dollars to the highway users tax
fund; except that, for the fiscal years 2012-13 through 2014-15, the state treasurer shall
credit the amount to the licensing services cash fund. The general assembly shall make
appropriations from the licensing services cash fund for the expenses of the administration
of this part 1 and part 2 of this article; except that eight dollars and fifty cents of each fee
is allocated in accordance with section 43-4-205 (6) (b), C.R.S., other than during fiscal
years 2012-13 through 2014-15.
(E) Repealed.
(F) In addition to the fees imposed in sub-subparagraphs (A) to CD) of this subpara-
graph (I), the fee for the issuance of a minor driver's or driver's license shall include a
sixty-cent surcharge. The moneys collected pursuant to the surcharge shall be forwarded to
the department for transmission to the state treasurer, who shall credit the same to the
identification security fund created in section 42-1-220. This sub- subparagraph (F) is
repealed, effective July 1, 2014.
(II) Repealed.
(b) (I) Prior to July 1 , 2006, there shall be a surcharge of one dollar added for issuance
of a driver's or provisional driver's license for which a motorcycle endorsement is
requested which shall be credited to the motorcycle operator safety training fund created in
section 43-5-504, C.R.S.
(II) On and after July 1, 2006, there shall be a surcharge of two dollars added for
issuance of a driver's or provisional driver's license for which a motorcycle endorsement
is requested which shall be credited to the motorcycle operator safety training fund created
in section 43-5-504, C.R.S.
(2.5) The department shall charge a fee for issuing any probationary license. Such fee
shall be set by rule by the department.
(3) Driver's licenses required by the "Commercial Motor Vehicle Safety Act of 1986",
Public Law 99-570, shall expire on the birthday of the applicant in the fourth year after the
issuance thereof.
(4) (a) The fee for the issuance of a minor driver's license is twenty dollars and forty
cents, which license expires twenty days after the twenty-first birthday of the licensee. The
department shall transfer the fee to the state treasurer, who shall credit fifteen dollars to the
highway users tax fund and five dollars and forty cents to the licensing services cash fund
created in section 42-2-114.5; except that, for fiscal years 2012-13 through 2014-15, the
state treasurer shall credit the fee to the licensing services cash fund created in section
42-2-114.5. In the case of the issuance of any minor driver's license by the office of the
county clerk and recorder, the fee for the minor driver's license is apportioned in the same
manner as for the issuance of a driver's license in accordance with paragraph (a) of
subsection (2) of this section.
42-2-114 Vehicles and Traffic Title 42 - page 56
(b) (I) Prior to July 1, 2006, a surcharge of one dollar shall be added for issuance of
a minor driver's license for which a motorcycle endorsement is requested which shall be
credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.
(II) On and after July 1, 2006, a surcharge of two dollars shall be added for issuance
of a minor driver's license for which a motorcycle endorsement is requested which shall be
credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.
(5) (Deleted by amendment, L. 2007, p. 1571, § 3, effective July 1, 2007.)
(6) (a) A photograph showing the full face of the licensee shall be affixed to every
driver's license and minor driver's license issued under this section.
(b) Every minor driver' s license issued shall graphically emphasize the age group of the
licensee on the face of such license, as prescribed by the department.
(7) Any other provision of law to the contrary notwithstanding, no liability or other
sanctions shall be imparted to any person who relies upon the date of birth or identification
as set out on any license issued pursuant to this article if such date of birth or identification
should be later proved incorrect or fraudulently entered upon said license.
(8) Repealed.
(9) Notwithstanding the amount specified for any fee in this section, the executive
director of the department by rule or as otherwise provided by law may reduce the amount
of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of the fees
is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department by rule or as otherwise provided by law may increase
the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(10) (a) At the applicant's voluntary request, the department shall issue a driver's
license bearing an identifier of a branch of the United States armed forces, such as "Marine
Corps", "Navy", "Army", "Air Force", or "Coast Guard", if the applicant possesses a
currently valid military identification document, a DD214 form issued by the United States
government, or any other document accepted by the department that demonstrates that the
applicant is an active member or a veteran of the branch of service that the applicant has
requested be placed on the driver's license. The applicant shall not be required to provide
documentation that the applicant is an active member or a veteran of a branch of the United
States armed forces to renew or be reissued a driver's license bearing an identifier issued
pursuant to this subsection (10). The department shall not place more than one branch of the
United States armed forces identifier on an applicant's driver's license.
(b) (I) To be issued a driver's license bearing a branch of service identifier, or to have
such license renewed, the applicant shall pay a fee of fifteen dollars to the department,
which shall be in addition to any other fee for a driver's license. The department shall
transfer the fee to the state treasurer, who shall credit the fee to the highway users tax fund,
except as provided in subparagraph (II) of this paragraph (b).
(H) Repealed.
(c) Repealed.
Source: L. 94: (1) and (4) amended, p. 1452, § 1, effective May 25; (2)(a) amended, p.
539, § 1, effective July 1; entire title amended with relocations, p. 2123, § 1, effective
January 1, 1995. L. 98: (2.5) added, p. 1101, § 21, effective June 1; (9) added, p. 1351,
§ 94, effective June 1. L. 2000: (l)(a), (2), (4), (5), and (6) amended, p. 1343, § 6,
effective July 1, 2001. L. 2001: (l)(a) and (2)(a)CD(E) amended and (2)(a)(I)(F) added, p.
938, § 3, effective July 1. L. 2002: IP(l)(a)(IV) amended and (l)(a)(V) and (l)(a)(VI)
added, p. 369, § 1, effective April 25; (2)(a)(I)(E) repealed, p. 869, § 1, effective August
7. L. 2005: (l)(a)(m)(J) and (8) repealed and (2)(a)(I)(A) and (2)(a)(I)(B) amended, p.
644, §§ 7, 8, effective May 27. L. 2006: (2)(a)(I)(F) amended, p. 656, § 1, effective April
24. L. 2007: (2)(a)(I)(A), (2)(a)(I)(C), (2)(a)(I)(D), (4)(a), and (5) amended, p. 1571, § 3,
effective July 1. L. 2009: (2)(a)(I)(A), (2)(a)(I)(D), and (4)(a) amended, (SB 09-274), ch.
210, p. 952, § 3, effective May 1; (2)(a)(I)(F) amended, (SB 09-025), ch. 266, p. 1215, § 2,
effective July 1. L. 2010: (2)(a)(I)(A), (2)(a)(I)(D), and (4)(a) amended, (HB 10-1387), ch.
Title 42 - page 57
Drivers* Licenses
42-2-115
205, p. 887, § 3, effective May 5; (10) added, (HB 10-1209), ch. 322, p. 1497, § 1,
effective July 1. L. 2012: (2)(a)(I)(A), (2)(a)(I)(D), and (4)(a) amended, (HB 12-1216), ch.
80, p. 264, § 3, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-112 as it existed prior to 1994, and the
former § 42-2-114 was relocated to § 42-2-116.
(2) Amendments to subsections (1) and (4) by House Bill 94-1346 and amendments to subsection
(2)(a) by House Bill 94-1028 were harmonized with Senate Bill 94-001.
(3) Subsection (2)(a)(II)(B) provided for the repeal of subsection (2)(a)(II), effective July 1 , 2006.
(See L. 2000, p. 1343.)
(4) Subsection (10)(c)(II) provided for the repeal of subsection (10)(c), effective July 1, 2011.
(See L. 2010, p. 1497.)
(5) Subsection (10)(b)(II)(B) provided for the repeal of subsection (10)(b)(II), effective July 1,
2012. (See L. 2010, p. 1497.)
ANNOTATION
Law reviews. For article, " Advocating for
Senior Drivers And Their Families", see 34
Colo. Law. 63 (October 2005).
Annotator's note. Since § 42-2-114 is sim-
ilar to § 42-2-112 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Photograph requirement constitutional.
State has compelling interest in having drivers'
licenses with photographs because police offi-
cers need to be able to identify, instantly, the
operators of vehicles at traffic stops. Johnson v.
Motor Vehicle Div., 197 Colo. 455, 593 P.2d
1363, cert, denied, 444 U.S. 885, 100 S. Ct. 179,
62 L. Ed.2d 116 (1979) (decided under former
§ 42-2-106 (3)).
County clerk's authority is not personal.
The authority to make registrations, give exami-
nations, collect specific ownership taxes, and
receive the statutory fees provided therefor, is
conferred upon the county clerk and recorder,
not in his individual capacity but by virtue of his
office. The authority follows the office, and is by
no means a personal right or privilege of the
incumbent. Flanders v. Kochenberger, 118 Colo.
104, 193 P.2d 281 (1948) (decided prior to
§ 13-4-12, C.R.S. 1963, as amended, 1973).
42-2-114.5. Licensing services cash fond. (1) The licensing services cash fund is
hereby created in the state treasury. Moneys in the fund shall be appropriated by the general
assembly to the department for the cost of personal services and operating expenses
incurred in the operation of driver's license offices. At the end of each fiscal year, the state
treasurer shall credit the money in the fund, less sixteen and one-half percent of the amount
appropriated from the fund for such operation in the fiscal year, to the highway users tax
fund.
(2) Notwithstanding any provision of subsection (1) of this section to the contrary, on
June 15, 2010, the state treasurer shall deduct two million five hundred eighty-nine
thousand eight hundred ninety-four dollars from the licensing services cash fund and
transfer such sum to the general fund.
Source: L. 2007: Entire section added, p. 1570, § 1, effective July 1. L. 2009: Entire
section amended, (SB 09-279), ch. 367, p. 1933, § 26, effective June 1. L. 2010: (1)
amended, (HB 10-1387), ch. 205, p. 888, § 4, effective May 5.
42-2-115. License, permit, or identification card to be exhibited on
(1) No person who has been issued a driver's or minor driver's license or an instruction
permit or an identification card as defined in section 42-2-301 (2), who operates a motor
vehicle in this state, and who has such license, permit, or identification card in such person's
immediate possession shall refuse to remove such license, permit, or identification card
from any billfold, purse, cover, or other container and to hand the same to any peace officer
who has requested such person to do so if such peace officer reasonably suspects that such
person is committing, has committed, or is about to commit a violation of article 2, 3, 4, 5,
6, 7, or 8 of this tide.
(2) Any person who violates any provision of this section commits a class 2 misde-
meanor traffic offense.
42-2-116
Vehicles and Traffic
Title 42 - page 58
Source: L. 94: Entire title amended with relocations, p. 2124, § 1, effective January 1,
1995. L. 2000: (1) amended, p. 1351, § 20, effective July 1, 2001.
Editor's note: This section is similar to former § 42-2-113 as it existed prior to 1994, and the
former § 42-2-115 was relocated to § 42-2-117.
ANNOTATION
Annotator's note. Since § 42-2-115 is sim-
ilar to § 42-2-113 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
The clear intent of this section is simply to
permit the officer to demand the license of the
driver whose vehicle has been stopped for an
otherwise proper purpose. People v. McPherson,
191 Colo. 81, 550 P.2d 311 (1976).
This section requires an operator of a mo-
tor vehicle to display his operator's license
upon demand by a police officer. Martinez v.
People, 169 Colo. 366, 456 P.2d 275 (1969)
(decided prior to § 13-4-13, C.R.S. 1963, as
amended, 1973).
This section does not confer upon a police
officer unlimited discretionary authority to
stop any car at any time for any reason as
long as he asked contemporaneously for display
of a driver's license. People v. McPherson, 191
Colo. 81, 550 P.2d 311 (1976).
A construction of this section which would
give to police officers carte blanche authority in
stopping cars would be inconsistent with section
16-3-103, which specifically limits an officer's
authority to stop persons for investigation in the
absence of probable cause to arrest. People v.
McPherson, 191 Colo. 81, 550 P.2d 311 (1976).
When demand to present license proper.
The demand for defendant to present his license
was proper only if the officers properly stopped
him in the first place. People v. McPherson, 191
Colo. 81, 550 P.2d 311 (1976).
There is no requirement that an individual
must produce a driver's license when such
individual is not the driver of a vehicle.
Enright v. Groves, 39 Colo. App. 39, 560 P.2d
851 (1977).
Applied in People v. Pinyan, 190 Colo. 304,
546 P.2d 488 (1976); People v. Clements, 665
P.2d 624 (Colo. 1983).
42-2-116. Restricted license. (1) The department, upon issuing a driver's or minor
driver's license or an instruction permit, has authority, whenever good cause appears, to
impose restrictions, limitations, or conditions which are suitable to the licensee's driving
ability with respect to the type of special mechanical control device required on a motor
vehicle which tie licensee may operate or which limit the right of the licensee to drive a
motor vehicle except when such licensee is required to drive to and from the licensee's
place of employment or to perform duties within the course of employment or to impose
such other restrictions applicable to the licensee as the department may determine to be
appropriate to assure the safe operation of a motor vehicle by the licensee.
(2) The department either may issue a special restricted license or must set forth such
restrictions, limitations, or conditions upon the usual license form issued to the applicant.
(3) The department, upon receiving satisfactory evidence of any violation of the
restrictions, limitations, or conditions of such license, may cancel or suspend such restricted
license, but the licensee shall be entitled to a hearing as upon a suspension or revocation
under this article.
(4) No person shall operate a motor vehicle upon a highway or elsewhere within this
state in any manner in violation of the restrictions, limitations, or conditions imposed in a
special restricted license, in a driver's or minor driver's license, or in an instruction permit
issued to such person by the department or by another state or country.
(5) The department is authorized after examination to issue a restricted license to a
person with a mental illness or a developmental disability, containing such restrictions as
may be imposed upon said person by a court pursuant to part 3 or part 4 of article 14 of title
15, C.R.S., or section 27-65-109 (4) or 27-65-127, C.R.S.
(6) (a) A person who violates any provision of this section commits a class A traffic
infraction.
(b) (Deleted by amendment, L. 2012.)
(7) and (8) Repealed.
Title 42 - page 59 Drivers' Licenses 42-2-1 17
Source: L. 94: Entire title amended with relocations, p. 2124, § 1, effective January 1,
1995. L. 96: (6) amended, p. 1357, § 3, effective July 1. L. 2000: (6) amended and (7) and
(8) added, p. 1078, § 8, effective July 1; (1) and (4) amended, p. 1351, § 21, effective July
1, 2001. L. 2006: (5) amended, p. 1409, § 79, effective August 7; (6)(b) and (8) amended,
p. 1368, § 4, effective January 1, 2007. L. 2010: (5) amended, (SB 10-175), ch. 188, p.
807, § 84, effective April 29. L. 2012: (6) amended and (7) and (8) repealed, (HB
12-1168), ch. 278, p. 1482, § 2, effective August 8.
Editor's note: This section is similar to former § 42-2-114 as it existed prior to 1994, and the
former § 42-2-116 was relocated to § 42-2-118.
Cross references: For the penalty for a class A traffic infraction and a class 1 traffic misdemeanor,
see § 42-4-1701 (3).
ANNOTATION
Annotator's note. Since § 42-2-116 is sim- general assembly has occasionally treated it as a
ilar to § 42-2-1 14 as it existed prior to the 1994 class apart from other motor vehicles. This sec-
amending of title 42 as enacted by SB 94-1, tion requires a special licensing for the operators
relevant cases construing that provision have of motorcycles. Love v. Bell, 171 Colo. 27, 465
been included with the annotations to this sec- P.2d 118 (1970) (decided prior to § 13-4-14,
tion. C.R.S. 1963, as amended, 1973).
Motorcycle requires special licensing. Al- Applied in Tomasi v. Thompson, 635 P.2d
though a motorcycle is a motor vehicle, the 538 (Colo. 1981).
42-2-117. Duplicate permits and minor licenses - replacement licenses. (1) If an
instruction permit or a minor driver's license issued under this article is lost, stolen, or
destroyed, the person to whom the same was issued, upon request and the payment of a fee
of six dollars and ninety cents for the first duplicate and thirteen dollars and forty cents for
any subsequent duplicate to the department, may obtain a duplicate or substitute upon
furnishing satisfactory proof to the department that the permit or minor license had been
lost, stolen, or destroyed and that the applicant is qualified to have a permit or license. The
department shall transfer either fee to the state treasurer, who shall credit five dollars to the
highway users tax fund and one dollar and ninety cents to the licensing services cash fund
created in section 42-2-114.5; except that, for fiscal years 2012-13 through 2014-15, the
state treasurer shall credit the fee to the licensing services cash fund created in section
42-2-114.5. The fee for a subsequent duplicate license is transferred to the state treasurer,
who shall credit ten dollars to the highway users tax fund and three dollars and forty cents
to the licensing services cash fund; except that, for fiscal years 2012-13 through 2014-15,
the state treasurer shall credit the fee to the licensing services cash fund.
(1.5) Upon furnishing satisfactory proof to the department that a driver' s license issued
under the provisions of this article has been lost, stolen, or destroyed, the person to whom
the same was issued shall apply for renewal of the license pursuant to section 42-2-1 18. The
new driver's license shall expire as provided in section 42-2-114.
(2) Notwithstanding the amount specified for the fee in this section, the executive
director of the department by rule or as otherwise provided by law may reduce the amount
of the fee if necessary pursuant to section 24-75-4(fe (3), C.R.S., to reduce the uncommitted
reserves of the fund to which all or any portion of the fee is credited. After the uncommitted
reserves of the fund are sufficiently reduced, the executive director of the department by
rule or as otherwise provided by law may increase the amount of the fee as provided in
section 24-75-402 (4), C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2125, § 1, effective January 1,
1995. L. 98: Entire section amended, p. 1351, § 95, effective June 1. L. 2000: (1)
amended and (1.5) added, p. 1346, § 7, effective July 1, 2001. L. 2005: (1.5) amended, p.
644, § 9, effective May 27. L. 2007: (1) amended, p. 1572, § 4, effective July 1. L. 2009:
(1) amended, (SB 09-274), ch. 210, p. 953, § 4, effective May 1. L. 2010: (1) amended,
(HB 10-1387), ch. 205, p. 888, § 5, effective May 5. L. 2012: (1) amended, (HB 12-1216),
ch. 80, p. 265, § 4, effective July 1.
42-2- 1 1 8 Vehicles and Traffic Title 42 - page 60
Editor's note: This section is similar to former § 42-2-115 as it existed prior to 1994, and the
former § 42-2-117 was relocated to § 42-2-119.
42-2-118. Renewal of license in person or by mail • donations to Emily Maureen
Ellen Keyes organ and tissue donation awareness fund - repeal. (1) (a) (I) Every
license issued under section 42-2-114 shall be renewable prior to its expiration, upon
application in person, by mail as provided in subsection (1.3) of this section, or by
electronic means as provided in subsection (1 .5) of this section, payment of the required fee,
passing of an eye test, passing of such other examinations as the applicant's physical
limitations or driver's record indicates to be desirable, and payment of any penalty
assessment, fine, cost, or forfeiture as prescribed by subsection (3) of this section. If a
person renews his or her license pursuant to this subparagraph (I) by electronic means, the
person shall attest under penalty of perjury that he or she has had an eye examination by any
optometrist or an ophthalmologist within three years before the date of application.
(II) (A) An applicant may make a donation of one dollar or more to the Emily Maureen
Ellen Keyes organ and tissue donation awareness fund, created in section 42-2-107 (4) (b)
(II), to promote the donation of organs and tissues under the provisions of the "Revised
Uniform Anatomical Gift Act", part 1 of article 34 of title 12, C.R.S. The department shall
collect such donations and transmit them to the state treasurer, who shall credit the same to
the Emily Maureen Ellen Keyes organ and tissue donation awareness fund. The donation
prescribed in this sub-subparagraph (A) is voluntary and may be refused by the applicant.
The department shall make available informational booklets or other informational sources
on the importance of organ and tissue donations to applicants as designed and approved by
the advisory body created under section 42-2-107 (4) (b) (HI) (A). The department shall
inquire of each applicant at the time the completed application is presented whether the
applicant is interested in making a donation of one dollar or more and shall also specifically
inform the applicant of the option for organ and tissue donations by having a "Y" placed
in the donor field on the front of the document. The department shall also advise each
applicant volunteering to become an organ and tissue donor that the applicant's name shall
be transmitted to the organ and tissue donor registry authorized in section 12-34-120,
C.R.S., and that the applicant shall notify the federally designated organ procurement
organization of any changes to the applicant's donation.
(B) This subparagraph (II) is repealed, effective July 1, 2018.
(b) (I) Any license referred to in section 42-2-114 which at the time of its expiration
is held by a resident of this state who is temporarily outside of this state or is prevented by
disability from complying with paragraph (a) of this subsection (1) may be extended for a
period of one year if the licensee applies to the department for an extension of the expiration
date prior to the date the license expires and pays a fee of three dollars. This extension will
become null and void ninety days after the licensee renews his or her residency in the state
or otherwise becomes able to comply with the provisions of paragraph (a) of this subsection
(1). No more than one extension shall be granted under the provisions of this paragraph (b);
except that, when a resident of this state is temporarily residing in a foreign country, no
more than two extensions shall be granted.
(II) A surcharge of one dollar shall be added to any extension sought for a license for
which a motorcycle endorsement is requested which shall be credited to the motorcycle
operator safety training fund created in section 43-5-504, C.R.S.
(1.3) (a) The department may, in its discretion, allow renewal of a driver's license
issued under section 42-2-114 by mail subject to the following requirements:
(I) Renewal by mail shall be available only to drivers twenty-one years of age or older;
(II) Renewal by mail shall only be available every other driver's license renewal period
as provided in section 42-2-114 (2) (a) and (3);
(IE) A person who is less than sixty-six years of age renewing by mail shall attest under
penalty of law that he or she has had an eye examination by an optometrist or ophthal-
mologist within three years before the renewal. A person who is sixty-six years of age or
older renewing by mail shall obtain, on a form as required by the department, a signed
statement from an optometrist or ophthalmologist attesting that he or she has had an eye
Title 42 - page 61 Drivers* Licenses 42-2-118
examination within the last six months and attesting to the results of the applicant's eye
examination; and
(IV) A person renewing by mail who requires vision correction shall attest under
penalty of law to his or her prescription for vision correction.
(b) Every applicant for renewal of a driver's license by mail shall submit the following
to the department:
(I) Payment of the required fee;
(II) Repealed.
(III) Payment of any penalty assessment, fine, cost, or forfeiture as prescribed by
subsection (3) of this section.
(c) The department may promulgate rules necessary for the implementation of this
subsection (1.3).
(1.5) (a) The department may, in its discretion, allow renewal of a driver's license
issued under section 42-2-114 by electronic means subject to the following requirements:
(I) Electronic renewal shall be available only to drivers twenty-one years of age or
older and less than sixty-six years of age;
(II) Electronic renewal shall be available only every other driver's license renewal
period as provided in section 42-2-114 (2) (a) and (3);
(HI) A person renewing electronically shall attest under penalty of law that he or she
has had an eye examination by an optometrist or ophthalmologist within three years before
the renewal; and
(IV) A person renewing electronically who requires vision correction shall attest under
penalty of law to his or her prescription for vision correction.
(b) Pursuant to sections 24-19.5-103 (3) and 29-11.5-103 (3), C.R.S., the department
shall not allow any third-party charges that may be assessed to complete the electronic
transaction to reduce the amount of revenue that would otherwise be required to be
distributed to the highway users tax fund or the licensing services cash fund.
(c) Every applicant for renewal of a driver's license by electronic means shall submit
the following to the department:
(I) Payment of the required fee; and
(II) Payment of any penalty assessment, fine, cost, or forfeiture as prescribed by
subsection (3) of this section.
(d) To implement electronic renewal of a driver's license pursuant to this section, the
department shall:
(I) Submit to the office of information technology created in the office of the governor
for review and approval the department's plan for the renewal of a driver's license by
electronic means;
(II) Develop and implement electronic renewal of a driver's license in a manner that is
consistent with the nation's policy on national security and in conformance with federal and
state law for homeland security;
(HI) Develop and implement an information security program and utilize a layered
security approach, which shall consist of the following:
(A) A business impact analysis that assesses the criticality of services;
(B) A risk or security assessment that identifies vulnerabilities of the system;
(C) A risk management process;
(D) A contingency plan for disaster recovery of information and services and business
continuity;
(E) Procedures that identify security safeguards for asset protection;
(F) A secure architectural design;
(G) Security awareness and training programs; and
(H) Monitoring and audit systems for back-end reviews to evaluate efficiency and
efficacy;
(IV) Develop security policies that address, at a minimum, the following:
(A) System protection from viruses and system virus detection;
(B) Firewall security;
(C) Logging capability;
(D) Server security;
42-2-118 Vehicles and Traffic Title 42 - page 62
(E) Intrusion detection;
(F) Encryption;
(G) Physical security; and
(H) Secure remote access communication, if applicable; and
(V) Develop a migration plan that sets out the department's goals and objectives and
establishes priorities and the department's time line for achieving such requirements.
(e) Failure to comply with the requirements of paragraph (d) of this subsection (1.5)
may result in the department being removed from or denied access to the state network or
mainframe computer until all of the provisions of paragraph (d) of this subsection (1.5) are
demonstrated by the department.
(f) Repealed.
(g) The department may promulgate any necessary rules for the implementation of this
subsection (1.5).
(2) Every license referred to in this section which is at the time of its expiration, as
provided in subsection (1) of this section, held by a member of the armed forces of the
United States, then serving on active duty outside of this state, shall not expire as provided
in subsection (1) of this section, but such expiration date shall be extended for a period of
three years or until ninety days after such licensee returns to this state, whichever occurs
first.
(3) (a) (I) Prior to the renewal of a permanent driver's license or the issuance or
renewal of a probationary license, the department shall determine if the applicant has any
outstanding judgments or warrants entered or issued against the applicant or if the applicant
has issued a check or order to the department for the payment of a penalty assessment and
such check or order was returned for insufficient funds or a closed account and remains
unpaid as set forth in section 42-4-1709 (7).
(II) For the purposes of this subsection (3), "outstanding judgments or warrants" does
not include any judgment or warrant reported to the department in violation of the
provisions of section 42-4-110.5 (2) (c).
(b) (I) If there are no outstanding judgments or warrants entered or issued against the
applicant and the applicant has not issued a check or order to the department that was
returned for insufficient funds or a closed account and that remains unpaid as set forth in
section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of
this title are met, the department shall renew the applicant's permanent driver's license.
(II) If there are no outstanding judgments or warrants entered or issued against the
applicant and the defendant has not issued a check or order to the department that was
returned for insufficient funds or a closed account and that remains unpaid as set forth in
section 42-4-1709 (7) and if all other conditions for renewal pursuant to articles 1 to 4 of
this title are met, the department may issue or renew the applicant's probationary license.
(c) If the department determines that the applicant is subject to the requirements of
section 42-4-1709 (7), the permanent driver's license shall not be renewed or the proba-
tionary license may not be issued or renewed until such applicant has complied with said
section. Any person who pays any outstanding judgments, who has any warrants entered,
or who makes payment for a check or order to the department that had been returned for
insufficient funds or a closed account pursuant to section 42-4-1709 (7) shall pay to the
court or to the department a thirty-dollar administrative processing cost for each such
judgment, warrant, check, or order in addition to all other penalties, costs, or forfeitures. If
the court collects an administrative processing fee, the court shall remit fifty percent of the
administrative processing fee to the department of revenue, and the other fifty percent of
that fee is to be retained by the issuing court. If the department collects an administrative
processing fee, the department shall retain the fee.
(d) Beginning January 1, 1986, the executive director shall ascertain whether the
administrative fee established in paragraph (c) of this subsection (3) adequately compen-
sates the department for administration of this subsection (3).
(e) The department of revenue shall coordinate the design and implementation of the
necessary delinquency notification forms, satisfaction forms, and time requirements for
utilization of such forms by the courts.
Title 42 - page 63 Drivers' Licenses 42-2-1 19
(f) There shall be a twenty-day period to appeal any penalty under this section when it
can be shown by the applicant or defendant that sufficient funds were in the financial
institution and the error was that of the financial institution. In this event the department
shall review the documentation and, if it was the fault of the financial institution that the
check or order was returned, no penalty or fee shall be imposed.
(4) Notwithstanding the amount specified for any fee in this section, the executive
director of the department by rule or as otherwise provided by law may reduce the amount
of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of the fees
is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department by rule or as otherwise provided by law may increase
the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 94: (l)(a) amended, p. 694, § 1, effective July 1; entire title amended with
relocations, p. 2125, § 1, effective January 1, 1995. L. 96: (l)(a) amended, p. 1134, § 2,
effective July 1; (3)(a), (3Xb), and (3)(c) amended, p. 1203, § 2, effective July 1. L. 97:
(l)(a)(I) amended and (1.3) added, p. 141, § 2, effective March 28; (3)(a) amended, p.
1669, § 3, effective June 5; (3)(a) to (3)(c) amended and (3)(f) added, p. 1382, § 1,
effective July 1. L. 98: (l)(a)(II) amended, p. 1174, § 10, effective June 1; (4) added, p.
1352, § 96, effective June 1. L. 2000: (l)(a)(II) amended, p. 732, § 11, effective July 1;
(1.3)(b)(II)(B) added by revision, pp. 1342, 1362, §§ 4, 49. L. 2002: (3)(d) amended, p.
869, § 2, effective August 7. L. 2004: (l)(a)(I) and (1.3)(a)(II) amended and (1.5) added,
p. 1268, § 1, effective May 28. L. 2005: (1.3)(a)(I) amended and (1.3)(a)(m) and
(1.3)(aXIV) added, p. 645, § 10, effective May 27. L. 2006: (1.5XdXD amended, p. 1737,
§ 27, effective June 6. L. 2007: (lXa)(II) amended, p. 309, § 2, effective March 30;
(1.5Xd)(I) amended, p. 918, § 20, effective May 17; (l)(a)(IIXA) amended, p. 800, § 11,
effective July 1. L. 2008: (1.3Xa)(I), (1.3)(aXII), (1.3)(aXm), and (1.5)(a) amended, p.
629, § 1, effective August 5; (1 .5)(f) repealed, p. 1915, § 135, effective August 5. I* 2009:
(1.5)(b) amended, (SB 09-274), ch. 210, p. 953, § 5, effective May 1.
Editor's note: (1) This section is similar to former § 42-2-116 as it existed prior to 1994, and the
former § 42-2-118 was relocated to § 42-2-121.
(2) Amendments to subsection (l)(a) by Senate Bill 94-013 were harmonized with Senate Bill
94-001.
(3) Amendments to subsection (3)(a) by Senate Bill 97-36 and House Bill 97-1003 were
harmonized
(4) Subsection (1.3)(b)(II)(B) provided for the repeal of subsection (1.3)(bXII), effective July 1,
2001. (See L. 2000, pp. 1342, 1362.)
(5) Amendments to subsection (l)(aXII)(A) by Senate Bill 07-037 and House Bill 07-1266 were
harmonized
ANNOTATION
Law reviews. For article, "Advocating for amending of title 42 as enacted by SB 94-1, a
Senior Drivers And Their Families", see 34 relevant case construing that provision has been
Colo. Law. 63 (October 2005). included with the annotations to this section.
Ann ota tor' s note. Since § 42-2-118 is sim- Applied in Dept. of Rev. v. A & A Auto
ilar to § 42-2-116 as it existed prior to the 1994 Wrecking, 625 P.2d 1021 (Colo. 1981).
42-2-119. Notices -change of address or name. (1) (a) Whenever any person, after
applying for or receiving a driver's license or identification card, moves from the address
named in such application or in the license or identification card issued to such person or
when the name of the licensee is changed, such person shall, within thirty days, provide
notice to the department of such person's old and new address and the number of any
license or identification card held by such person. Such notice shall be provided to the
department in writing or in electronic form on the department's official web site. A licensee
who changes his or her name shall, within thirty days, apply in person to renew such license
pursuant to section 42-2-118 and in compliance with sections 42-2-107 and 42-2-305.
42-2-119 Vehicles and Traffic Title 42 - page 64
(b) Repealed. / (Deleted by amendment, L. 2005, p. 645, §11, effective May 27, 2005.)
(2) All notices and orders required to be given to any licensee or registered owner under
the provisions of the motor vehicle laws shall be in writing; and, if mailed, postpaid by
first-class mail, to him or her at the last-known address shown by the records kept by the
department pursuant to this article. Such mailing shall be sufficient notice in accord with the
motor vehicle laws. Any notice or order of the department mailed first-class under the
provisions of this title creates a presumption for administrative purposes that such notice or
order was received if the department maintains a copy of the notice or order and maintains
a certification that the notice or order was deposited in the United States mail by an
employee of the department. Evidence of a copy of the notice mailed to the last-known
address of the licensee as shown by the records kept by the department pursuant to this
article and a certification of mailing by a department employee, or evidence of delivery of
notice in person to the last-known address of the licensee as shown by the records kept by
the department pursuant to this article, or evidence of personal service upon the licensee or
upon any attorney appearing on the licensee's behalf of the order of denial, cancellation,
suspension, or revocation of the license by the executive director of the department, or by
the executive director's duly authorized representative, is prima facie proof mat the licensee
received personal notice of said denial, cancellation, suspension, or revocation.
(2.5) For purposes of subsection (2) of this section, "last-known address" means:
(a) For notifications regarding motor vehicles, the most recent address provided on a
vehicle registration or vehicle registration address change notification provided pursuant to
section 42-3-113;
(b) For notifications regarding driving privileges, driver's licenses, or identification
cards when there is a driver's license or identification card on file with the department, the
most recent of either:
(J) The mailing address provided by an applicant for a driver's license or identification
card;
(II) The mailing address stated on an address change notification provided to the
department pursuant to subsection (1) of this section; or
(IE) The corrected address as reported by an address correction service licensed by the
United States postal service;
(c) For notifications regarding driving privileges or identification cards when there is no
driver's license or identification card on file with the department, the most recent address
shown on any other record on file with the department pursuant to this article and as may
be corrected by an address correction service licensed by the United States postal service.
(3) Any person who violates subsection (1) of this section commits a class B traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2126, § 1, effective January 1,
1995. L. 98: (1) amended, p. 1102, § 23, effective June 1. L. 99: (l)(b) amended, p. 996,
§ 2, effective May 29. L. 2000: (2) amended, p. 1640, § 24, effective June 1. L. 2005: (1)
and (2) amended, p. 645, § 11, effective May 27; (l)(b) repealed, p. 1172, § 6, effective
August 8. L. 2010: (l)(a) amended and (2.5) added, (HB 10-1045), ch. 317, p. 1479, § 3,
effective July 1, 2011.
Editor's note: (1) This section is similar to former § 42-2-117 as it existed prior to 1994, and the
former § 42-2-119 was relocated to § 42-2-122.
(2) Amendments to subsection (l)(b) by Senate Bill 05-047 and House Bill 05-1107 were
harmonized
ANNOTATION
Annotator's note. Since § 42-2-119 is sim- been included with the annotations to this sec-
ilar to § 42-2-1 17 as it existed prior to the 1994 tion.
amending of title 42 as enacted by SB 94-1, Constitutionality. The notification provisions
relevant cases construing that provision have of Colorado's traffic code are no more burden-
Title 42 -page 65
Drivers* Licenses
42-2-120
some on nonresidents than residents and do not
treat similarly situated classes of drivers differ-
ently. Accordingly, a nonresident driver is not
denied equal protection of the laws by these
provisions. Klingbeil v. State, Dept. of Rev., 668
P.2d 930 (Colo. 1983).
The methods used to notify purported nonres-
ident traffic offenders are not so unconstitution-
ally deficient as to violate due process rights.
Klingbeil v. State, Dept. of Rev., 668 P.2d 930
(Colo. 1983).
Conviction under this section does not con-
stitute an "offense committed while operating a
motor vehicle" for purposes of § 42-2-130.
Lathe v. State, 691 P.2d 356 (Colo. App. 1984).
There is no requirement that the order of
be sent to the licensed driver or be
received by him. People v. Neal, 191 Colo. 302,
552 P.2d 508 (1976).
Term "registered mail" includes certified
mail. There is nothing in context of subsection
(2) which requires that the term registered mail
not be construed to include certified mail. Tobias
v. State, 41 Colo. App. 444, 586 P.2d 669
(1978).
No evidence of actual notice required when
notice is not of final action. Notice by certified
mail of plaintiff's driver's license revocation
hearing under the former version of the implied
consent law is sufficient under this statute. Ault
v. Dept. of Rev., 697 P.2d 24 (Colo. 1985).
Applied in People v. Lessar, 629 P.2d 577
(Colo. 1981); People v. Lesh, 668 P.2d 1362
(Colo. 1983).
42-2-120. Methods of service. (1) Any notice or order required to be served under
the provisions of the motor vehicle laws may be served in any manner reasonably designed
to notify the person to be served of the material provisions of such notice or order. A person
has been served with a notice or order when such person has knowledge of the material
provisions of such notice or order, regardless of the manner in which such knowledge was
acquired. Any irregularity in the form or manner of service or documentation of the proof
of service or the means by which knowledge of the material provisions of a notice or order
is acquired shall not affect the validity of such notice or order.
(2) For purposes of notices or orders relating to driving restraints only, "material
provisions" means those provisions which identify the affected person, and those provisions
which state that a restraint against the person's license or privilege to drive in this state has
been, or will be, entered on the records of the department, or those provisions which advise
the person that he or she has a right to request a hearing regarding the imposition of a
restraint against such person's license or privilege to drive.
(3) The department shall develop proof of service forms which may be used to
document proof of service under this subsection (3). Such forms shall include but need not
be limited to the following:
(a) The name and date of birth of the person served;
(b) The date and time of service;
(c) The identification number of the notice or order served, if any, or, in the event the
notice or order is not available, a description of the information relayed to the person
served;
(d) The name, title, signature, and employing agency of the person making service;
(e) The signature of the person served; and
(f) The right index fingerprint of the person served.
(4) In addition to service by mail or any other means, service of notices or orders may
be personally made by any employee of the department, any peace officer, any municipal,
county, or state prosecutor, or any municipal, county or district court judge, magistrate, or
judicial officer. If service is personally made under this subsection (4), proof of such service
of any notice or order may be made by sending a written notification of service in any form
to the department. Such notification shall be an official record of the department under
section 42-2-121 . It shall not be necessary that the written notification is on a form supplied
by the department, but the department may refuse to accept as an official record a written
notification which does not provide substantially the same information as specified in
subsection (3) of this section.
(5) Peace officers and employees of the department shall serve notices and orders
relating to driving restraints upon the affected person anytime the affected person is
contacted by a peace officer or employee of the department, when such peace officer or
employee believes that the affected person may not have been previously personally served
with any notice or order affecting such person's license or privilege to drive a motor vehicle
in this state.
42-2-121 Vehicles and Traffic Title 42 - page 66
Source: L. 94: Entire title amended with relocations, p. 2127, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-117.5 as it existed prior to 1994, and the
former § 42-2-120 was relocated to § 42-2-123.
42-2-121. Records to be kept by department - admission of records in court
(1) The department shall file every completed application for a license received by it and
shall maintain suitable indexes containing in alphabetical order:
(a) All applications denied and on each thereof note the reasons for such denial;
(b) All applications granted; and
(c) The name of every licensee whose license has been suspended or revoked by the
department and after each such name note the reasons for such action in each case.
(2) (a) The department shall also file all accident reports, abstracts of court records of
convictions received by it under the laws of this state, departmental actions, suspensions,
restrictions, revocations, denials, cancellations, reinstatements, and other permanent records
and, in connection therewith, maintain a driver' s history by making suitable notations in
order that an individual record of each licensee showing the convictions of such licensee,
the departmental actions, and the traffic accidents in which the licensee has been involved,
except those accidents not resulting in a conviction and those traffic violations which occur
outside of the boundaries of this state, shall be readily ascertainable and available for the
consideration of the department upon any application for renewal of license and at other
suitable times.
(b) The department shall also keep a separate file of all abstracts of court records of
dismissals of DUI, DUI per se, DWAI, habitual user, and UDD charges and all abstracts of
records in cases where the original charges were for DUI, DUI per se, DWAI, habitual user,
and UDD and the convictions were for nonalcohol- or nondrug-related traffic offenses. This
file shall be made available only to criminal justice agencies, as defined in section
24-72-302 (3), C.R.S.
(c) (I) The following records and documents filed with, maintained by, or prepared by
the department are official records and documents of the state of Colorado:
(A) Accident reports;
(B) Abstracts of court records of convictions received by the department under the laws
of the state of Colorado;
(C) Records of and documents relating to departmental actions pertaining to the driving
privileges of any person concerning licensing, restrictions, probationary conditions, sus-
pensions, revocations, denials, cancellations, or reinstatements of such driving privileges;
(D) Records of and documents relating to the status of any person's privilege to drive
a vehicle in the state of Colorado on a specific date or dates;
(E) Drivers' histories;
(F) Records of and documents relating to the identification of persons, including, but
not limited to, photographs, fingerprints, handwriting, physical features, physical charac-
teristics, dates of birth, and addresses;
(G) Records of and documents relating to the ownership, registration, transfer, and
licensing of vehicles;
(H) All other records and documents required by law or rule and regulation to be kept
by the department;
(I) Written summaries and data compilations, if prepared by the department from
records and documents filed with, maintained by, or prepared by the department, as defined
in sub-subparagraphs (A) to (H) of this subparagraph (I);
(J) Written guidelines, procedures, policies, and rules and regulations of the depart-
ment.
(II) In any trial or hearing, all official records and documents of the state of Colorado,
as defined in subparagraph (I) of this paragraph (c), shall be admissible in all municipal,
county, and district courts within the state of Colorado without further foundation, shall be
statutory exceptions to rule 802 of the Colorado rules of evidence, and shall constitute prima
facie proof of the information contained therein, if such record or document is accompanied
Title 42 - page 67 Drivers' Licenses 42-2-121
by a certificate stating that the executive director of the department or the executive
director's appointee has custody of such record or document and is accompanied by and
attached to a cover page which:
(A) Specifies the number of pages, exclusive of such cover page, which constitutes the
record or document being submitted; and
(B) Bears the signature of the executive director of the department or the executive
director's appointee attesting to the genuineness of such record or document; and
(C) Bears the official seal of the department or a stamped or printed facsimile of such
(ID) For purposes of subparagraph (II) of this paragraph (c), "official records and
documents" shall include any mechanically or electronically reproduced copy, photograph,
or printout of any record or document or any portion of any record or document filed with,
maintained by, or prepared by the department pursuant to this paragraph (c). The department
may also permit the electronic transmission of information for direct recording in the
department's records and systems. Information transmitted by an electronic means that is
approved by the department constitutes an official record for the purposes of this section
whether or not an original source document for such information exists or ever existed.
(m.5) The certificate and cover page and its contents required by subparagraph (II) of
this paragraph (c) may be electronically produced and transmitted. An electronic reproduc-
tion of the certificate and cover page, including an electronic signature of the executive
director of the department or of the executive director's appointee and an electronic
reproduction of the official seal of the department, shall be admissible in court as provided
in subparagraph (II) of this paragraph (c).
(IV) For purposes of subparagraph (II) of this paragraph (c), a record or document shall
not be required to include every page of a record or document filed with, maintained by, or
prepared by the department pursuant to this paragraph (c) to be an official record or
document, if such official record or document includes all of those portions of such record
or document relevant to the trial or hearing for which it is prepared. There shall be a
presumption that such official record or document contains all that is relevant to such trial
or hearing.
(d) Notwithstanding the provisions of paragraph (a) of this subsection (2), the depart-
ment shall not maintain records of convictions of traffic offenses defined in this title for
which no points are assessed pursuant to section 42-2-127 (5) other than convictions
pursuant to sections 42-2-134, 42-2-138, 42-2-206, and 42-7-422.
(e) Records or documents filed with, maintained by, or prepared by another state that
are equivalent to the records maintained in Colorado under paragraph (a) of this subsection
(2) shall be admissible in a trial or hearing in accordance with this section.
(3) The department seal required under subsection (2) of this section and under section
42-1-205 may also consist of a rubber stamp producing a facsimile of the seal stamped upon
the document.
(4) (a) The department shall place a confidentiality notice on any driver's license
application form under section 42-2-107, driver's license renewal application under section
42-2-118, duplicate driver's license application under section 42-2-117, commercial driv-
er's license application under section 42-2-404, identification card application form under
section 42-2-302, motor vehicle title application form under section 42-6-116, or motor
vehicle registration application form under section 42-3-113. The department shall indicate
in such notice that, unless the person waives his or her confidentiality, the information
contained in the person's motor vehicle or driver record shall not be used for any purpose
other than a purpose authorized by law.
(b) The department shall prepare a confidentiality waiver form and shall provide the
form to the designated agents of the department. The department and the designated agents
shall make such form available to any person on request. The department and the designated
agents shall be the sole distributors of such form. The form shall contain instructions for
filing the form with the department.
(I) to (IV) (Deleted by amendment, L. 2000, p. 1341, § 3, effective May 30, 2000.)
(c) Any person executing a waiver under this subsection (4) that information in motor
vehicle or driver records may be used for any purpose shall provide the information
42-2-121 Vehicles and Traffic Tide 42 - page 68
requested by the department in the confidentiality waiver form and file the form directly
with the department. The department shall process such forms and shall notify the
designated agents regarding which motor vehicle and driver records are subject to confi-
dentiality waivers.
(d) A confidentiality waiver expires upon a request by the person to rescind the
confidentiality waiver or upon the renewal of the motor vehicle or driver record; except that
a confidentiality waiver form filed in connection with a motor vehicle registration appli-
cation shall remain in force until the motor vehicle is transferred or the person requests mat
the confidentiality waiver be rescinded.
(5) (a) Upon application by a person, the department shall expunge all records con-
cerning a conviction of a person for UDD with a BAC of at least 0.02 but not more than
0.05 and any records concerning an administrative determination resulting in a revocation
under section 42-2-126 (3) (b) or (3) (e) if:
(1) Such person presents a request for expungement to the department and provides all
information required by the department to process such request;
(II) Such person is over twenty-one years of age and any department action regarding
the offense or administrative determination has been concluded;
(HI) The person has not been convicted for any other DUI, DUI per se, DWAI, habitual
user, or UDD offense that was committed while such person was under twenty-one years of
age and is not subject to any other administrative determination resulting in a revocation
under section 42-2-126 for any other occurrence while such person was under twenty-one
years of age;
(IV) Such person pays the fine and surcharge for such conviction and completes any
other requirements of the court with regard to such conviction, including, but not limited to,
any order to pay restitution to any party;
(V) Such person has never held a commercial driver's license as defined in section
42-2-402; and
(VI) Such person was not operating a commercial motor vehicle as defined in section
42-2-402.
(b) Upon receiving a request for expungement, the department may delay consideration
of the request until sufficient time has elapsed to ensure that the person is not convicted for
any additional offense under section 42-4-1301 committed while the person was under
twenty-one years of age and that there is no additional administrative determination
resulting in a revocation under section 42-2-126 (3) (b) or (3) (e) for actions taken while the
person was under twenty-one years of age.
(6) The department shall electronically transmit the name, address, telephone number,
date of birth, and gender of each individual who has volunteered to donate organs or tissue
upon death on an instructional permit, a minor driver's license, a driver's license, an
identification card, or any other license application received by it to the organ and tissue
donor registry authorized in section 12-34-120, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2128, § 1, effective January 1,
1995. L. 96: (2)(c)(m) amended, p. 637, § 1, effective May 1. L. 97: (5) added, p. 1459,
§ 1, effective July 1; (4) added, p. 1052, § 4, effective September 1. L. 98: IP(5)(a) and
(5)(a)(m) amended, p. 173, § 1, effective April 6. L. 2000: (4) amended, p. 1341, § 3,
effective May 30; (6) added, p. 732, § 12, effective July 1. L. 2001: (4)(a) amended, p.
1283, § 66, effective June 5. L. 2004: (2)(c)(m.5) added, p. 1379, § 5, effective July 1.
L. 2005: (2)(e) added, p. 646, § 12, effective May 27; (4)(a) amended, p. 1173, § 7,
effective August 8. L. 2007: (6) amended, p. 800, § 12, effective July 1. L. 2008: (2)(b),
IP(5)(a), (5)(a)(IH), and (5)(b) amended, p. 244, § 5, effective July 1; IP(5)(a) amended and
(5)(a)(V) and (5)(a)(VI) added, p. 474, § 4, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-118 as it existed prior to 1994, and the
former § 42-2-121 was relocated to § 42-2-124.
(2) Amendments to the introductory portion to subsection (5)(a) by House Bill 08-1121 and
House Bill 08-1166 were harmonized.
Title 42 - page 69
Drivers' Licenses
42-2-121.5
Cross references: For the legislative declaration contained in the 1997 act enacting subsection (4),
see section 1 of chapter 201, Session Laws of Colorado 1997.
ANNOTATION
Law reviews. For article, "Hearsay in Crim-
inal Cases Under the Colorado Rules of Evi-
dence: An Overview*', see 50 U. Colo. L. Rev.
277 (1979).
Annotator's note. Since § 42-2-121 is sim-
ilar to § 42-2-118 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
The language of subsection (2) is manda-
tory. People v. Yount, 174 Colo. 462, 484 P.2d
1203 (1971) (decided under similar provisions
of repealed § 13-4-18, C.R.S. 1963).
Driver's history record prima fade proof
of its contents. A driver's history record, as an
official record under this statute, can be offered
as prima facie proof of its contents, including
convictions, without the necessity of looking
behind the records to the underlying tickets, and
formalities of attestation and certification are not
necessary at hearings conducted by the motor
vehicle division, since the hearing officer can
take official notice of the division's own re-
cords. Gillespie v. Dir. of Dept. of Rev, 41 Colo.
App. 561, 592 P.2d 418 (1978).
Department's driving records presumed
correct The mere absence of any notation on
traffic tickets concerning their disposition does
not overcome the presumption of correctness of
the department's driving records. A driving re-
cord is prima facie proof of its contents, includ-
ing convictions, without the necessity of looking
behind the records to the underlying tickets.
People v. Anadale, 674 P.2d 372 (Colo. 1984).
Alternate methods of proving records.
While this section provides one specific method
to self-authenticate motor vehicle records, it
does not alter the rule that official records may
also be proved by any method authorized by
law. People v. Freeman, 668 P.2d 1371 (Colo.
1983).
Applied in People v. Lessar, 629 P.2d 577
(Colo. 1981).
42-2-121.5. Emergency contact information - web site form - license application -
driver's license database. (1) (a) No later than January 1, 2009, the department shall
create and make available on its official web site an electronic form that allows a person
with a driver's license, minor driver's license, instruction permit, or temporary driver's
license issued pursuant to this part 1 or an identification card issued pursuant to part 3 of
this article to input the names, addresses, and telephone numbers of up to two persons to be
contacted in an emergency pursuant to subsection (3) of this section. The form shall include
a statement that the information may be disclosed only to authorized law enforcement or
public safety personnel for the purpose of notifying the persons listed in an emergency and
a place for the person entering the information to assent to the use of the information for
this purpose.
(b) The department shall add the emergency contact information received from a
person in accordance with paragraph (a) of this subsection (1) to the person's record in the
driver's license database.
(2) (a) On and after January 1, 2009, the department shall include on the application
form for a driver's license, minor driver's license, or instruction permit used pursuant to
section 42-2-107, the driver's license renewal application used pursuant to section 42-2-
118, the duplicate driver's license application used pursuant to section 42-2-117, and the
identification card application form used pursuant to section 42-2-302 a place for the
applicant to specify the names, addresses, and telephone numbers of up to two persons to
be contacted in an emergency pursuant to subsection (3) of this section. The application
shall include a statement that the information will be disclosed only to authorized law
enforcement or public safety personnel for the purpose of notifying the persons fisted in an
emergency and a place for the person providing the information to assent to the use of the
information for this purpose.
(b) The department shall add the emergency contact information specified on an
application in accordance with paragraph (a) of this subsection (2) to the person's record in
the driver's license database.
(3) An officer of a law enforcement or public safety agency who is authorized to access
the driver's license database may obtain a person's emergency contact information from the
database if the person is injured or killed as a result of an accident, criminal act, or other
42-2-122 Vehicles and Traffic Title 42 - page 70
emergency situation. The officer may contact the persons listed in the emergency contact
information and notify them of the emergency situation and the condition and location of
the person who has been injured or killed.
(4) The department shall not disclose the information received in accordance with this
section to any person except as authorized by subsection (3) of this section and section
24-72-204 (7) (d), C.R.S.
Source: L. 2008: Entire section added, p. 1519, § 1, effective May 28.
42-2-122. Department may cancel license - limited license for physical or mental
limitations. (1) The department has the authority to cancel, deny, or deny the reissuance
of any driver* s or minor driver's license upon determining that the licensee was not entitled
to the issuance thereof for any of the following reasons:
(a) Failure to give the required or correct information in an application, or commission
of any fraud in making such application or in submitting any proof allowed under this
section;
(b) Inability to operate a motor vehicle because of physical or mental incompetence;
(c) Permission of an unlawful or fraudulent use or conviction of misuse of license,
titles, permits, or license plates;
(d) That such license would have been subject to denial under the provisions of section
42-2-104;
(e) Failure of the licensee to register in Colorado all vehicles owned by the licensee
under the requirements of section 42-3-103;
(f) The person is not lawfully present in the United States;
(g) The person is not a resident of the state of Colorado;
(h) (I) The person has an outstanding judgment or warrant referred to in section
42-4-1709 (7) issued against such person; except that, as used in this paragraph (h),
"judgment or warrant" shall not include any judgment or warrant reported to the depart-
ment in violation of section 42-4-110.5 (2) (c).
(II) Upon receipt of a judgment or warrant from a court clerk on or after September 1,
2000, the department shall send written notice to the person identified in the court order that
such person is required to provide the department with proof that the judgment or warrant
is no longer outstanding within thirty days after the date such notice is sent or such person's
driver's license shall be canceled or any application for a new license shall be denied. Proof
that the judgment or warrant is no longer outstanding shall be in the form of a certificate
issued by the clerk of the court entering the judgment or issuing the warrant in a form
approved by the executive director.
(HI) If acceptable proof is not received by the department within thirty days after notice
was sent, the department shall cancel the driver's license or deny any application for a
license of the person against whom the judgment was entered or the warrant was issued.
(IV) The general assembly finds that the department currently has record of a large
number of outstanding judgments and warrants and that it does not know whether such
judgments and warrants are still outstanding. All outstanding judgments and warrants that
are in the department's records as of August 31, 2000, shall be deemed void for purposes
of this section effective September 1, 2005.
(i) Failure of the person to complete a level II alcohol and drug education and treatment
program certified by the unit in the department of human services that administers
behavioral health programs and services, including those related to mental health and
substance abuse, pursuant to section 42-4-1301.3, as required by section 42-2-126 (4) (d)
(H) (A) or 42-2-132 (2) (a) (H). The failure shall be documented pursuant to section
42-2-144.
(2) The department has the authority to cancel any driver's or minor driver's license if,
subsequent to the issuance of such license, the department has authentic information that a
condition developed or an act was committed which places such licensee in one of the
categories for which cancellation is authorized.
(2.5) (a) Any person who has had a driver's or minor driver's license or driving
privilege cancelled pursuant to paragraph (b) of subsection (1) of this section who is
Title 42 - page 71 Drivers' Licenses 42-2-123
receiving or has received therapy treatment for physical or mental incompetence or an
evaluation for such incompetence through a rehabilitation provider or licensed physician
certified by the department to provide rehabilitative driving instruction may receive a
limited license with such limitations as the department deems necessary after consultation
with and upon the recommendation of the rehabilitation provider or licensed physician.
(b) (I) Any person licensed pursuant to this subsection (2.5) shall be subject to the
examination requirements set form in section 42-2-111.
(II) Rehabilitation providers and licensed physicians shall be subject to the provisions
governing medical advice in section 42-2-112.
(c) The department shall adopt rules as necessary to carry out this subsection (2.5).
(3) Upon such cancellation, the licensee must surrender the license so cancelled to the
department, and thereafter such licensee shall be entitled to a hearing by the department if
such license is returned and if such request is made within thirty days from the date of such
cancellation; except that a denial or cancellation under paragraph (h) or (i) of subsection (1)
of this section shall be deemed to be final agency action for judicial review purposes under
section 24-4-104, C.R.S. Such hearing, if requested, shall be held no later man thirty days
from the date of such cancellation. Notification of such cancellation shall be given as
provided in section 42-2-119.
(4) (a) Upon the holding of a hearing as provided in subsection (3) of this section or
upon determination by the department, the license shall be returned if the licensee is able
to prove that cancellation should not have been made. When the original cancellation is
sustained by the department, such licensee may apply for and receive a new license
whenever the licensee can show that the reason for the original cancellation no longer
applies. The licensee may also appeal the decision of the department after the hearing to the
district court as provided in section 42-2-135.
(b) A licensee who has proved that cancellation should not have been made shall not be
required to give proof of financial responsibility pursuant to article 7 of this title.
Source: L. 94: Entire title amended with relocations, p. 2130, § 1, effective January 1,
1995. L. 95: (2.5) added and (4) amended, p. 707, § 2, effective May 23. L. 97: (l)(e)
added, p. 1001, § 2, effective August 6. L. 98: (1X0 and (l)(g) added, p. 295, § 2,
effective July 1. L. 2000: (l)(a) and (3) amended and (l)(h) added, p. 804, § 1, effective
August 2; IP(1), (2), and (2.5)(a) amended, p. 1352, § 22, effective July 1, 2001. L. 2001:
(l)(i) added and (3) amended pp. 786, 787, §§ 2, 3, effective June 1. L. 2002: (l)(i)
amended, p. 1921, § 16, effective July 1. L. 2005: (4)(a) amended, p. 646, § 13, effective
May 27. L. 2008: (l)(i) amended, p. 245, § 6, effective July 1. L. 2011: (l)(i) amended,
(HB 11-1303), ch. 264, p. 1178, § 100, effective August 10.
Editor's note: This section is similar to former § 42-2-119 as it existed prior to 1994, and the
former § 42-2-122 was relocated to § 42-2-125.
Cross references: For the legislative declaration contained in the 2001 act enacting subsection
(l)(i) and amending subsection (3), see section 1 of chapter 229, Session Laws of Colorado 2001.
42-2-123. Suspending privileges of nonresidents and reporting convictions.
(1) The privilege of driving a motor vehicle on the highways of this state given to a
nonresident is subject to suspension or revocation by the department in like manner and for
like cause as a driver's license may be suspended or revoked.
(2) The department is further authorized, upon receiving a record of the conviction in
this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle
laws of this state, to forward a certified copy of such record to the motor vehicle
administrator in the state wherein the person so convicted is a resident.
Source: L. 94: Entire title amended with relocations, p. 2131, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-120 as it existed prior to 1994, and the
former § 42-2-123 was relocated to § 42-2-127.
42-2-124 Vehicles and Traffic Title 42 - page 72
ANNOTATION
Annotator's note. Since § 42-2-123 is sim- Applied in Colo. Dept. of Rev. v. Smith, 640
ilar to § 42-2-120 as it existed prior to the 1994 P.2d 1143 (Colo. 1982).
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
42-2-124. When court to report convictions. (1) (a) Except as otherwise provided,
whenever any person is convicted of any offense for which this article makes mandatory the
revocation or suspension of the driver' s or minor driver's license of such person by the
department, the court in which such conviction is had shall require the offender to
immediately surrender such driver's or minor driver's license or any instruction permit to
the court at the time of conviction, and the court shall, not later than ten days after such
conviction, forward the license to the department, together with a record of such conviction
on the form prescribed by the department. Any person who does not immediately surrender
such person's license or permit to the court commits a class 2 misdemeanor traffic offense,
unless such person swears or affirms under oath administered by the court and subject to the
penalties of perjury that the license or permit has been lost, destroyed, or is not in said
person's immediate possession. Any person who swears or affirms that the license or permit
is not in the immediate possession of said person shall surrender said license or permit to
the court within five days of the sworn or affirmed statement, and if not surrendered within
such time, said person commits a class 2 misdemeanor traffic offense.
(b) Whenever the driver's history of any person shows that such driver is required to
maintain financial responsibility for the future and is unable to show to the court that the
driver is maintaining the required financial responsibility for the future, the court shall
require the immediate surrender to it of the driver's, minor driver's, or temporary driver's
license or any instruction permit held by such person, and the court, within forty-eight hours
after receiving the license, shall forward the license to the department with the form
prescribed by the department.
(2) Every court having jurisdiction over offenses committed under this article or any
other law of this state regulating the operation of motor vehicles on highways and every
military authority having jurisdiction over offenses substantially the same as those set forth
in section 42-2-127 (5) which occur on a federal military installation in this state shall
forward to the department a record of the conviction of any person in said court or by said
authority for a violation of any said laws not later than ten days after the day of sentencing
for such conviction and may recommend the suspension or retention of the driver's, minor
driver's, or temporary driver's license or any instruction permit of the person so convicted.
(3) For the purposes of this section, the term "convicted" or "conviction" means a
sentence imposed following a plea of guilty or nolo contendere, a verdict of guilty by the
court or a jury, or an adjudication of a delinquency under title 19, C.R.S. The payment of
a penalty assessment under the provisions of section 42-4-1701 shall also be considered a
conviction if the summons states clearly the points to be assessed for that offense. Whenever
suspension or revocation of a license is authorized or required for conviction of any offense
under state law, a final finding of guilty of a violation of a municipal ordinance governing
a substantially equivalent offense in a city, town, or city and county shall, for purposes of
such suspension or revocation, be deemed and treated as a conviction of the corresponding
offense under state law. A stay of sentence, pending appeal, shall not deprive the department
of the authority to suspend, revoke, or deny a driver's or minor driver's license pending any
final determination of a conviction on appeal.
(4) An expungement of an adjudication of delinquency shall not result in a rescission
of the revocation or suspension of the driving privilege unless said expungement is a result
of a reversal of the adjudication on appeal.
Source: L. 94: Entire title amended with relocations, p. 2131, § 1, effective January 1,
1995. L. 97: (4) amended, p. 1538, § 6, effective July 1. L. 98: (4) amended, p. 1436, § 7,
effective July 1. L. 2000: (1), (2), and (3) amended, p. 1352, § 23, effective July 1, 2001.
Title 42 -page 73
Drivers' Licenses
42-2-124
L. 2002: (l)(a) and (4) amended, p. 1585, § 17, effective July 1. L. 2004: (4) amended,
p. 1131, § 4, effective July 1. L. 2005: (3) and (4) amended, p. 646, § 14, effective May
27.
Editor's note: This section is similar to former § 42-2-121 as it existed prior to 1994, and the
former § 42-2-124 was relocated to § 42-2-132.
Cross references: For collateral attacks of traffic convictions, see §§ 42-4-1702 and 42-4-1708.
ANNOTATION
Law reviews. For article, "Drinking and
Driving: An Update on the 1989 Legislation",
see 18 Colo. Law. 1943 (1989).
Annotator's note. Since § 42-2-124 is sim-
ilar to § 42-2-121 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1 and
to § 13-4-21 as it existed prior to its repeal in
1963, relevant cases construing those provisions
have been included in the annotations to this
section.
Primary purpose of this section and §§ 42-
2-122 and 42-2-123 is to protect the public
safety upon the highways. Heil v. Charnes, 44
Colo. App. 225, 616 P.2d 980 (1980).
This section imposes a duty upon the
courts of the state to forward records of con-
victions for traffic offenses to the division of
motor vehicles. Campbell v. State, 176 Colo.
202, 491 P.2d 1385 (1971).
Due process standard for using penalty as-
sessment as conviction. Through the provisions
of subsection (3), the general assembly has man-
dated a minimum standard of due process which
must be followed before payment of a penalty
assessment may be used as a conviction for
purposes of suspension or revocation of a driv-
er's license pursuant to § 42-2-123 (1) (a).
Stortz v. Colo. Dept. of Rev., 195 Colo. 325, 578
P.2d 229 (1978).
The term "convicted" is specifically defined
by statute as meaning "a sentence imposed fol-
lowing a plea of guilty or nolo contendere or a
verdict of guilty by the court or a jury." Rogers
v. Dept of Rev., 841 P.2d 369 (Colo. App.
1992).
Number of assessed points on summons
deemed minimum standard of due process.
The requirement that the number of points to be
assessed be stated in the summons is a minimum
standard of due process established by the gen-
eral assembly and applies to a municipal sum-
mons when a fine was paid before the municipal
traffic violations bureau. Dunn v. Tice, 43 Colo.
App. 55, 598 P.2d 530 (1979).
Failure of penalty assessment to contain
statement of number of points to be assessed
for a traffic violation in no way invalidates the
penalty assessment, or a guilty plea entered
thereon. Stortz v. Colo. Dept. of Rev., 195 Colo.
325, 578 P.2d 229 (1978).
Inadequate notices. Where there is no state-
ment in the penalty assessment notices advising
defendant that his signature and payment of the
fine constitute a plea of guilty or an acknowl-
edgment of guilt, the notices do not comply with
the mandatory requirements of this section, and
defendant's acceptance of the notices in the
form tendered and his payment of the fines
stated therein may not be considered a convic-
tion for which points may be assessed. Cave v.
Colo. Dept. of Rev., 31 Colo. App. 185, 501 P.2d
479 (1972).
The records of the division of motor ve-
hicles prepared in accordance with the stat-
utory requirements are to be presumed cor-
rect Campbell v. State, 176 Colo. 202, 491 P.2d
1385 (1971).
Court must state points assessable before
guilty plea. A traffic violation conviction is
insufficient for the purpose of assessing points
against the licensee where municipal court sum-
mons fails to state the number of points which
could be assessed upon a plea of guilty. Dunn v.
Tice, 43 Colo. App. 55, 598 P.2d 530 (1979).
When points not assessable. If a traffic vio-
lation does not appear on the summons, and the
offender is not advised by the arresting officer in
reference to the points chargeable for the traffic
violation, points cannot be assessed against him
for that offense. Stortz v.* Colo. Dept. of Rev.,
195 Colo. 325, 578 P.2d 229 (1978).
Factors considered in suspension of motor-
ist's license. The department of revenue did not
err in considering both the municipal court con-
viction and the traffic points resulting therefrom
in determining whether the motorist's license
should be suspended, the length of that suspen-
sion, and whether a probationary license should
be granted. Fuller v. Colo. Dept. of Rev., 43
Colo. App. 404, 610 P.2d 1078 (1979).
Question of the validity of this section was
ripe for determination where court stayed its
surrender of defendant's license pending appeal
after convicting defendant of drug use under
§ 18-18-406. People v. Smith, 944 P.2d 639
(Colo. App. 1997).
Applied in Purcell v. Tomasi, 43 Colo. App.
540, 608 P.2d 844 (1980).
42-2-125 Vehicles and Traffic Title 42 - page 74
42-2-125. Mandatory revocation of license and permit (1) The department shall
immediately revoke the license or permit of any driver or minor driver upon receiving a
record showing that such driver has:
(a) Been convicted of vehicular homicide or vehicular assault as described in sections
18-3-106 and 18-3-205, C.R.S., or of criminally negligent homicide as described in section
18-3-105, C.R.S., while driving a motor vehicle;
(b) Been convicted of driving a motor vehicle while under the influence of a controlled
substance, as defined in section 18-18-102 (5), C.R.S., or while an habitual user of such a
controlled substance;
(b.5) In the case of a driver twenty-one years of age or older, been convicted of an
offense described in section 42-4-1301 (1) (a) or (2) (a). Except as provided in section
42-2-132.5, the period of revocation based upon this paragraph (b.5) shall be nine months.
The provisions of this paragraph (b.5) shall not apply to a person whose driving privilege
was revoked pursuant to section 42-2-126 (3) (a) (I) for a first offense based on the same
driving incident.
(c) Been convicted of any felony in the commission of which a motor vehicle was used;
(d) Been convicted of failing to stop and render aid as required by section 42-4-1601;
(e) Been convicted of perjury in the first or second degree or the making of a false
affidavit or statement under oath to the department under any law relating to the ownership
or operation of a motor vehicle;
(f) Been three times convicted of reckless driving of a motor vehicle for acts committed
within a period of two years;
(g) (I) Been twice convicted of any combination of DUI, DUI per se, DWAI, or
habitual user for acts committed within a period of five years;
(II) In the case of a minor driver, been convicted of DUI, DUI per se, DWAI, or habitual
user committed while such driver was under twenty-one years of age;
(g.5) In the case of a minor driver, been convicted of UDD committed when such driver
was under twenty-one years of age;
(h) Been determined to be mentally incompetent by a court of competent jurisdiction
and for whom a court has entered, pursuant to part 3 or part 4 of article 14 of tide 15, C.R.S.,
or section 27-65-109 (4) or 27-65-127, C.R.S., an order specifically finding that the mental
incompetency is of such a degree that the person is incapable of safely operating a motor
vehicle;
(i) Been convicted of DUI, DUI per se, DWAI, or habitual user and has two previous
convictions of any of such offenses. The license of any driver shall be revoked for an
indefinite period and shall only be reissued upon proof to the department that said driver has
completed a level II alcohol and drug education and treatment program certified by the unit
in the department of human services that administers behavioral health programs and
services, including those related to mental health and substance abuse, pursuant to section
42-4-1301.3 and that said driver has demonstrated knowledge of the laws and driving ability
through the regular motor vehicle testing process. In no event shall such license be reissued
in less than two years.
(j) Been required to file and maintain proof of financial responsibility for the future as
provided by section 42-4-1410 or article 7 of this title and who, at the time of a violation
of any provision of this title, had not filed or was not maintaining such proof;
(k) Repealed.
0) Been found to have knowingly and willfully left the scene of an accident involving
a commercial motor vehicle driven by the person;
(m) (I) Been convicted of violating section 12-47-901 (1) (b) or (1) (c) or 18-13-122
(2), C.R.S., or any counterpart municipal charter or ordinance offense to such sections and
having failed to complete an alcohol evaluation or assessment, an alcohol education
program, or an alcohol treatment program ordered by the court in connection with such
conviction; or
(II) Been convicted of violating section 12-47-901 (1) (b) or (1) (c) or 18-13-122 (2),
C.R.S., or any counterpart municipal charter or ordinance offense to such sections and has
a previous conviction for such offenses;
Title 42 - page 75 Drivers' Licenses 42-2-125
(n) (Deleted by amendment, L. 2009, (HB 09-1266), ch. 347, p. 1816, § 8, effective
August 5, 2009.)
(0) Been:
(1) (Deleted by amendment, L. 2009, (HB 09-1266), ch. 347, p. 1816, § 8, effective
August 5, 2009.)
(II) Convicted of, or has received a deferred judgment for, an offense described in
section 18-4-409 or 18-4-503 (1) (c), C.R.S., or a comparable municipal charter or
ordinance offense.
(HI) (Deleted by amendment, L. 2007, p. 504, § 3, effective July 1, 2007.)
(2) Unless otherwise provided in this section, the period of revocation shall be not less
than one year; except that the period of revocation based on paragraphs (b) and (c) of
subsection (1) of this section involving a commercial motor vehicle transporting hazardous
materials as defined under section 42-2-402 (7) shall result in a revocation period of three
years.
(2.3) (Deleted by amendment, L. 2007, p. 504, § 3, effective July 1, 2007.)
(2.4) After the expiration of the period of revocation pursuant to this section and any
subsequently imposed periods of revocation, any person whose license is revoked under
subparagraph (I) of paragraph (g) or paragraph (i) of subsection (1) of this section shall be
required to have a restricted license pursuant to the provisions of section 42-2-132.5.
(2.5) The period of revocation under paragraph (g.5) of subsection (1) of this section
for a person who is less than twenty-one years of age at the time of the offense and who is
convicted of driving with an alcohol content of at least 0.02 but not more than 0.05 under
section 42-4-1301 (2) (a.5) is as follows:
(a) Except as provided in subsection (2.7) of this section, three months for a first
offense;
(b) Six months for a second offense;
(c) One year for a third or subsequent offense.
(2.7) (a) A person whose license is revoked for a first offense under paragraph (g.5) of
subsection (1) of this section may request that, in lieu of the three-month revocation, the
person's license be revoked for a period of not less than thirty days, to be followed by a
suspension period of such length that the total period of revocation and suspension equals
three months. If the hearing officer approves such request, the hearing officer may grant
such person a probationary license that may be used only for the reasons provided in section
42-2-127 (14) (a).
(b) The hearing to consider a request under paragraph (a) of this subsection (2.7) may
be held at the same time as the hearing held under subsection (4) of this section; except that
a probationary license may not become effective until at least thirty days have elapsed since
the beginning of the revocation period.
(2.8) A person whose license has been revoked pursuant to paragraph (o) of subsection
(1) of this section shall not be eligible for reinstatement of his or her license until the
department receives proof that the person has satisfied any order for restitution entered in
connection with the conviction.
(3) Upon revoking the license of any person as required by this section, the department
shall immediately notify the licensee as provided in section 42-2-119 (2). Where a minor
driver's license is revoked under paragraph (m) of subsection (1) of this section, such
revocation shall not run concurrently with any previous or subsequent suspension, revoca-
tion, cancellation, or denial that is provided for by law.
(4) Upon receipt of the notice of revocation, the licensee or the licensee's attorney may
request a hearing in writing, if the licensee has returned said license to the department in
accordance with the provisions of section 42-2-133. The department, upon notice to the
licensee, shall hold a hearing at the district office of the department closest to the residence
of the licensee; except that, at the discretion of the department, all or part of the hearing may
be conducted in real time, by telephone or other electronic means in accordance with section
42-1-218.5. The department shall hold the hearing not less than thirty days after receiving
such license and request through a hearing commissioner appointed by the executive
director of the department, which hearing shall be conducted in accordance with the
provisions of section 24-4-105, C.R.S. After such hearing, the licensee may appeal the
42-2-125 Vehicles and Traffic Title 42 - page 76
decision of the department to the district court as provided in section 42-2-135. Should a
driver who has had his or her license revoked under this section be subsequently acquitted
of such charge by a court of record, the department shall immediately, in any event not later
than ten days after the receipt of such notice of acquittal, reinstate said license to the driver
affected.
(5) Except where more than one revocation occurs as a result of (he same episode of
driving, license revocations made pursuant to this section shall not run concurrently with
any previous or subsequent revocation or denial in lieu of revocation which is provided for
by law. Any revocation unused pursuant to this section shall not preclude other actions
which the department is required to take pursuant to the provisions of this title, and unless
otherwise provided by law, this subsection (5) shall not prohibit revocations from being
served concurrently with any suspension or denial in lieu of suspension of driving
privileges.
(6) (a) Any person who has a license revoked pursuant to paragraph (m) of subsection
(1) of this section shall be subject to the following revocation periods:
(I) After a first conviction and failure to complete an ordered evaluation, assessment, or
program, three months;
(II) After a second conviction, six months;
(EOT) After any third or subsequent conviction, one year.
(b) (Deleted by amendment, L. 2007, p. 504, § 3, effective July 1, 2007.)
(c) Repealed.
(7) (Deleted by amendment, L. 2009, (HB 09-1266), ch. 347, p. 1816, § 8, effective
August 5, 2009.)
(8) If a suspension or revocation of a license is authorized or required for conviction of
an offense under state law, a final finding of guilt for a violation of a municipal ordinance
governing a substantially equivalent offense in a municipality, county, or another state for
purposes of a suspension or revocation shall be deemed as a conviction of the corresponding
offense under state law. A stay of sentence or a pending appeal shall not deprive the
department of the authority to suspend, revoke, or deny a driver's license or minor driver's
license pending a final determination of a conviction on appeal.
Source: L. 94: Entire title amended with relocations, p. 2133, § 1, effective January 1,
1995. L. 95: (l)(m) amended, p. 314, § 2, effective July 1. L. 96: (l)(j) amended, p. 1207,
§ 1, effective July 1. L. 97: (l)(g) and (l)(i) amended and (l)(g.5), (2.5), and (2.7) added,
p. 1460, §§ 3, 2, effective July 1; (l)(m) amended, p. 305, § 22, effective July 1; (l)(n) and
(7) added and (3) amended, p. 1537, §§ 3, 4, effective July 1. L. 98: BP(2.5) amended, p.
173, § 2, effective April 6; (l)(k), (3), and (6) amended, p. 1434, § 3, effective July 1.
L. 99: (lXn) amended, p. 391, § 2, effective July 1; (2.3) and (2.4) added, p. 1158, § 1,
effective July 1. L. 2000: (l)(g) and (2.4) amended, p. 1075, § 2, effective July 1; IP(1),
(l)(g)(H), (l)(g.5), (l)(k)(H), (3), and (7) amended, p. 1353, § 24, effective July 1, 2001;
(6)(c)(H) added by revision, pp. 1353, 1362, §§ 24, 49. L. 2001: (4) amended, p. 553, § 3,
effective May 23. L. 2002: (l)(i) amended, p. 1921, § 17, effective July 1; (l)(k) repealed,
p. 1585, § 16, effective July 1. L. 2003: (l)(n) amended, p. 1905, § 5, effective July 1;
(l)(o) and (2.8) added, pp. 1845, 1846, §§ 3, 5, effective July 1. L. 2005: IP(l)(o) amended
and (8) added, p. 647, § 15, effective May 27. L. 2007: (l)(d), (l)(o), (2), (2.3), (2.8), (3),
IP(6)(a), (6)(b), and (8) amended, p. 504, § 3, effective July 1. L. 2008: (l)(g), (l)(g.5),
and (l)(i) amended, p. 245, § 7, effective July 1; (l)(b.5) added and (l)(g)(I) and (2)
amended, p. 832, § 2, effective January 1, 2009. L. 2009: (l)(m), (l)(n), (l)(o)(I), (3),
(6)(a), and (7) amended, (HB 09-1266), ch. 347, p. 1816, § 8, effective August 5. L. 2010:
(l)(h) amended, (SB 10-175), ch. 188, p. 807, § 85, effective April 29. L. 2011: (l)(i)
amended, (HB 11-1303), ch. 264, p. 1179, § 101, effective August 10. L. 2012: (l)(b)
amended, (HB 12-1311), ch. 281, p. 1631, § 88, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-122 as it existed prior to 1994, and
the former § 42-2-125 was relocated to § 42-2-133.
Title 42 - page 77
Drivers' Licenses
42-2-125
(2) Amendments to subsection (l)(g)(H) by Senate Bill 00-018 and Senate Bill 00-011 were
harmonized, effective July 1, 2001. Amendments to subsection (l)(g)(I) by House Bill 08-1166 and
House Bill 08-1194 were harmonized, effective January 1, 2009.
(3) Subsection (6)(c )(II) provided for the repeal of subsection (6)(c), effective July 1 , 2001 . (See
L. 2000, pp. 1353, 1362.)
Cross references: For the legislative declaration contained in the 2008 act enacting subsection
(l)(b.5) and amending subsections (l)(g)(I) and (2), see section 1 of chapter 221, Session Laws of
Colorado 2008.
ANNOTATION
Law reviews. For article, "Highlights of the
1955 Legislative Session — Criminal Law and
Procedure", see 28 Rocky Mt. L. Rev. 69
(1955). For article, "Due Process in Involuntary
Civil Commitment and Incompetency Adjudica-
tion Proceedings: Where Does Colorado
Stand?", see 46 Den. L.J. 516 (1969). For arti-
cle, "The New Colorado Per Se DUI Law", see
12 Colo. Law. 1451 (1983). For article, "Drink-
ing and Driving: An Update on the 1989 Legis-
lation", see 18 Colo. Law. 1943 (1989). For
article, "There Must Be Fifty Ways to Lose
Your (Driver's) License", see 22 Colo. Law.
2385 (1993).
Annotator's note. Since § 42-2-125 is sim-
ilar to 42-2-122 as it existed prior to the amend-
ing of title 42 as enacted by SB 94-1 and to
§ 13-4-22 as it existed prior to its repeal, rele-
vant cases construing those provisions have
been included in the annotations to this section.
There is no denial of equal protection in
imposition of statutory sanctions on habitual
offender. Charnes v. Kiser, 617 P.2d 1201 (Colo.
1980).
The failure of the implied consent statute to
provide for a probationary license does not vi-
olate equal protection of the laws. DeScala v.
Motor Vehicle Div„ 667 R2d 1360 (Colo. 1983).
Disparity in eligibility for probationary li-
cense held constitutional. Although under the
implied consent law a person refusing to submit
to a chemical test is subject to a mandatory
revocation without any opportunity for a proba-
tionary license, while a person actually con-
victed of driving under the influence is subject
to a mandatory revocation but nonetheless may
apply for a probationary license, this disparity in
treatment does not violate equal protection of
the laws. Drake v. Colo. Dept. of Rev., 674 P.2d
359 (Colo. 1984).
Revocation of license no burden on right to
travel interstate. While the right to travel in-
terstate is without question a fundamental right
under the United States constitution, revocation
of a driver's license pursuant to this section does
not burden this fundamental right Heninger v.
Charnes, 200 Colo. 194, 613 P.2d 884 (1980).
Primary purpose of this section and §§ 42-
2-121 and 42-2-123 is to protect the public
safety upon the highways. Heil v. Charnes, 44
Colo. App. 225, 616 P.2d 980 (1980).
The implied consent statute serves the distinct
governmental purpose of facilitating citizen co-
operation in achieving traffic safety by the use of
the administrative sanction of revocation upon a
refusal to submit to a test, while the statutory
authorization for a probationary license is ex-
pressly directed towards the "alcohol and drug
traffic driving education or treatment" of the
convicted traffic offender. DeScala v. Motor Ve-
hicle Div, 667 P.2d 1360 (Colo. 1983).
Laws aimed at drivers under influence of
alcohol. The traffic laws and the revocation
procedures contained in this section and § 42-
2-203 are aimed at all drivers who operate a
motor vehicle while under the influence of al-
cohol or while their ability is impaired, regard-
less of their status as alcoholics or problem
drinkers. Heninger v. Charnes, 200 Colo. 194,
613 P.2d 884 (1980).
Proceeding not barred by one-year delay. A
one-year delay in commencing these adminis-
trative proceedings pursuant to § 42-2-123 does
not ipso facto constitute a bar to the hearing.
Berry v. Colo. Dept. of Rev., 656 P.2d 721
(Colo. App. 1982).
Issuance of driver's license does not confer
upon licensee right that is independently en-
titled to protection against any and all govern-
mental interference or restriction. Heninger v.
Charnes, 200 Colo. 194, 613 P.2d 884 (1980).
Categorization of alcohol-related driving
offenses reasonably related to governmental
interest To the extent that one might consider
as a classification the categorization of alcohol-
related driving offenses in subsections (l)(g)
and (i), and § 42-2-202 (2)(a)(I), such classifi-
cation is reasonably related to the expressed
governmental interest of providing maximum
safety for all persons who travel or otherwise
use the public highway. Heninger v. Charnes,
200 Colo. 194, 613 P.2d 884 (1980) (decided
prior to the 1981 amendment to subsections
(l)(g) and (l)(i)).
Where a driver's license has been revoked,
it continues revoked until a new license has
been granted, and such revocation does not
terminate with the expiration date of the license.
People v. Lopez, 143 Colo. 523, 354 P.2d 491
(1960).
Completion of alcohol education program
was not mitigating factor to be considered in
42-2-126
Vehicles and Traffic
Title 42 - page 78
granting or denial of probationary driver's li-
cense, but rather was prerequisite for applica-
tion, Hoth v. Chames, 736 P.2d 1264 (Colo.
App. 1987).
Former subsection (4) of this section re-
quired the completion of a Level II alcohol
treatment program as a prerequisite to the issu-
ance of a probationary license for a driver twice
convicted of driving under the influence of al-
cohol within a five-year period Smith v. Dept.
of Rev., 793 P.2d 611 (Colo. App. 1990) (de-
cided under law in effect prior to 1990 repeal
and reenactment of subsection (4)).
Probationary license sought pursuant to
former subsection (4) was properly denied
since the original revocation period expired for
driver twice convicted of driving under the in-
fluence of alcohol within five years and driver
was eligible for reinstatement, notwithstanding
the fact the revocation remained in effect until
the driver completed Level II alcohol treatment.
Smith v. Dept. of Rev., 793 P.2d 611 (Colo. App.
1990) (decided under law in effect prior to 1990
repeal and reenactment of subsection (4)).
The application of the 1990 amendments to
deny a probationary license was not unlawful
as being retroactive in operation or in violation
of defendant's vested rights because the revoca-
tion and probationary license issues were not
triggered until defendant's criminal convictions
occurred after the effective date of the 1990
amendments. Rogers v. Dept. of Rev., 841 P.2d
369 (Colo. App. 1992).
Indefinite revocation is a remedial action
designed to assure the general public safety in
the use of its highways and is not cruel and
unusual punishment. Campbell v. State, 176
Colo. 202, 491 P.2d 1385 (1971).
Notice need not give facts warranting re-
vocation to be adequate. The notice received
from the division of motor vehicles is not de-
fective because it does not give adequate notice
of the facts warranting revocation unless the
driver was genuinely surprised. Campbell v.
State, 176 Colo. 202, 491 P.2d 1385 (1971).
The function of the hearing examiner un-
der this statute is purely ministerial. Camp-
bell v. State, 176 Colo. 202, 491 P.2d 1385
(1971).
Revocation proper even though offenses oc-
curred prior to amendment Application of the
mandatory revocation provision of subsection
(l)(g) is not improper even though only one of
the offenses upon which the revocation of the
license is based occurred after the effective date
of the 1981 amendment. Sanchez v. State, Dept.
of Rev., 667 P.2d 779 (Colo. 1983).
Only the triggering offense must occur after
the effective date of the act. Zaragoza v. Dept. of
Rev., 702 P.2d 274 (Colo. 1985); Sommer v.
Dept. of Rev., 714 R2d 901 (Colo. 1986).
There is no due process violation in sus-
pending the driver's license of any person
convicted of any felony drug offense. The
sanction is reasonably related to the governmen-
tal objective of preventing the possession, use,
or sale of controlled substances. People v. Zinn,
843 P.2d 1351 (Colo. 1993).
Revocation of license proper for driver who
was properly requested to take urine test to
detect presence of drugs but refused to provide
requisite sample. Halter v. Dept. of Rev., 857
P.2d 535 (Colo. App. 1993).
Requirement to surrender license to the
court upon conviction under § 18-18-406 is
simply an additional sanction specifically au-
thorized by the general assembly to be imposed.
Since the imposition of that sanction has re-
ceived proper legislative approval, no double
jeopardy problems arise. People v. Smith, 944
P.2d 639 (Colo. App. 1997).
Due process not violated where police report
concerning basis of conclusion that driver was
under the influence of marijuana was admitted
into evidence but officer who prepared report
was not present at revocation hearing since re-
port was available for discovery before hearing
and driver could have called officer to testify.
Halter v. Dept. of Rev., 857 R2d 535 (Colo.
App. 1993).
Court has no subject matter jurisdiction to
review the suspension or revocation of a driv-
er's license when the driver-defendant has
failed to exhaust his administrative remedies
before seeking judicial review. Kriz v. Colo.
Dept. of Rev., 916 P.2d 659 (Colo. App. 1996).
Remedy for driver who has had his driv-
er's license revoked or suspended may be
available pursuant to § 24-4-105 (10) where
the Colorado department of revenue does not
hold an administrative hearing prior to the
expiration of 60 days as the department is
under statutory obligation to hold an adminis-
trative hearing within 60 days under either this
section or § 42-2-126. Kriz v. Colo. Dept. of
Rev., 916 P.2d 659 (Colo. App. 1996).
Applied in People v. Heinz, 195 Colo. 71,
589 P.2d 931 (1979); Fuhrer v. Dept. of Motor
Vehicles, 197 Colo. 325, 592 P.2d 402 (1979);
Reasoner v. Dept. of Rev., 628 P.2d 187 (Colo.
App. 1981); Hedstrom v. Motor Vehicle Div.,
662 P.2d 173 (Colo. 1983).
42-2-126. Revocation of license based on administrative determination. (1) Leg-
islative declaration. The purposes of this section are:
(a) To provide safety for all persons using the highways of this state by quickly
revoking the driver's license of any person who has shown himself or herself to be a safety
Title 42 - page 79 Drivers* Licenses 42-2-126
hazard by driving with an excessive amount of alcohol in his or her body and any person
who has refused to submit to an analysis as required by section 42-4-1301.1;
(b) To guard against the potential for any erroneous deprivation of the driving privilege
by providing an opportunity for a full hearing; and
(c) Following the revocation period, to prevent the relicensing of a person until the
department is satisfied that the person's alcohol problem is under control and that the person
no longer constitutes a safety hazard to other highway users.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) "Excess BAC" means that a person had a BAC level sufficient to subject the person
to a license revocation for excess BAC 0.08, excess BAC underage, excess BAC CDL, or
excess BAC underage CDL.
(b) "Excess BAC 0.08" means that a person drove a vehicle in this state when the
person's BAC was 0.08 or more at the time of driving or within two hours after driving.
(c) "Excess BAC CDL" means that a person drove a commercial motor vehicle in this
state when the person's BAC was 0.04 or more at the time of driving or at any time
thereafter.
(d) "Excess BAC underage" means that a person was under the age of twenty-one
years and the person drove a vehicle in this state when the person's BAC was in excess of
0.02 but less man 0.08 at the time of driving or within two hours after driving.
(e) "Excess BAC underage CDL" means that a person was under the age of twenty-one
years and the person drove a commercial motor vehicle in this state when the person's BAC
was in excess of 0.02 but less than 0.04 at the time of driving or at any time thereafter.
(t) "Hearing officer" means the executive director of the department or an authorized
representative designated by the executive director.
(g) "License" includes driving privilege.
(h) "Refusal" means refusing to take or complete, or to cooperate in the completing of,
a test of the person's blood, breath, saliva, or urine as required by section 18-3-106 (4) or
18-3-205 (4), C.R.S., or section 42-4-1301.1 (2).
(i) "Respondent" means a person who is the subject of a hearing under this section.
(3) Revocation of license, (a) Excess BAC 0.08. (I) The department shall revoke
the license of a person for excess BAC 0.08 for:
(A) Nine months for a first violation committed on or after January 1 , 2009; except that
such a person may apply for a restricted license pursuant to the provisions of section
42-2-132.5;
(B) One year for a second violation; and
(C) Two years for a third or subsequent violation occurring on or after January 1 , 2009,
regardless of when the prior violations occurred; except that such a person may apply for
a restricted license pursuant to the provisions of section 42-2-132.5.
(II) (Deleted by amendment, L. 2008, p. 833, § 3, effective January 1, 2009.)
(b) Excess BAC underage. (I) The department shall revoke the license of a person
for excess BAC underage for three months for a first violation, for six months for a second
violation, and for one year for a third or subsequent violation.
(II) (A) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), a
person whose license is revoked for a first offense under subparagraph (I) of this paragraph
(b) and whose BAC was not more than 0.05 may request that, in lieu of the three-month
revocation, the person's license be revoked for a period of not less than thirty days, to be
followed by a suspension period of such length that the total period of revocation and
suspension equals three months. If the hearing officer approves the request, the hearing
officer may grant the person a probationary license that may be used only for the reasons
provided in section 42-2-127 (14) (a).
(B) The hearing to consider a request under this subparagraph (II) may be held at the
same time as the hearing held under subsection (8) of this section; except that a proba-
tionary license may not become effective until at least thirty days have elapsed since the
beginning of the revocation period.
(c) Refusal. (I) The department shall revoke the license of a person for refusal for
one year for a first violation, two years for a second violation, and three years for a third
or subsequent violation; except that the period of revocation shall be at least three years if
42-2-126 Vehicles and Traffic Title 42 - page 80
the person was driving a commercial motor vehicle that was transporting hazardous
materials as defined in section 42-2-402 (7).
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), such a
person whose license has been revoked for two years for a second violation or for three
years for a third or subsequent violation may apply for a restricted license pursuant to the
provisions of section 42-2-132.5.
(d) Excess BAC CDL. The department shall revoke for the disqualification period
provided in 49 CFR 383.51 the commercial driving privilege of a person who was the
holder of a commercial driver* s license or was driving a commercial motor vehicle for a
violation of excess BAC 0.08, excess BAC CDL, or refusal.
(e) Excess BAC underage CDL. The department shall revoke the commercial driving
privilege of a person for excess BAC underage CDL for three months for a first violation,
six months for a second violation, and one year for a third or subsequent violation.
(4) Multiple restraints and conditions on driving privileges, (a) (I) Except as
otherwise provided in this paragraph (a), a revocation imposed pursuant to this section shall
run consecutively and not concurrently with any other revocation imposed pursuant to this
section.
(II) If a license is revoked for excess BAC and the person is also convicted on criminal
charges arising out of the same occurrence for DUI, DUI per se, DWAI, or UDD, both the
revocation under this section and any suspension, revocation, cancellation, or denial that
results from the conviction shall be imposed, but the periods shall run concurrently, and the
total period of revocation, suspension, cancellation, or denial shall not exceed the longer of
the two periods.
(HI) If a license is revoked for refusal, the revocation shall not run concurrently, in
whole or in part, with any previous or subsequent suspensions, revocations, or denials that
may be provided for by law, including but not limited to any suspension, revocation, or
denial that results from a conviction of criminal charges arising out of the same occurrence
for a violation of section 42-4-1301. Any revocation for refusal shall not preclude other
action that the department is required to take in the administration of this title.
(IV) The revocation of the commercial driving privilege under excess BAC CDL may
run concurrently with another revocation pursuant to this section arising out of the same
incident.
(b) (I) The periods of revocation specified in subsection (3) of this section are intended
to be minimum periods of revocation for the described conduct. A license shall not be
restored under any circumstances, and a probationary license shall not be issued, during the
revocation period.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), a person
whose privilege to drive a commercial motor vehicle has been revoked because of excess
BAC CDL and who was twenty-one years of age or older at the time of the offense may
apply for a driver's license of another class or type as long as there is no other statutory
reason to deny the person a license. The department may not issue the person a probationary
license that would authorize the person to operate a commercial motor vehicle.
(c) Upon the expiration of the period of revocation under this section, if a person's
license is still suspended on other grounds, the person may seek a probationary license as
authorized by section 42-2-127 (14) subject to the requirements of paragraph (d) of this
subsection (4).
(d) (I) Following a license revocation, the department shall not issue a new license or
otherwise restore the driving privilege unless the department is satisfied, after an investi-
gation of the character, habits, and driving ability of the person, that it will be safe to grant
me privilege of driving a motor vehicle on the highways to the person; except that the
department may not require a person to undergo skills or knowledge testing prior to
issuance of a new license or restoration of the person's driving privilege if the person's
license was revoked for a first violation of excess BAC 0.08 or excess BAC underage.
(II) (A) If a person was determined to be driving with excess BAC and the person had
a BAC that was 0.17 or more or if the person's driving record otherwise indicates a
designation as a persistent drunk driver as defined in section 42-1-102 (68.5), the depart-
ment shall require the person to complete a level II alcohol and drug education and
Title 42 - page 81 Drivers' Licenses 42-2-126
treatment program certified by the unit in the department of human services that administers
behavioral health programs and services, including those related to mental health and
substance abuse, pursuant to section 42-4-1301.3 as a condition to restoring driving
privileges to the person and, upon the restoration of driving privileges, shall require the
person to hold a restricted license requiring the use of an ignition interlock device pursuant
to section 42-2-132.5 (1) (b).
(B) If a person seeking reinstatement is required to complete, but has not yet com-
pleted, a level II alcohol and drug education and treatment program, the person shall file
with the department proof of current enrollment in a level II alcohol and drug education and
treatment program certified by the unit in the department of human services that administers
behavioral health programs and services, including those related to mental health and
substance abuse, pursuant to section 42-4-1301.3, on a form approved by the department.
(5) Actions of law enforcement officer, (a) If a law enforcement officer has probable
cause to believe that a person should be subject to license revocation for excess BAC or
refusal, the law enforcement officer shall forward to the department an affidavit containing
information relevant to the legal issues and facts that shall be considered by the department
to determine whether the person's license should be revoked as provided in subsection (3)
of this section. The executive director of the department shall specify to law enforcement
agencies the form of the affidavit to be used under this paragraph (a) and the types of
information needed in the affidavit and may specify any additional documents or copies of
documents needed by the department to make its determination in addition to the affidavit.
The affidavit shall be dated, signed, and sworn to by the law enforcement officer under
penalty of perjury, but need not be notarized or sworn to before any other person.
(b) (I) A law enforcement officer, on behalf of the department, shall personally serve
a notice of revocation on a person who is still available to the law enforcement officer if the
law enforcement officer determines that, based on a refusal or on test results available to the
law enforcement officer, the person's license is subject to revocation for excess BAC or
refusal.
(II) When a law enforcement officer serves a notice of revocation, the law enforcement
officer shall take possession of any driver's license issued by this state or any other state that
the person holds. When the law enforcement officer takes possession of a valid driver's
license issued by this state or any other state, the law enforcement officer, acting on behalf
of the department, shall issue a temporary permit that is valid for seven days after the date
of issuance.
(HI) A copy of the completed notice of revocation form, a copy of any completed
temporary permit form, and any driver's, minor driver's, or temporary driver's license or
any instruction permit taken into possession under this section shall be forwarded to the
department by the law enforcement officer along with an affidavit as described in paragraph
(a) of this subsection (5) and any additional documents or copies of documents as described
in said paragraph (a).
(IV) The department shall provide to law enforcement agencies forms for notice of
revocation and for temporary permits. The law enforcement agencies shall use the forms for
the notice of revocation and for temporary permits and shall follow the form and provide
the information for affidavits as provided by the department pursuant to paragraph (a) of this
subsection (5).
(V) A law enforcement officer shall not issue a temporary permit to a person who is
already driving with a temporary permit issued pursuant to subparagraph (II) of this
paragraph (b).
(6) Initial determination and notice of revocation, (a) Upon receipt of an affidavit
of a law enforcement officer and the relevant documents required by paragraph (a) of
subsection (5) of this section, the department shall determine whether the person's license
should be revoked under subsection (3) of this section. The determination shall be based
upon the information contained in the affidavit and the relevant documents submitted to the
department, and the determination shall be final unless a hearing is requested and held as
provided in subsection (8) of this section. The determination of these facts by the
department is independent of the determination of a court of the same or similar facts in the
42-2-126 Vehicles and Traffic Title 42 - page 82
adjudication of any criminal charges arising out of the same occurrence. The disposition of
the criminal charges shall not affect any revocation under this section.
(b) (I) If the department determines that the person is subject to license revocation, the
department shall issue a notice of revocation if a notice has not already been served upon
the person by the law enforcement officer as provided in paragraph (b) of subsection (5) of
this section. A notice of revocation shall clearly specify the reason and statutory grounds for
the revocation, the effective date of the revocation, the right of the person to request a
hearing, the procedure for requesting a hearing, and the date by which a request for a
hearing must be made.
(II) In sending a notice of revocation, the department shall mail the notice in accor-
dance with the provisions of section 42-2-119 (2) to the person at the last-known address
shown on the department's records, if any, and to any address provided in the law
enforcement officer's affidavit if that address differs from the address of record. The notice
shall be deemed received three days after mailing.
(c) If the department determines that the person is not subject to license revocation, the
department shall notify the person of its determination and shall rescind any order of
revocation served upon the person by the law enforcement officer.
(d) A license revocation shall become effective seven days after the person has received
the notice of revocation as provided in subsection (5) of this section or is deemed to have
received the notice of revocation by mail as provided in paragraph (b) of this subsection (6).
If the department receives a written request for a hearing pursuant to subsection (7) of tins
section within that same seven-day period and the department issues a temporary permit
pursuant to paragraph (d) of subsection (7) of this section, the effective date of the
revocation shall be stayed until a final order is issued following the hearing; except that any
delay in the hearing that is caused or requested by the person or counsel representing the
person shall not result in a stay of the revocation during the period of delay.
(7) Request for hearing, (a) A person who has received a notice of revocation may
make a written request for a review of the department's determination at a hearing. The
request may be made on a form available at each office of the department.
(b) A person must request a hearing in writing within seven days after the day the
person receives the notice of revocation as provided in subsection (5) of this section or is
deemed to have received the notice by mail as provided in paragraph (b) of subsection (6)
of this section. If the department does not receive the written request for a hearing within
the seven-day period, the right to a hearing is waived, and the determination of the
department that is based on the documents and affidavit required by subsection (5) of this
section becomes final.
(c) If a person submits a written request for a hearing after expiration of the seven-day
period and if the request is accompanied by the person's verified statement explaining the
failure to make a timely request for a hearing, the department shall receive and consider the
request. If the department finds that the person was unable to make a timely request due to
lack of actual notice of the revocation or due to factors of physical incapacity such as
hospitalization or incarceration, the department shall waive the period of limitation, reopen
the matter, and grant the hearing request. In such a case, the department shall not grant a
stay of the revocation pending issuance of the final order following the hearing.
(d) At the time a person requests a hearing pursuant to this subsection (7), if it appears
from the record that the person is the holder of a valid driver's or minor driver's license or
of an instruction permit or of a temporary permit issued pursuant to paragraph (b) of
subsection (5) of this section and that the license or permit has been surrendered, the
department shall stay the effective date of the revocation and issue a temporary permit that
shall be valid until the scheduled date for the hearing. If necessary, the department may later
extend the temporary permit or issue an additional temporary permit in order to stay the
effective date of the revocation until the final order is issued following the hearing, as
required by subsection (8) of this section. If the person notifies the department in writing
at the time that the hearing is requested that the person desires the law enforcement officer's
presence at the hearing, the department shall issue a written notice for the law enforcement
officer to appear at the hearing. A law enforcement officer who is required to appear at a
Title 42 - page 83 Drivers' Licenses 42-2-126
hearing may, at the discretion of the hearing officer, appear in real time by telephone or
other electronic means in accordance with section 42-1-218.5.
(e) At the time that a person requests a hearing, the department shall provide to the
person written notice advising the person:
(I) Of the right to subpoena the law enforcement officer for the hearing and that the
subpoena must be served upon the law enforcement officer at least five calendar days prior
to the hearing;
(II) Of the person's right at that time to notify the department in writing that the person
desires the law enforcement officer's presence at the hearing and that, upon receiving the
notification, the department shall issue a written notice for the law enforcement officer to
appear at the hearing;
(HI) That, if the law enforcement officer is not required to appear at the hearing,
documents and an affidavit prepared and submitted by the law enforcement officer will be
used at the hearing; and
(IV) That the affidavit and documents submitted by the law enforcement officer may be
reviewed by the person prior to the hearing.
(f) Any subpoena served upon a law enforcement officer for attendance at a hearing
conducted pursuant to this section shall be served at least five calendar days before the day
of the hearing.
(8) Hearing, (a) (I) The hearing shall be scheduled to be held as quickly as practi-
cable but not more than sixty days after the date the department receives the request for a
hearing; except that, if a hearing is rescheduled because of the unavailability of a law
enforcement officer or the hearing officer in accordance with subparagraph (III) or (IV) of
this paragraph (a), the hearing may be rescheduled more than sixty days after the date the
department receives the request for the hearing, and the department shall continue any
temporary driving privileges held by the person until the date to which the hearing is
rescheduled. At least ten days prior to the scheduled or rescheduled hearing, the department
shall provide in the manner specified in section 42-2-1 19 (2) a written notice of the time and
place of the hearing to the respondent unless the parties agree to waive this requirement.
Notwithstanding the provisions of section 42-2-119, the last-known address of the respon-
dent for purposes of notice for any hearing pursuant to this section shall be the address
stated on the hearing request form.
(II) A law enforcement officer who submits the documents and affidavit required by
subsection (5) of this section need not be present at the hearing unless the hearing officer
requires that the law enforcement officer be present and the hearing officer issues a written
notice for the law enforcement officer's appearance or unless the respondent or the
respondent's attorney determines that the law enforcement officer should be present and
serves a timely subpoena upon the law enforcement officer in accordance with paragraph (f)
of subsection (7) of this section.
(III) If a law enforcement officer, after receiving a notice or subpoena to appear from
either the department or the respondent, is unable to appear at the original or rescheduled
hearing date due to a reasonable conflict, including but not limited to training, vacation, or
personal leave time, the law enforcement officer or the law enforcement officer's supervisor
shall contact the department not less than forty-eight hours prior to the hearing and
reschedule the hearing to a time when the law enforcement officer will be available. If the
law enforcement officer cannot appear at the original or rescheduled hearing because of
medical reasons, a law enforcement emergency, another court or administrative hearing, or
any other legitimate, just cause as determined by the department, and the law enforcement
officer or the law enforcement officer's supervisor gives notice of the law enforcement
officer's inability to appear to the department prior to the dismissal of the revocation
proceeding, the department shall reschedule the hearing following consultation with the law
enforcement officer or the law enforcement officer's supervisor at the earliest possible time
when the law enforcement officer and the hearing officer will be available.
(IV) If a hearing officer cannot appear at an original or rescheduled hearing because of
medical reasons, a law enforcement emergency, another court or administrative hearing, or
any other legitimate, just cause, the hearing officer or the department may reschedule the
42-2-126 Vehicles and Traffic Title 42 - page 84
hearing at the earliest possible time when the law enforcement officer and the hearing officer
will be available.
(b) The hearing shall be held in the district office nearest to where the violation
occurred, unless the parties agree to a different location; except that, at the discretion of the
department, all or part of the hearing may be conducted in real time, by telephone or other
electronic means in accordance with section 42-1-218.5.
(c) The department shall consider all relevant evidence at the hearing, including the
testimony of any law enforcement officer and the reports of any law enforcement officer that
are submitted to the department. The report of a law enforcement officer shall not be
required to be made under oath, but the report shall identify the law enforcement officer
making the report. The department may consider evidence contained in affidavits from
persons other than the respondent, so long as the affidavits include the affiant's home or
work address and phone number and are dated, signed, and sworn to by the affiant under
penalty of perjury. The affidavit need not be notarized or sworn to before any other person.
(d) The hearing officer shall have authority to:
(I) Administer oaths and affirmations;
(II) Compel witnesses to testify or produce books, records, or other evidence;
(HI) Examine witnesses and take testimony;
(IV) Receive and consider any relevant evidence necessary to properly perform the
hearing officer's duties as required by this section;
(V) Take judicial notice as defined by rule 201 of article II of the Colorado rules of
evidence, subject to the provisions of section 24-4-105 (8), C.R.S., which shall include:
(A) Judicial notice of general, technical, or scientific facts within the hearing officer's
knowledge;
(B) Judicial notice of appropriate and reliable scientific and medical information
contained in studies, articles, books, and treatises; and
(C) Judicial notice of charts prepared by the department of public health and environ-
ment pertaining to the maximum BAC levels that people can obtain through the consump-
tion of alcohol when the charts are based upon the maximum absorption levels possible of
determined amounts of alcohol consumed in relationship to the weight and gender of the
person consuming the alcohol;
(VI) Issue subpoenas duces tecum to produce books, documents, records, or other
evidence;
(VII) Issue subpoenas for the attendance of witnesses;
(VIII) Take depositions or cause depositions or interrogatories to be taken;
(DC) Regulate the course and conduct of the hearing; and
(X) Make a final ruling on the issues.
(e) When an analysis of the respondent's BAC is considered at a hearing:
(I) If the respondent establishes, by a preponderance of the evidence, that the respon- .
dent consumed alcohol between the time that the respondent stopped driving and the time
of testing, the preponderance of the evidence must also establish mat the minimum required
BAC was reached as a result of alcohol consumed before the respondent stopped driving;
and
(II) If the evidence offered by the respondent shows a disparity between the results of
the analysis done on behalf of the law enforcement agency and the results of an analysis
done on behalf of the respondent, and a preponderance of the evidence establishes that the
blood analysis conducted on behalf of the law enforcement agency was properly conducted
by a qualified person associated with a laboratory certified by the department of public
health and environment using properly working testing devices, there shall be a presump-
tion favoring the accuracy of the analysis done on behalf of the law enforcement agency if
the analysis showed the BAC to be 0.096 or more. If the respondent offers evidence of
blood analysis, the respondent shall be required to state under oath the number of analyses
done in addition to the one offered as evidence and the names of the laboratories that
performed the analyses and the results of all analyses.
(f) The hearing shall be recorded. The hearing officer shall render a decision in writing,
and the department shall provide a copy of the decision to the respondent.
Title 42 - page 85 Drivers' Licenses 42-2-126
(g) If the respondent fails to appear without just cause, the right to a hearing shall be
waived, and the determination of the department which is based upon the documents and
affidavit required in subsection (5) of this section shall become final.
(9) Appeal, (a) Within thirty days after the department issues its final determination
under this section, a person aggrieved by the determination shall have the right to file a
petition for judicial review in the district court in the county of the person's residence.
(b) Judicial review of the department's determination shall be on the record without
taking additional testimony. If the court finds that the department exceeded its constitutional
or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and
capricious manner, or made a determination that is unsupported by the evidence in the
record, the court may reverse the department's determination.
(c) A filing of a petition for judicial review shall not result in an automatic stay of the
revocation order. The court may grant a stay of the order only upon a motion and hearing
and upon a finding that there is a reasonable probability that the person will prevail upon
the merits.
(10) Notice to vehicle owner. If the department revokes a person' s license pursuant to
paragraph (a), (c), or (d) of subsection (3) of this section, the department shall mail a notice
to the owner of the motor vehicle used in the violation informing the owner that:
(a) The motor vehicle was driven in an alcohol-related driving violation; and
(b) Additional alcohol-related violations involving the motor vehicle by the same driver
may result in a requirement that the owner file proof of financial responsibility under the
provisions of section 42-7-406 (1.5).
(11) Applicability of "State Administrative Procedure Act". The "State Adminis-
trative Procedure Act", article 4 of title 24, C.R.S., shall apply to this section to the extent
it is consistent with subsections (7), (8), and (9) of this section relating to administrative
hearings and judicial review.
Source: L. 94: (9)(b) and (9)(c)(ID amended, p. 2807, § 580, effective July 1 ; entire title
amended with relocations, p. 2135, § 1, effective January 1, 1995. L. 95: (6)(b)(VI) and
(6)(b)(VII) added and (7)(a) amended, p. 1303, §§ 1, 2, effective July 1. L. 96: (7)(a)(I)
amended, p. 272, § 1, effective April 8. L. 97: (2)(a)(I), (2)(a)(m), (3)(b), (5Xa), (6)(cXI),
(7)(a)(D, (9Xc)(I), and (9)(c)(m) amended and (2)(a)(L5), (2)(a)(IV), (6XbXIL5),
(6)(b)(Vm), and (6)(b)(K) added, pp. 1461, 1464 §§ 4, 5, effective July 1; (7)(c) amended,
p. 334, § 1, effective August 6. L. 98: (6)(b)(DC)(A) amended, p. 174, § 3, effective April
6; (2.5) added, p. 1239, § 3, effective July 1. L. 99: (2)(a)(II), (8)(e)(II), (8)(e)(m), and
(8)(e)(V) amended and (8)(e)(E.5) added, p. 90, § 1, effective July 1; (6)(c)(m) added, p.
1158, § 2, effective July 1. L. 2000: (2)(aXL5), (2)(a)(IV), (5)(a), (9)(cXI), and (9)(c)(m)
amended and (2)(a)(L7) added, p. 512, § 1, effective May 12; (5)(c) and (8)(d) amended,
p. 1354, § 25, effective July 1, 2001. L. 2001: (8)(e)(II), (8)(f), and (9)(a) amended, p. 553,
§ 4, effective May 23; (7)(c) amended, p. 787, § 4, effective June 1; (7)(a)(II) repealed, p.
1284, § 67, effective June 5. L. 2002: (l)(a), (2Xa)(L7), (2)(a)(Il), (2)(a)(IV), (3)(a),
(5)(a), (7Xc)(II), (7)(c)(ffl), (9)(c)(I), and (9Xc)(III) amended, p. 1915, § 6, effective July
1. L. 2003: (6)(b)(I) and (6)(b)(IX)(B) amended and (6)(b)(IX)(A.5) added, p. 2429, § 1,
effective July 1. L. 2004: (2)(a)(I), (2)(a)(L5), (5)(a)(I), (7Xa)(D, (9XcXD, and (9Xc)(H)
amended, p. 782, § 5, effective July 1. L. 2005: (3) amended, p. 647, § 16, effective May
27. L. 2006: (5)(a)(I), (5)(a)(H), (6)(b)(m), and (6)(b)(V) amended and (6)(bXIH.5) added,
p. 260, § 1, effective March 31; (6)(b)(IX)(A.5) and (7)(c)(II) amended, p. 1366, § 2,
effective January 1, 2007. L. 2007: (2)(aXL5), (2Xa)(L7), (6)(b)(K)(A.5), and (9Xc)(I)
amended, p. 502, § 1, effective July 1. L. 2008: Entire section R&RE, p. 232, § 1,
effective July 1; (3)(a) and (3)(c) amended, p. 833, § 3, effective January 1, 2009. L. 2011:
(4)(d)(II) amended, (HB 11-1303), ch. 264, p. 1179, § 102, effective August 10. L. 2012:
(4)(d)(ID(A) and (9)(c) amended, (HB 12-1168), ch. 278, p. 1482, § 4, effective August 8.
Editor's note: (1) This section is similar to former § 42-2-122.1 as it existed prior to 1994, and
the former § 42-2-126 was relocated to § 42-2-134.
(2) Subsections (9)(b) and (9)(c)(H) were originally numbered as § 42-2-122.1 (8Kb) and
(8)(c)(ffl), and the amendments to them in House Bill 94-1029 were harmonized with Senate Bill
94-001.
42-2-126
Vehicles and Traffic
Title 42 - page 86
Cross references: For the legislative declaration contained in the 1998 act enacting subsection
(2.5), see section 1 of chapter 295, Session Laws of Colorado 1998. For the legislative declaration
contained in the 2001 act amending subsection (7)(c), see section 1 of chapter 229, Session Laws of
Colorado 2001. For the legislative declaration contained in the 2008 act amending subsections (3)(a)
and (3)(c), see section 1 of chapter 221, Session Laws of Colorado 2008.
ANNOTATION
Law reviews. For article, "The New Colo-
rado Per Se DUI Law", see 12 Colo. Law. 1451
(1983). For article, "DUI Defense Under the Per
Se Law", see 14 Colo. Law. 2155 (1985). For
article, "Drinking and Driving: An Update on
the 1989 Legislation", see Colo. Law. 1943
(1989). For article, "Driver's License Consider-
ations in DUI Cases-Part I", see 28 Colo. Law.
85 (May 1999). For article, "Driver's License
Considerations in DUI Cases-Part II", see 28
Colo. Law. 91 (July 1999).
Annotator's note. Since § 42-2-126 is sim-
ilar to § 42-2-122.1 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included in the annotations to this
section.
Due process not violated. This section af-
fords an opportunity to be heard consistent with
the requirements of due process. Falbo v. Rev.
Motor Veh. Div., 738 P.2d 43 (Colo. App. 1987).
This section does not violate constitutional
guarantees of equal protection of the law,
even though a person whose driver's license was
suspended administratively through § 42-2-
122.1 could not receive a probationary license
and a person whose license was suspended un-
der § 42-2-123 as a result of a criminal convic-
tion could receive a probationary license, be-
cause the court, after making a determination of
whether persons allegedly subject to disparate
treatment by these sections were in fact simi-
larly situated, found that no classification of
persons similarly situated exists since this sec-
tion involved an administrative suspension as
opposed to a suspension resulting from a crim-
inal conviction. Bath v. State Dept. of Rev., 758
P.2d 1381 (Colo. 1988); Hancock v. State Dept.
of Rev., 758 P.2d 1372 (Colo. 1988).
The phrase "without additional testi-
mony '* precludes a judgment on the grounds
that the department of revenue failed to file a
brief. In addition, the standard of review re-
quires certain finding. Without such findings, a
court may not overturn a driver's license sus-
pension on review on procedural grounds. My-
ers v. Dept. of Rev., 126 P.3d 328 (Colo. App.
2005).
Statute proscribing driving with a blood
alcohol content in excess of set limit provides
sufficient notice of proscribed conduct and is
not unconstitutionally vague or violative of
due process. The fact of having consumed a
quantity of alcohol notifies a person he is in
jeopardy of violating the law. Abundant avail-
able information tells amount of alcohol con-
sumption necessary to reach specific blood al-
cohol content levels. Smith v. Chames, 728 P.2d
1287 (Colo. 1986); Hancock v. State Dept. of
Rev., 758 P.2d 1372 (Colo. 1988).
Notice given licensees through publication
of express consent statute satisfies due pro-
cess; licensee is presumed to know law regard-
ing operation of motor vehicles, including con-
sequences of refusing request for chemical
testing. Dikeman v. Charnes, 739 P.2d 870
(Colo. App. 1987).
Driver was not entitled to advisement of con-
sequences of refusing chemical test to determine
blood alcohol level before he was requested by
officer to submit to test. Dikeman v. Charnes,
739 P.2d 870 (Colo. App. 1987).
Department's failure to instruct motorist
to obtain duplicate license to surrender after
revocation does not violate motorist's equal
protection rights. Haynes v. Charnes, 772 P.2d
670 (Colo. App. 1989).
The state does not violate the double jeop-
ardy clause by subjecting individuals to crim-
inal prosecution pursuant to the DUI or DUI
per se statutes subsequent to subjecting them
to an administrative license revocation pro-
ceeding. Deutschendorf v. People, 920 P.2d 53
(Colo. 1996).
Statute is remedial not punitive, and dou-
ble jeopardy protection does not apply. Revo-
cation occurred because defendant refused to
take the test for blood alcohol and not because
of the level of alcohol in his bloodstream. Con-
sequently, defendant was arrested for conduct
different from the conduct giving rise to the
license revocation, that is, driving a motor ve-
hicle while impaired by the consumption of
alcohol, as opposed to a refusal to take the test.
People v. Olson, 921 P.2d 51 (Colo. App. 1996).
This section is remedial in nature and is to
be liberally construed in the public interest.
Cordova v. Mansheim, 725 P.2d 1158 (Colo.
App. 1986).
Legality of initial stop and arrest for DUI
are proper issues in proceedings under this
section. Although the validity of the initial stop
and the subsequent DUI arrest may not be nec-
essary elements to a revocation action, a driver
may properly raise such issues as a defense in
such proceedings. Peterson v. Tipton, 833 P.2d
830 (Colo. App. 1992).
Officer is not authorized to request and to
direct an arrested driver to submit to testing
Title 42 -page 87
Drivers' Licenses
42-2-126
absent probable cause for the DUI arrest and,
by implication, absent reasonable suspicion for
the initial stop. Peterson v. Tipton, 833 P.2d 830
(Colo. App. 1992).
In determining validity of an investigatory
stop, the first inquiry is whether there were
specific and articulable facts known to the police
officer which, taken together with rational infer-
ences from these facts, created a reasonable
suspicion of criminal activity. Peterson v.
Tipton, 833 P.2d 830 (Colo. App. 1992).
Officer need not include reasons for driv-
er's erratic driving behavior in report but only
that the driving was erratic and thus the officer
had probable cause to stop the auto. Kollodge v.
Charnes, 741 P.2d 1260 (Colo. App. 1987).
Jurisdiction is acquired in a license revo-
cation proceeding under this section when
affidavits and other documents forwarded by the
arresting officer contain sufficient information
of a reliable character to make a revocation
determination. Duckett v. Tipton, 826 P.2d 873
(Colo. App. 1992).
Although arresting officer's failure to
swear to the affirmation on a revocation form
under penalty of perjury violated statutory
requirement, such violation does not prevent
department of revenue from acquiring jurisdic-
tion in license revocation proceeding and does
not warrant reversal of revocation. Duckett v.
Tipton, 826 P.2d 873 (Colo. App. 1992).
Where arresting officer swore to validity of
documents submitted at revocation hearing,
any error in the verification procedure before a
notary public was not prejudicial to motorist.
Duckett v. Tipton, 826 P.2d 873 (Colo. App.
1992).
Statute does not require arresting officer to
have personal knowledge of every fact stated
within verified report required by subsection
(2)(a). Sheldon v. Dept of Rev., 742 P.2d 968
(Colo. App. 1987).
Reasonable suspicion justifying initial stop
was furnished by nonverbal signal of gas station
clerk who had called to report intoxicated cus-
tomer preparing to drive away. Peterson v.
Tipton, 833 P.2d 830 (Colo. App. 1992).
Arresting officer had reasonable grounds
for determini ng that driver was driving un-
der the influence, even though he did not actu-
ally see the driver driving but relied on infor-
mation provided to him by fellow officer and on
his own observation of driver exiting the vehi-
cle. Sheldon v. Dept of Rev., 742 P.2d 968
(Colo. App. 1987).
Investigating officer's hearsay report as to
the time that the driver was behind the wheel of
the motor vehicle could be used to establish
timeliness of blood alcohol test without violat-
ing due process because such report was reli-
able, trustworthy, and possessed probative
value. Colo. Div. of Rev. v. Lounsbury, 743 P.2d
23 (Colo. 1987); Charnes v. Olona, 743 P.2d 36
(Colo. 1987).
Revocation of driver's license upheld where
substantial evidence in record supported such
revocation, even though the hearing officer erred
by applying the so-called "20% rule" to resolve
differences between two intoxilyzer test results.
Charnes v. Robinson, 772 P.2d 62 (Colo. 1989).
Invalidity of "20% rule". Use of rule which
provides that a second intoxilyzer test result
within 20% of the first test result supports and
does not refute the first test result was invalid as
a standard or guide in adjudicatory hearings
under this article, since it had the effect of an
agency rule or regulation, but was not promul-
gated according to the rule-making authority
delegated to the director of the department of
revenue. Charnes v. Robinson, 772 P.2d 62
(Colo. 1989).
Retest is not the only method of refuting
intoxilyzer results. Where undisputed testi-
mony showed the machine consistently read
.005% too high, and the margin by which driver
allegedly exceeded the statutory limit was only
.003%, the department's prima facie case was
nullified, and retest could serve no valid pur-
pose. Scherr v. Dept. of Rev., 49 P.3d 1217
(Colo. App. 2002).
Revocation of a driver's license under the
"per se" statute requires a properly sup-
ported finding that the licensee was driving,
not a finding that the officer who requested that
the licensee submit to a blood alcohol test had
reasonable grounds to believe that the licensee
was operating a motor vehicle while under the
influence of, or impaired by, alcohol. Charnes v.
Lobato, 743 P.2d 27 (Colo. 1987).
The term "drove a vehicle", for the pur-
poses of subsection ( l)(a)(l), means a person has
actual physical control of a motor vehicle upon
a highway. Brewer v. Motor Vehicle Div., Dept.
of Rev., 720 P.2d 564 (Colo. 1986); Smith v.
Charnes, 728 P.2d 1287 (Colo. 1986); Nefeger v.
Dept. of Rev., 739 P.2d 224 (Colo. 1987); Han-
cock v. State Dept. of Rev., 758 P.2d 1372
(Colo. 1988).
"Actual physical control** does not require
that the vehicle be moving on its own power or
that the vehicle travel a particular distance.
Therefore, licensee was in actual physical con-
trol of the vehicle when he was seated behind
the wheel, with the engine running and the car in
gear, as the vehicle was towed out of a snow-
bank. Colo. Div. of Rev. v. Lounsbury, 743 P.2d
23 (Colo. 1987).
Person who was in the driver's seat of an
automobile which had its motor running and
its parking lights on and which was located in
a private lot was in actual physical control of the
automobile and thus was driving a motor vehi-
cle. Therefore, refusal to consent to testing vio-
lates "express consent** statute and justifies re-
vocation of license under this section. Motor
42-2-126
Vehicles and Traffic
Title 42 - page 88
Vehicle Div. v. Warman, 763 P.2d 558 (Colo.
1988).
Specific criminal charge is not required for
a valid administrative license revocation. Irey v.
Nielson, 716 P.2d 486 (Colo. App. 1986).
The department's determination of the facts
with respect to administrative revocation is in-
dependent of the determination of the same or
similar facts in the adjudication of any criminal
charges arising out of the same occurrence.
When the statutory text evidences a legislative
intent to treat separately the administrative and
criminal consequences of driving under the in-
fluence of intoxicating liquor, the statute should
be interpreted in the manner that gives effect to
the entire legislative scheme. Nefzger v. Dept. of
Rev., 739 P.2d 224 (Colo. 1987).
Issue preclusion does not bar revocation
despite different outcome in criminal case. In
a revocation proceeding, the department of rev-
enue may make findings "independent of the
determination of the same or similar facts in the
adjudication of any criminal charges arising out
of the same occurrence". Accordingly, given the
substantial differences in the purposes and pro-
cedures in a revocation hearing and a criminal
case, issue preclusion does not prevent the in-
dependent resolution of the same issue in each
proceeding. Meyer v. Dept. of Rev., 143 P.3d
1181 (Colo. App. 2006) (decided prior to 2008
repeal and reenactment).
Hearsay evidence alone may be used to
establish an element at a revocation hearing
if such evidence is sufficiently reliable and trust-
worthy, and the evidence possesses probative
value commonly accepted by reasonable and
prudent persons in the conduct of their affairs.
Colo. Dept of Rev. v. Kirke, 743 P.2d 16 (Colo.
1987); Colo. Div. of Rev. v. Lounsbury, 743 P.2d
23 (Colo. 1987); Charnes v. Lobato, 743 P.2d 27
(Colo. 1987); Heller v. Velasquez, 743 P.2d 34
(Colo. 1987); Charnes v. Olona, 743 P.2d 36
(Colo. 1987).
Burden of proof. At a driver's license revo-
cation hearing, the state must establish by a
preponderance of the evidence that the licensee
drove a vehicle with an alcohol concentration of
0.15 or more grams of alcohol per 210 liters of
breath. Schocke v. St. Dept. of Rev., 719 P.2d
361 (Colo. App. 1986).
State did not meet burden with regard to
driver's breath alcohol concentration where two
different tests, each conducted by a certified
operator on a certified machine which had been
verified as operating properly prior to the test,
gave different results as to whether the driver
exceeded acceptable breath alcohol concentra-
tion level. Schocke v. St. Dept. of Rev., 719 P.2d
361 (Colo. App. 1986).
State did not meet its burden of proof where
undisputed testimony showed the machine used
to test driver's breath consistently read .005%
too high, and the margin by which driver alleg-
edly exceeded the statutory limit was only
.003%. Scherr v. Dept. of Rev., 49 P.3d 1217
(Colo. App. 2002).
Revocation of driver's license is not revers-
ible upon review based upon nonjurisdic-
tional statutory violation unless substantial
rights of licensee have been prejudiced. Alford
v. Tipton, 822 P.2d 513 (Colo. App. 1991).
A field test on a portable breath testing
device given to the suspect prior to arrest did not
constitute a chemical test within the meaning of
the express consent statute, and so a revocation
for refusal to submit to additional testing is
supported. Davis v. Carroll, 782 P.2d 884 (Colo.
App. 1989).
Chemical test for alcohol relied upon for
revocation of license requested more than one
hour after the alleged driving offense but within
a reasonable time of that offense will support the
revocation of a driver's license for refusal to
submit to the test. Charnes v. Boom, 766 P.2d
665 (Colo. 1988).
"Within one hour thereafter" means up to and
including the entire sixtieth minute after the
commission of the alleged offense. Bath v. State
Dept. of Rev., 762 P.2d 767 (Colo. App. 1988)
(decided under law in effect prior to 1987
amendment changing the one hour to two
hours).
Motorist's expert witness showing test re-
sults conflicting with the state's results must
show that health department regulations were
followed in performing the test and establish
that the machine performing the test was oper-
ating correctly. Davis v. Charnes, 740 P.2d 534
(Colo. App. 1987).
Hearing officer cannot refuse to accept into
evidence the result of an independently tested
breath test sample because driver would be
denied due process by being deprived of any
chance to rebut results of the state's test.
Mameda v. Colo. Dept. of Rev., 698 P.2d 277
(Colo. App. 1985).
Subsections (l)(a) and (8)(c) indicate legis-
lative intent that license revocation be based on
the results of the chemical analysis at least to the
extent that the test can be considered prima facie
proof that blood alcohol concentration was in
excess of the statutory standard. Swain v. State
Dept. of Rev., 717 P.2d 507 (Colo. App. 1985).
Subsections (l)(a)(I) and (8)(c) are not in-
consistent, and thus evidence of excessive
blood alcohol concentration obtained pursuant
to subsection (8)(c) was sufficient to sustain
revocation of driver's license. Harvey v.
Charnes, 728 P.2d 373 (Colo. App. 1986) (de-
cided prior to 1987 amendments to subsections
(l)(a) and (8)(c)).
Margin of error may be considered in de-
termining weight accorded to blood alcohol test,
but hearing officer did not abuse discretion in
finding blood alcohol in excess of statutory stan-
dard where there was no showing that the ma-
Title 42 -page 89
Drivers' Licenses
42-2-126
chine was inaccurate. Swain v. State Dept. of
Rev., 717 P.2d 507 (Colo. App. 1985).
Hearing officer did not act arbitrarily or ca-
priciously in revoking defendant's license upon
rinding that he had blood alcohol content of
.159, despite contention that there was a margin
of error in the test so that blood alcohol content
could have been less than .15. Nefzger v. Dept.
of Rev., 739 P.2d 224 (Colo. 1987).
Presumption in subsection (8)(e)(II) does
not apply to determination of whether a per-
son is a "persistent drunk driver", as that
term is denned in § 42-1-102. Presumption that
favors the accuracy of a blood alcohol content
analysis done on behalf of a law enforcement
agency when a driver submits conflicting test
results applies only to revocation determina-
tions. Garcia v. Huber, 252 P.3d 486 (Colo. App.
2010).
"Verified report" is not necessarily a nota-
rized report The department of revenue had
jurisdiction to revoke commercial driver's li-
cense for one year where police officer's report
contained all necessary information, was sworn
to under penalty of perjury, and used form sup-
plied by department Dept. of Rev. v. Hibbs, 122
P.3d 999 (Colo. 2005) (decided under this sec-
tion as it existed prior to 2005 amendment).
Although failure of arresting officer to date
notice of revocation form violated require-
ments of this section, department of revenue
acquired jurisdiction over revocation pro-
ceedings when submittal of affidavit and other
documents forwarded by arresting officer con-
tained sufficient information of a reliable char-
acter to permit department to make revocation
determination. Alford v. Tipton, 822 P.2d 513
(Colo. App. 1991).
Objective standard of driver's external
manifestations of willingness or unwillingness
to submit to testing for purposes of this sec-
tion is sole basis for determination of whether
driver refused to take test Alford v. Upton, 822
P.2d 513 (Colo. App. 1991).
The two-hour standard in § 42-4-1301.1
does not apply to a refusal to take a test The
refusal to take a blood alcohol test is an inde-
pendent cause for revoking driver's license.
Therefore, so long as the request is within a
reasonable time, a refusal to take the test may
result in loss of a driver's license. Stumpf v.
Colo. Dept. of Rev., 231 P.3d 1 (Colo. App.
2009).
Arresting officer's failure to serve driver
personally with notice of revocation of his driv-
er' s license does not affect department of rev-
enue's jurisdiction to serve the driver with such
notice and to enter revocation order. Kenney v.
Charnes, 717 P.2d 1020 (Colo. App. 1986); Pot-
ter v. Dept. of Rev., 739 P.2d 908 (Colo. App.
1987).
Driver could not be deemed to have re-
ceived notice of revocation of his license where
mailed notice was returned by postal authorities
as unclaimed; return was evidence of fact that
notice was not served, rebutting presumption
indicated in subsection (3) (b) that service of
notice would be effective three days after mail-
ing. Potter v. Dept. of Rev., 739 P.2d 908 (Colo.
App. 1987).
After mailed notice of revocation was re-
turned by postal authorities as unclaimed, driv-
er's written request for hearing, together with
affidavit setting forth reasons for late riling of
request, were sufficient. Potter v. Dept. of Rev.,
739 P.2d 908 (Colo. App. 1987).
Waiver of notice. Although motorist did not
make an express waiver, the fact that he and his
attorney appeared and argued the merits of his
driver's license revocation but did not object to
the timeliness of notice demonstrated his will-
ingness to forego receipt of timely notice and
constituted a waiver. Mattingly v. Charnes, 700
P.2d 927 (Colo. App. 1985); Hendrickson v.
State Dept. of Rev., M.V.D., 716 R2d 489 (Colo.
App. 1986).
Since the motorist failed to surrender his
driver's license as required by this section,
such refusal gave the department of revenue
grounds to deny his request for a revocation
hearing. Haynes v. Charnes, 772 P.2d 670
(Colo. App. 1989).
This section provides that the Administra-
tive Procedure Act applies to license revoca-
tion hearings. Nye v. State Dept. of Rev., 902
P.2d 959 (Colo. App. 1995).
License was not revoked when notice was
never served on plaintiff pursuant to either of
the prescribed statutory methods. Knaus v.
Dept. of Rev., 844P.2d 1318 (Colo. App. 1992).
Plaintiff not en titled to be given credit to-
ward three-month revocation period for pe-
riod he was under mistaken belief that his
license had been revoked. He had not yet re-
ceived notice of the revocation as required by
statute, and the misunderstanding was not the
fault or responsibility of the department Knaus
v. Dept. of Rev., 844 P.2d 1318 (Colo. App.
1992).
Sixty-day period for a license revocation
hearing begins to run at the time the depart-
ment receives the written request Ellis v.
Charnes, 722 P.2d 436 (Colo. App. 1986).
If the sixtieth day falls on a Saturday, Sun-
day, or legal holiday, the 60-day period is au-
tomatically extended to the end of the next
business day. Perez v. Dept of Rev., 778 P.2d
326 (Colo. App. 1989).
The date of filing of request for a hearing is
not included for purposes of computing the
60-day period. Perez v. Dept. of Rev., 778 P.2d
326 (Colo. App. 1989).
Revocation hearing must not only be
scheduled but held within 60 days. The time
limit is jurisdictional and the department's fail-
ure to hold the hearing requires dismissal of the
42-2-126
Vehicles and Traffic
Title 42 - page 90
action against plaintiff. Wilson v. Hill, 782 R2d
874 (Colo. App. 1989) (decided under law in
effect prior to 1989 amendment).
Unlike the time limit for hearings under
§ 42-2-122.1 (7)(e), the 60-day time limit in
§ 42-2-123 (12) is not mandatory. DiMarco v.
Dept. of Rev., 857 P.2d 1349 (Colo. App. 1993)
(decided under law in effect prior to the 1994
amendment).
Subsection (7)(c) provides the exclusive
grounds on which an untimely request for a
license revocation hearing may be granted.
Baulsir v. Dept. of Rev., 702 P.2d 277 (Colo.
App. 1985); Kelley v. Dept. of Rev., 780 P.2d 67
(Colo. App. 1989).
When the grounds for an untimely request for
a license revocation hearing is attorney negli-
gence in failing to request a hearing within the
statutorily designated time period, the trial court
erred in ordering the department to grant the
request. Baulsir v. Dept. of Rev., 702 P.2d 277
(Colo. App. 1985).
Due process clause was not violated since
adequate advance notice and an opportunity for
an appropriate hearing before the license revo-
cation became effective was given. Baulsir v.
Dept. of Rev., 702 P.2d 277 (Colo. App. 1985).
Statutory notice provisions require driver
to request hearing within seven days of time
notice is deemed by statute to be received, not
from time of actual notice. Kelley v. Dept. of
Rev., 780 P.2d 67 (Colo. App. 1989).
Written notice of right to subpoena law
enforcement officer is jurisdictional require-
ment Where respondent never received such
notice and department nevertheless held revoca-
tion hearing in absence of officer over respon-
dent's objection, order of revocation was in-
valid. Kress v. Dept. of Rev., 834 P.2d 268
(Colo. App. 1992).
If respondent requests that the law en-
forcement officer be present, the officer can-
not fulfill this statutory requirement by ap-
pearing via two-way video conference. The
term "presence" requires actual presence not
video presence. Barnes v. Colo. Dept. of Rev.,
23 P.3d 1235 (Colo. App. 2000).
Department's policy of never granting a
rescheduling request by a licensee or counsel
for an alternative date within the 60-day limit
is arbitrary, capricious, and inconsistent with
the statutory obligation to provide a mean-
ingful opportunity for a fair hearing. Such
policy effectively violated licensee's right to
counsel of her own choosing when counsel
made the request due to a scheduling conflict.
However, the department is not required to ac-
commodate every request for rescheduling; it
must take the circumstances surrounding the
request into consideration. Erbe v. Colo. Dept.
of Rev., 51 P.3d 1096 (Colo. App. 2002).
Subsection (9)(c) provides the grounds for
reversing a DMV revocation order. Where
analysis of licensee's blood alcohol content was
conflicting, it was the hearing officer's role, not
the role of the reviewing court, to determine
which test result was more reliable and deserved
greater weight. Therefore, the hearing officer's
decision to rely on one of two conflicting test
results did not constitute grounds for reversal
under the statute. Charnes v. Lobato, 743 P.2d
27 (Colo. 1987).
The presumption of accuracy described in
subsection (9)(c)(II) applies only to revoca-
tion hearings and not to "persistent drunk
driver" determinations. Given the clear statu-
tory language, it is apparent that the general
assembly intended the presumption of accuracy
in blood alcohol content to apply to the limit
required for license revocation. Conversely,
there is no indication that it intended the pre-
sumption of accuracy in blood alcohol content
to apply to the "persistent drunk driver" section
of the statute. Wiesner v. Huber, 228 P.3d 973
(Colo. App. 2010) (decided under law in effect
prior to 2008 amendment).
Statute vests authority to review adminis-
trative revocations exclusively in district
court in county of driver's residence, and a
petition filed by a nonresident of the county
must be dismissed. Dept. of Rev. v. Borquez,
751 P.2d 639 (Colo. 1988).
Absence of transcript Under this section the
record does not include the transcript. Destruc-
tion of transcript due to administrative practice,
standing alone, does not require reversal of de-
partment's decision. Cop v. Charnes, 738 P.2d
1200 (Colo. App. 1987).
Nor does absence of transcript due to acci-
dental erasure of the tape, standing alone, re-
quire reversal of the department's decision.
Guynn v. Dept. of Rev., 939 P.2d 526 (Colo.
App. 1997).
District court erred in substituting its judg-
ment for hearing officer's determination as to
plaintiffs unjustified refusal to submit to
testing when hearing officer's finding was based
upon resolution of conflicting evidence. Afford
v. Tipton, 822 P.2d 513 (Colo. App. 1991).
Department of revenue is not bound in
administrative revocation under the collat-
eral estoppel doctrine by the resolution of the
same issues in criminal proceedings arising
out of the same occurrence. Wallace v. Dept. of
Rev., 787 P. 2d 181 (Colo. App. 1989).
A request for extraordinary relief in the
form of mandamus under C.R.C.P. 106 was
improper to challenge arbitrary action by the
department of revenue in revoking a person's
driver's license, even though petition was filed
on the basis that the department refused to con-
duct a revocation hearing. The state Administra-
tive Procedures Act provides the proper mech-
anism for seeking relief based on arbitrary
action by an executive agency. Dept. of Rev. v.
District Court, 802 P.2d 473 (Colo. 1990).
Title 42 - page 91
Drivers' Licenses
42-2-126
Questions as to legality of initial motor
vehicle stop and subsequent arrest of driver
for driving under the influence may properly
be raised as issues in driver's license revoca-
tion proceedings. Peterson v. Tipton, 833 P.2d
830 (Colo. App. 1992).
The department's authority is limited by
pertinent statutory provisions in a driver's
license revocation proceeding and, absent any
statutory authorization for a "reopening", the
asserted right thereto was a nullity and plaintiff
was not required to "exhaust" such an invalid
administrative "remedy" as a condition prece-
dent to his statutory right to seek judicial review
of the department's final order of revocation.
Foos v. State, 888 P.2d 321 (Colo. App. 1994).
Under the applicable statutory scheme, the
final agency action of the department that is
subject to judicial review in express consent
revocation proceedings is the issuance of the
final order of revocation by the hearing officer at
the conclusion of the revocation hearing. Foos v.
State, 888 P.2d 321 (Colo. App. 1994).
Judicial review is only available from a
final agency determination. District court
lacks jurisdiction to interfere with agency's set-
ting of hearing date. State Dept. of Rev. v.
District Court, 908 P.2d 518 (Colo. 1995).
On remand, the district court's disposition
of the judicial review proceedings must be
governed solely by the standards of the applica-
ble provisions of this section and the Adminis-
trative Procedure Act. Foos v. State, 888 P.2d
321 (Colo. App. 1994).
Court has no subject matter jurisdiction to
review the suspension or revocation of a driv-
er's license when the driver-defendant has
failed to exhaust his administrative remedies
before seeking judicial review. Kriz v. Colo.
Dept of Rev., 916 P.2d 659 (Colo. App. 1996).
Failure to file a petition for judicial review
within 30 days after issuance of a revocation
order is a jurisdictional defect that mandates
dismissal of the action where, as here, the
statute does not mandate the filing of a petition
for reconsideration; therefore, it was error for
the district court to affirm the revocation order.
Jeffries v. Fisher, 66 P.3d 218 (Colo. App. 2003).
Remedy for driver who has had his driv-
er's license revoked or suspended may be
available pursuant to § 24-4-105(10) where
the Colorado department of revenue does not
hold an administrative hearing prior to the
expiration of 60 days as the department is
under statutory obligation to hold an adminis-
trative hearing within 60 days under either this
section or § 42-2-125. Kriz v. Colo. Dept. of
Rev., 916 P.2d 659 (Colo. App. 1996).
Prior to enactment of § 42-2-122.1
(7)(e)(II) 9 police officers did not have authority
to absent themselves from revocation hearings.
People v. Attorney A., 861 P.2d 705 (Colo.
1993) (decided under law in effect prior to the
1994 amendment).
The failure to notify a licensee of the cor-
rect location of a revocation hearing is not a
jurisdictional defect Wunder v. Dept. of Rev.,
Motor Veh. Div., 867 P.2d 178 (Colo. App.
1993).
The statutory grounds for delay of the li-
cense revocation hearing must be strictly con-
strued. The exception that arises when a police
officer is unavailable must be limited to situa-
tions involving the same degree of urgency as
covered by the other enumerated exceptions. A
bare notation that the officer had to teach school
is insufficient to establish the applicability of the
statutory exception. Rule v. Dept. of Rev., 868
P.2d 1166 (Colo. App. 1994).
Officer who submitted the documentation
for a DUI arrest was the proper officer to
appear at the driver's license revocation hearing
even though the officer was not the arresting
officer. Herman v. Dept of Rev., 870 P.2d 628
(Colo. App. 1994).
Driver's license revocation based on re-
fusal to submit to alcohol testing is supported
by substantial evidence. Probable cause ex-
isted for DUI arrest based on evidence of speed-
ing, alcohol odor, bloodshot eyes, blank stare,
slurred speech, and staggered walk. Herman v.
Dept. of Rev., 870 P.2d 628 (Colo. App. 1994).
Reversal of a driver's license revocation is
warranted where the agency failed to comply
with written request to issue a subpoena and this
failure caused prejudice to the driver's substan-
tial right to engage in cross-examination of wit-
nesses. Nye v. State Dept of Rev., 902 P.2d 959
(Colo. App. 1995).
Nevertheless, the department has discre-
tion over whether to issue a subpoena. The
issuance of a subpoena is not merely a ministe-
rial duty. The department may issue rules to
establish criteria for the issuance, such as rele-
vance. Fallon v. Colo. Dept. of Rev., 250 P.3d
691 (Colo. App. 2010).
Revocation of license may not be reversed
based on nonjurisdictional statutory violation
unless substantial rights of licensee are prej-
udiced by the error. Mitchek v. Dept of Rev.,
911 P.2d 715 (Colo. App. 1996).
Applied in Miller v. Motor Vehicle Div.,
Dept. of Rev., 706 P.2d 10 (Colo. App. 1985);
Kelln v. Colo. Dept. of Rev., 719 P.2d 358
(Colo. App. 1986); Franklin v. Dept. of Rev.,
728 P.2d 391 (Colo. App. 1986); McClellan v.
State Dept. of Rev., 731 P.2d 769 (Colo. App.
1986); Shafron v. Cooke, 190 P.3d 812 (Colo.
App. 2008).
42-2-126.1 Vehicles and Traffic Title 42 - page 92
42-2-126.1. Probationary licenses for persons convicted of alcohol-related driving
offenses - ignition interlock devices - fees - interlock fund created - violations of
probationary license - repeal. (Repealed)
Source: L. 95: Entire section added, p. 1304, § 3, effective July 1. L. 96: IP(2)
amended and (2)(a.5) added, p. 1204, § 3, effective July 1. L. 97: (2)(a.7) added and (2)(a),
(2)(a.5), (2)(e), (2.5), (6)(a), (7), and (8) amended, pp. 1383, 1384, §§ 2, 3, effective July
1. L. 98: (2.5) amended, p. 1352, § 97, effective June 1. L. 99: IP(1) amended and (1.5)
added, p. 1162, § 5, effective July 1. L. 2000: (1.5) and (8) amended, p. 1075, § 1,
effective July 1; IP(1) amended, p. 1354, § 26, effective July 1, 2001.
Editor's note: (1) Senate Bill 00-011 made conforming amendments to the introductory portion
to subsection (1), effective July 1, 2001, but those amendments did not take effect since the entire
section was repealed, effective January 1, 2001.
(2) Subsection (8) provided for the repeal of this section, effective January 1 , 2001 . (See L. 2000,
p. 1075.)
42-2-126 3. Tampering with an ignition interlock device. (Repealed)
Source: L. 95: Entire section added, p. 1304, § 3, effective July 1. L. 2000: (1) and (2)
amended, p. 1079, § 9, effective July 1. L. 2001: (1) and (2) amended, p. 1284, § 68,
effective June 5. L. 2002: (3) amended, p. 1560, § 362, effective October 1. L. 2012:
Entire section repealed, (HB 12-1168), ch. 278, p. 1482, § 3, effective August 8.
42-2-126.5. Revocation of license based on administrative actions taken under
tribal law - repeal. (1) As used in this section:
(a) "Indian" means a person who is a member of a federally recognized Indian tribe.
(b) "Reservation" means the Southern Ute Indian reservation, the exterior boundaries
of which were confirmed in the Act of May 21, 1984, Pub.L. 98-290, 98 Stat. 201, 202
(found at "Other Provisions" note to 25 U.S.C. sec. 668).
(c) "Reservation driving privilege" means the driving privilege of an Indian that arises
under and is governed by the tribal code when the Indian is operating a motor vehicle within
the boundaries of the reservation.
(d) "Tribal code" means the laws adopted by the tribe pursuant to the tribe' s consti-
tution.
(e) "Tribe" means the Southern Ute Indian tribe.
(2) Legislative declaration, (a) The general assembly finds that:
(I) The tribal code, including traffic provisions, governs the conduct of Indians within
the reservation;
(II) The tribal code grants reservation driving privileges to Indians based on possession
of a state-issued driver's license but does not authorize application of state driver's license
revocation laws based on the conduct of Indians within the reservation; and
(IH) When Indians drive outside of the reservation, state and municipal traffic laws
apply to their state driving privileges.
(b) In enacting this section, the general assembly intends to provide safety for all
persons using the highways of the state by authorizing a process whereby the state shall
revoke the Colorado driving privileges of a person after the tribe has entered a final order
under the tribal code revoking the reservation driving privileges of that person, in a manner
similar to how the state revokes the state driving privileges of a Colorado licensee whose
driving privileges are revoked for an action occurring and adjudicated in a foreign
jurisdiction.
(3) When the tribe initially revokes the reservation driving privilege of an Indian
pursuant to the tribal code pending a tribal hearing, the tribe shall take possession of the
person's Colorado driver's license. The tribe is authorized to issue a temporary permit
which shall provide temporary Colorado driving privileges to the person until the tribe
enters a final order of revocation of the person's reservation driving privileges.
Title 42 - page 93 Drivers' Licenses 42-2-127
(4) If the tribe enters a final order of revocation of the person's reservation driving
privileges, the tribe shall send notice of such revocation to the department via fax, mail, or
electronic means.
(5) The state shall give full faith and credit to a tribal administrative or judicial
determination related to the tribe's revocation of the reservation driving privileges of an
Indian.
(6) Upon receiving notice of revocation from the tribe pertaining to any Indian, the
department shall immediately revoke the Colorado driving privileges of that person. The
period of the state revocation shall run concurrently with the revocation action taken by the
tribe. The state's driver record for the revoked individual shall indicate concurrent dates for
the revocation period. The department shall send notice of revocation by first-class mail to
the person at the address last shown on the department's records.
(7) The department's revocation of the person's Colorado driving privileges shall be a
final agency action of the department. Any appeal of the state's final revocation action may
be taken in accordance with section 42-2-135 and section 24-4-106, C.R.S. Because the
state is giving full faith and credit to the tribal determination, the department's revocation
action shall be affirmed if, upon review, the reviewing court determines that the tribe's
revocation of tribal driving privileges met both of the following conditions:
(a) The revocation occurred after providing the person whose driving privilege was
revoked reasonable notice and an opportunity to be heard sufficient to protect due process
rights; and
(b) The tribal administrative or judicial tribunal that made the determination had
jurisdiction over the parties and over the subject matter.
(8) When a person whose license is revoked under this section has completed the terms
and conditions of the tribal revocation order, the tribe shall provide the person with written
notification of the completion and shall also send written notice to the department. When
the department receives the tribe's written notification of the completion, the person may
seek reinstatement of his or her Colorado driving privileges. The person must comply with
sections 42-2-126 (4) (d), 42-2-132, and 42-7-406 to obtain a new license or otherwise
restore his or her Colorado driving privileges.
(9) The provisions of this section do not apply to the department's revocation, suspen-
sion, cancellation, or denial of a Colorado driver's license of an Indian for any driving
offense that occurs while operating a motor vehicle outside the boundaries of the reserva-
tion.
(10) This section shall automatically repeal on the occurrence of any one or more of the
following events:
(a) The tribe repeals the express consent law of the tribal code;
(b) Either the tribe or the state terminates any intergovernmental agreement between
the parties pertaining to driver's license revocations of Indians; or
(c) A repeal of mis section by the general assembly acting by separate bill.
Source: L. 2001: Entire section added, p. 320, § 1, effective April 12. L. 2008: (8)
amended, p. 246, § 8, effective July 1.
42-2-127. Authority to suspend license - to deny license - type of conviction -
points, (1) (a) Except as provided in paragraph (b) of subsection (8) of this section, the
department has the authority to suspend the license of any driver who, in accordance with
the schedule of points set forth in this section, has been convicted of traffic violations
resulting in the accumulation of twelve points or more within any twelve consecutive
months or eighteen points or more within any twenty-four consecutive months, or, in the
case of a minor driver eighteen years of age or older, who has accumulated nine points or
more within any twelve consecutive months, or twelve points or more within any twenty-
four consecutive months, or fourteen points or more for violations occurring after reaching
the age of eighteen years, or, in the case of a minor driver under the age of eighteen years,
who has accumulated more man five points within any twelve consecutive months or more
than six points for violations occurring prior to reaching the age of eighteen years; except
that the accumulation of points causing the subjection to suspension of the license of a
42-2-127 Vehicles and Traffic Title 42 - page 94
chauffeur who, in the course of employment, has as a principal duty the operation of a motor
vehicle shall be sixteen points in one year, twenty-four points in two years, or twenty-eight
points in four years, if all the points are accumulated while said chauffeur is in the course
of employment. Any provision of this section to the contrary notwithstanding, the license
of a chauffeur who is convicted of DUI, DUI per se, DWAI, habitual user, UDD, or leaving
the scene of an accident shall be suspended in the same manner as if the offense occurred
outside the course of employment. Whenever a minor driver under the age of eighteen years
receives a summons for a traffic violation, the minor's parent or legal guardian or, if the
minor is without parents or guardian, the person who signed the minor driver's application
for a license shall immediately be notified by the court from which the summons was issued.
(b) If any applicant for a license to operate a motor vehicle has illegally operated a
motor vehicle in this state prior to the issuance of a valid driver's or minor driver's license
or instruction permit or in violation of the terms of any instruction permit within thirty-six
months prior to said application, the department has the authority to deny the issuance of
said license for not more than twelve months.
(c) For the purpose of this section, any points accumulated by a minor under an
instruction permit shall apply to the minor driver's license subsequently issued to or applied
for by such minor.
(d) No suspension or denial shall be made until a hearing has been held or the driver
has failed to appear for a hearing scheduled in accordance with this section. This section
shall not be construed to prevent the issuance of a restricted license pursuant to section
42-2-116.
(2) (a) The time periods provided in subsection (1) of this section for the accumulation
of points shall be based on the date of violation, but points shall not be assessed until after
conviction for any such traffic violation.
(b) The accumulation of points within the time periods provided in subsection (1) of
this section shall not be affected by the issuance or renewal of any driver's or minor driver's
license issued under the provisions of this article or the anniversary date thereof.
(3) Nothing in subsections (1) and (2) of this section shall affect or prevent any
proceedings to suspend any license under the provisions of law existing prior to July 1,
1974.
(4) Statutory provisions for cancellation and mandatory revocation of drivers' licenses
shall take precedence over this section.
(5) Point system schedule:
Type of conviction Points
(a) Leaving scene of accident 12
(b) (I) DUI or DUI per se 12
(II) Habitual user 12
(HI) DWAI 8
(IV) UDD 4
(c) (I) Engaging in a speed contest in violation of section 42-4-1105 (1) 12
(II) Aiding or facilitating engaging in a speed contest in violation of section
42-4-1105(3) 12
(HI) Engaging in a speed exhibition in violation of section 42-4-1105 (2) 5
(IV) Aiding or facilitating engaging in a speed exhibition in violation of section
42-4-1105(3) 5
(d) Reckless driving 8
(e) Careless driving 4
(e.5) Careless driving resulting in death 12
(f) Speeding:
(I) One to four miles per hour over the reasonable and prudent speed or one to four
miles per hour over the maximum lawful speed limit of seventy-five miles per hour
(II) Five to nine miles per hour over the reasonable and prudent speed or five to nine
miles per hour over the maximum lawful speed limit of seventy-five miles per hour — 1
(HI) Ten to nineteen miles per hour over the reasonable and prudent speed or ten to
nineteen miles per hour over the maximum lawful speed limit of seventy-five miles per
hour 4
Title 42 - page 95 Drivers' Licenses 42-2-127
(IV) Twenty to thirty-nine miles per hour over the reasonable and prudent speed or
twenty to thirty-nine miles per hour over the maximum lawful speed limit of seventy-five
miles per hour 6
(IV.5) Forty or more miles per hour over the reasonable and prudent speed or forty or
more miles per hour over the maximum lawful speed limit of seventy-five miles per
hour 12
(V) Failure to reduce speed below an otherwise lawful speed when a special hazard
exists 3
(VI) One to four miles per hour over the maximum lawful speed limit of forty miles per
hour driving a low-power scooter
(VII) Five to nine miles per hour over the maximum lawful speed limit of forty miles
per hour driving a low-power scooter 2
(VET) Greater than nine miles per hour over the maximum lawful speed limit of forty
miles per hour driving a low-power scooter 4
(g) Failure to stop for school signals : 6
(h) Driving on wrong side of road or driving on wrong side of divided or controlled-
access highway in violation of section 42-4-1010 4
(i) Improper passing 4
(j) Failure to stop for school bus 6
(k) Following too closely 4
(I) Failure to observe traffic sign or signal, except as provided in paragraph (ff) of this
subsection (5) 4
(m) Failure to yield to emergency vehicle 4
(n) Failure to yield right-of-way, except as provided in paragraphs (y) to (bb) of this
subsection (5) , 3
(o) Improper turn 3
(p) Driving in wrong lane or direction on one-way street 3
(q) Driving through safety zone 3
(r) Conviction of violations not listed in this subsection (5) while driving a moving
vehicle, which are violations of a state law or municipal ordinance other than violations
classified as class B traffic infractions under section 42-4-1701 or having an equivalent
classification under any municipal ordinance 3
(s) Failure to signal or improper signal 2
(t) Improper backing 2
(u) Failure to dim or turn on lights 2
(v) (I) Except as provided in subparagraph (II) of this paragraph (v), operating an
unsafe vehicle , 2
(II) Operating a vehicle with defective head lamps 1
(w) Eluding or attempting to elude a police officer 12
(x) Alteration of suspension system 3
(y) Failure to yield right-of-way to pedestrian 4
(z) Failure to yield right-of-way to pedestrian at walk signal 4
(aa) Failure to yield right-of-way to pedestrian upon emerging from alley, driveway, or
building in a commercial or residential area 4
(bb) Failure to yield right-of-way to person with a disability pursuant to section
42-4-808 6
(cc) Failure to exercise due care for pedestrian pursuant to section 42-4-807 4
(dd) A second or subsequent violation of section 42-2-101 ( 1 ) and (4) 6
(ee) Failure to maintain or show proof of insurance pursuant to section
42-4-1409 4
(ff) Failure to observe high occupancy vehicle lane restrictions pursuant to section
42-4-1012
(gg) (Deleted by amendment, L. 2005, p. 334, § 2, effective July 1, 2005.)
(hh) Driving a motor vehicle while not wearing a seat belt in violation of section
42-2-105.5(3) 2
(ii) Driving with more passengers than seat belts in violation of section 42-2-105.5
(4) 2
42-2-127 Vehicles and Traffic Title 42 - page 96
(jj) A violation of section 42-4-239 1
(kk) Driving with a passenger who is under twenty-one years of age or driving between
12 midnight and 5 a.m. in violation of section 42-4-116 2
(5.5) If a person receives a penalty assessment notice for a violation under section
42-4-1701 (5) and such person pays the fine and surcharge for the violation on or before the
date the payment is due, the points assessed for the violation are reduced as follows:
(a) For a violation having an assessment of three or more points under subsection (5)
of mis section, the points are reduced by two points;
(b) For a violation having an assessment of two points under subsection (5) of this
section, the points are reduced by one point.
(5.6) (a) Any municipality may elect to have the provisions of subsection (5.5) of this
section apply to penalty assessment notices issued by the municipality pursuant to coun-
terpart municipal ordinances. Whenever a municipality reduces a traffic offense, the reduced
offense and the points assessed for such reduced offense shall conform to the point
assessment schedule under subsection (5) of this section.
(b) Any county may elect to have the provisions of subsection (5.5) of this section
apply to penalty assessment notices issued by the county pursuant to counterpart county
ordinances. Whenever a county reduces a traffic offense, the reduced offense and the points
assessed for such reduced offense shall conform to the point assessment schedule under
subsection (5) of this section.
(5.7) Notwithstanding any other provision of the statutes to the contrary, if a penalty
assessment for a traffic infraction is not personally served on the defendant or the defendant
has not accepted the jurisdiction of the court for such penalty assessment, then the traffic
infraction is a class B traffic infraction and the department has no authority to assess any
points under this section upon entry of judgment for such traffic infraction.
(5.8) Notwithstanding any other provision of this section, the department may not
assess any points for a violation if such assessment of points is prohibited under section
42-4-110.5 (3).
(6) (a) "Convicted*' and "conviction", as used in this section, include conviction in
any court of record or municipal court, or by the Southern Ute Indian tribal court, or by any
military authority for offenses substantially the same as those set forth in subsection (5) of
this section which occur on a military installation in this state and also include the
acceptance and payment of a penalty assessment under the provisions of section 42-4-1701
or under the similar provisions of any town or city ordinance and the entry of a judgment
or default judgment for a traffic infraction under the provisions of section 42-4-1701 or
42-4-1710 or under the similar provisions of any municipal ordinance.
(b) For the purposes of this article, a plea of no contest accepted by the court or the
forfeiture of any bail or collateral deposited to secure a defendant's appearance in court or
the failure to appear in court by a defendant charged with DUI, DUI per se, habitual user,
or UDD who has been issued a summons and notice to appear pursuant to section 42-4-1707
as evidenced by records forwarded to the department in accordance with the provisions of
section 42-2-124 shall be considered as a conviction.
(c) The provisions of paragraph (r) of subsection (5) of this section shall not be
applicable to violations of sections 42-2-115, 42-3-121, and 42-4-314.
(7) Upon the accumulation by a licensee of half as many points as are required for
suspension, the department may send such licensee a warning letter in accordance with
section 42-2-1 19 (2) or order a preliminary hearing, but the failure of the department to send
such warning letter or hold such preliminary hearing shall not be grounds for invalidating
the licensee's subsequent suspension as a result of accumulating additional points as long
as the suspension is carried out under the provisions of this section. Should a preliminary
hearing be ordered by the department and should the licensee fail to attend or show good
cause for failure to attend, the department may suspend such license in the same way as if
the licensee had accumulated sufficient points for suspension and had failed to attend such
suspension hearing.
(8) (a) Whenever the department's records show that a licensee has accumulated a
sufficient number of points to be subject to license suspension, the department shall notify
the licensee that a hearing will be held not less than twenty days after the date of the notice
Title 42 - page 97 Drivers* Licenses 42-2-127
to determine whether the licensee's driver' s license should be suspended. The notification
shall be given to the licensee in writing by regular mail, addressed to the address of the
licensee as shown by the records of the department.
(b) (I) If the department's records indicate that a driver has accumulated a sufficient
number of points to cause a suspension under subsection (1) of this section and the driver
is subject to a current or previous license restraint with a determined reinstatement date for
the same offense or conviction that caused the driver to accumulate sufficient points to
warrant suspension, the department may not order a point suspension of the license of the
driver unless the license or driving privilege of the driver was revoked pursuant to section
42-2-126 (3) (c).
(II) If the department does not order a point suspension against the license of a driver
because of the existence of a current or previous license restraint with a determined
reinstatement date under the provisions of subparagraph (I) of this paragraph (b), the
department shall utilize the points that were assessed against the driver in detennining
whether to impose any future license suspension if the driver accumulates any more points
against the driver's license.
(9) Repealed.
(10) Suspension hearings when ordered by the department shall be held at the district
office of the department closest to the residence of the licensee; except that all or part of the
hearing may, at the discretion of the department, be conducted in real time, by telephone or
other electronic means in accordance with section 42-1-218.5. A hearing delay shall be
granted by the department only if the licensee presents the department with good cause for
such delay. Good cause shall include absence from the state or county of residence, personal
illness, or any other circumstance which, in the department's discretion, constitutes
sufficient reason for delay. In the event that a suspension hearing is delayed, the department
shall set a new date for such hearing no later than sixty days after the date of the original
hearing.
(11) Upon such hearing, the department or its authorized agent may administer oaths,
issue subpoenas for the attendance of witnesses and the production of books and papers,
apply to the district court for the enforcement thereof by contempt proceedings, and require
a reexamination of the licensee.
(12) If at the hearing held pursuant to subsection (8) of this section it appears that the
record of the driver sustains suspension as provided in this section, the department shall
immediately suspend such driver's license, and such license shall then be surrendered to the
department. If at such hearing it appears that the record of the driver does not sustain
suspension, the department shall not suspend such license and shall adjust the accumulated-
point total accordingly. In the event that the driver's license is suspended, the department
may issue a probationary license for a period not to exceed the period of suspension, which
license may contain such restrictions as the department deems reasonable and necessary and
which may thereafter be subject to cancellation as a result of any violation of the restrictions
imposed therein. The department may also order any driver whose license is suspended to
take a complete driving reexamination. After such hearing, the licensee may appeal the
decision to the district court as provided in section 42-2-135.
(13) If the driver fails to appear at such hearing after proper notification as provided in
subsections (7) and (8) of this section and a delay or continuance has not been requested and
granted as provided in subsection (10) of this section, the department shall immediately
suspend the license of the driver. A driver who failed to appear may request a subsequent
hearing, but the request shall not postpone the effectiveness of the restraint.
(14) (a) (I) If mere is no other statutory reason for denial of a probationary license, any
individual who has had a license suspended by the department because of, at least in part,
a conviction of an offense specified in paragraph (b) of subsection (5) of this section may
be entitled to a probationary license pursuant to subsection (12) of this section for the
purpose of driving for reasons of employment, education, health, or alcohol and drug
education or treatment, but:
(A) If ordered by the court that convicted the individual, the individual shall be enrolled
in a program of driving education or alcohol and drug education and treatment certified by
42-2-127 Vehicles and Traffic Title 42 - page 98
the unit in the department of human services that administers behavioral health programs
and services, including those related to mental health and substance abuse; and
(B) If the individual is an interlock-restricted driver or is a persistent drunk driver, as
defined in section 42-1-102 (68.5), any probationary license shall require the use of an
approved ignition interlock device, as defined in section 42-2-132.5 (9) (a), and the time that
the individual holds a probationary license under this section shall be credited against the
time that the individual may be required to hold an interlock-restricted license pursuant to
section 42-2-132.5.
(II) A probationary license issued pursuant to this subsection (14) shall contain any
other restrictions as the department deems reasonable and necessary, shall be subject to
cancellation for violation of any such restrictions, including but not limited to absences
from alcohol and drug education or treatment sessions or failure to complete alcohol and
drug education or treatment programs, and shall be issued for the entire period of
suspension.
(d) The department may refuse to issue a probationary license if the department finds
that the driving record of the individual is such that the individual has sufficient points, in
addition to those resulting from the conviction referred to in this subsection (14), to require
the suspension or revocation of a license to drive on the highways of this state, or if the
department finds from the record after a hearing conducted in accordance with subsection
(12) of this section that aggravating circumstances exist to indicate the individual is unsafe
for driving for any purpose. In refusing to issue a probationary license, the department shall
make specific findings of fact to support such refusal.
(c) No district attorney shall enter into, nor shall any judge approve, a plea bargaining
agreement entered into solely for the purpose of permitting the defendant to qualify for a
probationary license under this subsection (14).
(15) (a) (I) Whenever the department receives notice that a person has twice been
convicted of, adjudicated for, or entered a plea of guilty or nolo contendere to a violation
of section 18-4-418, C.R.S., the department shall suspend the license of the person for a
period of six months.
(II) Whenever the department receives notice that a person has three or more times
been convicted of, adjudicated for, or entered a plea of guilty or nolo contendere to a
violation of section 18-4-418, C.R.S., the department shall suspend the license of the person
for a period of one year.
(b) Upon suspending the license of any person as required by this subsection (15), the
department shall immediately notify the licensee as provided in section 42-2-119 (2).
(c) Upon a licensee's receipt of the notice of suspension, the licensee or the licensee's
attorney may submit a written request to the department for a hearing. The department shall
hold a hearing not less than thirty days after receiving such request. The hearing shall be
conducted by a hearing commissioner appointed by the executive director of the depart-
ment, and shall be conducted in accordance with the provisions of section 24-4-105, C.R.S.
(d) If a driver who has had a license suspended under this subsection (15) is subse-
quently acquitted of such charge by a court of record, the department shall immediately, or
in any event no later than ten days after the receipt of notice of such acquittal, reinstate said
license.
Source: L. 94: Entire title amended with relocations, p. 2144, § 1, effective January 1,
1995. L. 95: (l)(a), (8), and (9)(a) amended, p. 1307, § 4, effective July 1. L. 96: (5)(f)(I)
amended, p. 637, § 2, effective May 1; (5)(f)(I), (5)(f)(H), (5)(f)(m), and (5)(f)(IV)
amended, p. 577, § 1, effective May 25; (5)(h) and (5)(1) amended and (5)(ff) added, p.
1357, § 4, effective July 1; (14)(a) amended, p. 1204, § 4, effective July 1. L. 97: (5.8)
added, p. 1670, § 4, effective June 5; (5)(b)(IV) added and (9)(a) amended, p. 1465, §§ 6,
7, effective July 1; (5)(v) amended and (5.5) to (5.7) added, p. 1385, § 4, effective July 1
L. 98: (5)(b)(IV) amended, p. 174, § 4, effective April 6. L. 99: (5)(gg), (5)(hh), and
(5)(ii) added, p. 1381, § 5, effective July 1; (5.6) amended, p. 368, § 4, effective August
4. L. 2000: (5)(f)(I), (5)(f)(II), (5)(f)(m), and (5)(f)(IV) amended and (5)(f)(IV.5) added, p.
683, § 3, effective July 1; (l)(a), (l)(b), (l)(c), and (2)(b) amended, p. 1355, § 27, effective
July 1, 2001. L. 2001: (9)(c) and (10) amended, p. 554, § 5, effective May 23; (14)(a)
Title 42 - page 99
Drivers* Licenses
42-2-127
amended, p. 787, § 5, effective June 1. L. 2002: (15) added, p. 1131, § 2, effective July
1. L. 2005: (5)(gg) amended and (5)(kk) added, p. 334, § 2, effective July 1; (5XS) added,
p. 268, § 2, effective August 8; (6)(c) amended, p. 1173, § 8, effective August 8. L. 2006:
(5)(c) amended, p. 173, § 6, effective July 1; (14)(a) amended, p. 1367, § 3, effective
January 1, 2007. L. 2008: (l)(a), (5)(b), (6)(b), (8)(b)(I), and (9)(a) amended, p. 246, § 9,
effective July 1; (9) repealed, p. 834, § 4, effective January 1, 2009. L. 2009: (l)(d) and
(13) amended, (HB 09-1234), ch. 91, p. 352, § 1, effective August 5; (5)(f)(VI), (5XfXVII),
and (5)(f)(Vm) added, (HB 09-1026), ch. 281, p. 1266, § 25, effective October 1. L. 2010:
(5)(e.5) added, (SB 10-204), ch. 243, p. 1080, § 1, effective May 21. L. 2011: (l)(d),
(8)(a), and (14)(aXI)(A) amended, (HB 11-1303), ch. 264, p. 1180, § 103, effective August
10. L. 2012: (14)(a)(I)(B) amended, (HB 12-1168), ch. 278, p. 1483, § 5, effective August
8.
Editor's note: (1) This section is similar to former § 42-2-123 as it existed prior to 1994, and
the former § 42-2-127 was relocated to § 42-2-135.
(2) Subsection (9)(a) was amended in House Bill 08-1166 but was superseded by the repeal of
subsection (9) in House Bill 08-1194, on January 1, 2009.
Cross references: For the legislative declaration contained in the 1999 act enacting subsections
(5)(gg), (5)(hh), and (5)(ii), see section 1 of chapter 334, Session Laws of Colorado 1999. For the
legislative declaration contained in the 2001 act amending subsection (14)(a), see section 1 of chapter
229, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act
repealing subsection (9), see section 1 of chapter 221, Session Laws of Colorado 2008.
ANNOTATION
Law reviews. For note, "The Effect of Land
Use Legislation on the Common Law of Nui-
sance in Urban Areas", see 36 Dicta 414 (1959).
For article, "The New Colorado Per Se DUI
Law", see 12 Colo. Law. 1451 (1983). For
article, "There Must Be Fifty Ways to Lose
Your (Driver's) License", see 22 Colo. Law.
2385 (1993).
Annotator's note. Since § 42-2-127 is sim-
ilar to 42-2-123 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1 and
to repealed § 13-4-23, C.R.S. 1963, and to
§ 13-3-24, CRS 53, relevant cases construing
these provisions have been included in the an-
notations to this section.
Portion of section authorizing suspension
of license held constitutional. Portion of this
section which grants the motor vehicle division
authority to suspend the driver's license of any
operator who has accumulated "twelve points
within any twelve consecutive months, or eigh-
teen points within any twenty-four consecutive
months" is not overbroad, vague, or indefinite.
Zaba v. Motor Vehicle Div.. 183 Colo. 335, 516
P.2d 634 (1973).
Portion of section severable. The portion of
this section dealing with suspension of licenses
is complete in itself and independent of the
portion of the statute dealing with probationary
licenses; the two provisions are severable.
Elizondo v. State, Dept. of Rev., 194 Colo. 113,
570 P.2d 518 (1977).
Classification of 18- to 21-year-olds not vi-
olative of equal protection. Where licensees
assert that they have been denied the equal
protection of the laws in violation of the four-
teenth amendment because Colorado allows
drivers in the age group of 18 to 21 years to
accumulate only eight points prior to suspen-
sion, while drivers over 21 years are allowed 12
points before their licenses are suspended, and
further assert that there is no reasonable rela-
tionship to the public health, safety, and welfare
of Colorado in the different treatment, statistical
analyses of all accidents in Colorado in 1973,
analyzed by age, fully justifies the different
treatment mandated by the general assembly,
and these figures clearly support the determina-
tion by the general assembly that drivers in the
lower age groups demand closer supervision, to
protect the public health and safety. Lopez v.
Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446
(1975).
Nonresident licensees assert that it is un-
reasonable for Colorado to treat them differ-
ently from their states of residence where they
are allowed the same driving privileges as older
drivers, but, as repeatedly pointed out, the use of
Colorado highways is a privilege strictly gov-
erned by statute, and it has not been demon-
strated that the general assembly was in any way
unreasonable or arbitrary in its classification.
Lopez v. Motor Vehicle Div., 189 Colo. 133, 538
P.2d 446 (1975).
Subsection (1 Ha) of this section is constitu-
tional Keegan v. State, 194 Colo. 325, 571 P.2d
1110 (1977).
Higher point allocation for chauffeurs not
unconstitutional. The legislative decision to ac-
cord chauffeurs as a class a higher point alloca-
42-2-127
Vehicles and Traffic
Title 42 -page 100
tion than that given to the "regular driver"
cannot be viewed as so lacking a reasonable
basis in fact as to render the statutory classifi-
cation constitutionally flawed Smith v. (Thames,
649 P.2d 1089 (Colo. 1982).
Statutes enacted by the general assembly in
the exercise of its police power must be
strictly construed and are not to be extended by
implication; accordingly, an operator's license,
once issued, is not to be revoked arbitrarily but
only in the manner provided by law. Cave v.
Colo. Dept. of Rev., 31 Colo. App. 185, 501 P.2d
479 (1972).
Revocation proceeding is civil. The admin-
istrative proceeding to revoke the driver's li-
cense of a habitual offender is a civil proceed-
ing. State v. Laughlin, 634 P.2d 49 (Colo. 1981).
This section does not constitute an unrea-
sonable exercise of the police power, since an
individual's right to use the highways of the
state is an adjunct of the constitutional right to
acquire, possess, and protect property. Zaba v.
Motor Vehicle Div., 183 Colo. 335,516P.2d634
(1973).
This section does not unconstitutionally
delegate legislative power. Since the overall
statutory scheme, of which the probationary li-
cense provision is a part, provides sufficient
general standards to guide its application and
contains adequate safeguards against adminis-
trative abuse, this section is not on its face an
unconstitutional delegation of legislative power.
Elizondo v. State, Dept. of Rev., 194 Colo. 113,
570 P.2d 518 (1977).
The words of this section are plain and
unambiguous. Edwards v. Motor Vehicle Div.,
33 Colo. App. 382, 520 P.2d 598 (1974).
This section is not unconstitutionally
vague. Perlmutter v. State, Dept. of Rev., 191
Colo. 517, 554 P.2d 691 (1976).
The obvious purpose of this section is to
protect the safety of the public. Perlmutter v.
State, Dept. of Rev., 191 Colo. 517, 554 P.2d
691 (1976).
The primary purpose of this section and sec-
tions §§ 42-2-121 and 42-2-122 is to protect the
public safety upon the highways. Heil v.
Charnes, 44 Colo. App. 225, 616 P.2d 980
(1980).
This section is designed to protect the welfare
and safety of the public and must be construed
to further that legislative purpose. Livengood v.
Dept. of Rev., 44 Colo. App. 431, 614 P2d 908
(1980).
Legislative intent Legislative history clearly
demonstrates that it was the intent of the general
assembly to authorize the motor vehicle division
to consider that period of time ending with the
date of the last violation involved. Zaba v. Mo-
tor Vehicle Div., 183 Colo. 335, 516 P.2d 634
(1973); Perlmutter v. State, Dept. of Rev., 191
Colo. 517, 554 P.2d 691 (1976).
The general assembly did not intend by this
section to empower the motor vehicle division
to delve back into the driving history of any
operator for the purpose of suspending his li-
cense. Zaba v. Motor Vehicle Div., 183 Colo.
335, 516 P.2d 634 (1973).
The legislative intent was to authorize two
suspensions in an instance where during the first
year the driver accumulated 12 points and in the
second year the driver accumulated 6 more
points. Perlmutter v. State, Dept. of Rev., 191
Colo. 517, 554 P.2d 691 (1976).
Suspension of license authorized upon ac-
cumulation of 12 points in one year. Subsec-
tion (1) authorizes the department of revenue to
suspend the license of any operator who has
been convicted of traffic violations resulting in
accumulation of 12 points in one year. Theobald
v. District Court, J48 Colo. 466, 366 P.2d 563
(1961); Markham v. Theobald, 152 Colo. 540,
383 P.2d 791 (1963).
The word "year*' must be interpreted as a
year tied to the expiration date of the license,
this being referred to as an "anniversary license
year". Markham v. Theobald, 152 Colo. 540,
383 P.2d 791 (1963).
Suspension of license authorized. This sec-
tion establishes a basic rule that any operator or
chauffeur is subject to license suspension if he is
convicted of traffic violations which result in the
accumulation of 12 points within any 12 con-
secutive months. Edwards v. Motor Vehicle
Div., 33 Colo. App. 382, 520 P.2d 598 (1974).
Section contains a limited exception for
chauffeurs which allows them to accumulate a
maximum of 16 points in one year subject,
however, to the proviso that "all such points are
accumulated while said chauffeur is in the
course of his employment". Edwards v. Motor
Vehicle Div., 33 Colo. App. 382, 520 P.2d 598
(1974).
Where all of the violations and the result-
ing points did not occur within the course of
chauffeur's employment, the 16-point excep-
tion is not applicable. Edwards v. Motor Vehicle
Div., 33 Colo. App. 382, 520 P.2d 598 (1974).
Thus, suspension of license not subject to
abuse of discretion. Where evidence is clear
and demonstrates that chauffeur has more than
enough points to justify suspension of license,
suspension of license is ministerial act, dis-
charge of which is not subject to abuse of dis-
cretion. Michels v. Motor Vehicle Div. of Dept.
of Rev., 32 Colo. App. 106, 506 P.2d 1243
(1973); Mitchell v. Charnes, 656 P.2d 719 (Colo.
App. 1982).
The suspension of drivers' licenses, being
based on a point system, involves no discretion
on the part of an administrator and therefore is
not subject to abuse of discretion. Elizondo v.
State, Dept. of Rev., 194 Colo. 113, 570 P.2d
518 (1977).
Title 42 - page 101
Drivers* Licenses
42-2-127
Suspension of license based upon the point
system is not subject to abuse of discretion.
Ryan v. Chames, 738 P.2d 1175 (Colo. 1987).
The department is authorized to suspend
the driver's license of any person who has
been "convicted" of traffic violations result-
ing in the accumulation of excessive points,
but points cannot be assessed until after "con-
viction" for such traffic violations. Jackson v.
Dept of Rev., 791 P.2d 1206 (Colo. App. 1990).
Department is vested with discretionary
authority to determine length of period of sus-
pension and whether to grant a probationary
license. Elkins v. Chames, 682 P.2d 70 (Colo.
App. 1984).
No violation of due process. Section 42-4-
1510 and this section give a licensee notice of
the ramifications of his failure to appear, and the
forfeiture of his bond for traffic violation charge
and due process requirements are satisfied. Lo-
pez v. Motor Vehicle Div., 189 Colo. 133, 538
P.2d 446 (1975).
Violation of § 42-4-1406 included in term
"leaving scene of accident*. The general as-
sembly intended that a violation of § 42-4-1406
be included within the meaning of the term
"leaving scene of accident" as used in this
section. Gammon v. State Dept of Rev., 32
Colo. App. 437, 513 P.2d 748 (1973).
Notification of nonresident offenders con-
stitutional. The methods used to notify pur-
ported nonresident traffic offenders are not so
unconstitutionally deficient as to violate equal
protection or due process rights. Klingbeil v.
State, Dept of Rev., 668 P.2d 930 (Colo. 1983).
Minimum standard mandated for use of
penalty assessment as conviction. Through the
provisions of § 42-2-121 (3), the general as-
sembly has mandated a minimum standard of
due process which must be followed before
payment of a penalty assessment may be used as
a conviction for purposes of suspension or re-
vocation of a driver's license pursuant to sub-
section (lXa). Stortz v. Colo. Dept of Rev., 195
Colo. 325, 578 P.2d 229 (1978).
Points not assessable. If a traffic violation
does not appear on the summons, and the of-
fender is not advised by the arresting officer in
reference to the points chargeable for the traffic
violation, points cannot be assessed against him
for that offense. Stortz v. Colo. Dept. of Rev.,
195 Colo. 325, 578 P.2d 229 (1978).
Summons need not reflect assessable
points. Where a conviction is the result of a
court appearance, not of a penalty assessment,
the summons need not reflect the number of
points to be assessed for the offense charged; the
statutory provision which requires that a sum-
mons reflect the number of points relates only to
penalty assessments under § 42-4-1 501 (4Xa).
Purcell v. Tomasi, 43 Colo. App. 540, 608 P.2d
844 (1980).
Due process requirements. Due process re-
quires that the department of revenue promul-
gate rules or regulations to guide hearing offi-
cers in their decisions regarding requests for
probationary licenses. These rules and regula-
tions must be sufficiently specific to inform the
public what factors will be considered relevant
by department hearing officers, and they must
require that hearing officers specifically state, in
each case where a probationary license is de-
nied, the reason for the denial. Elizondo v. State,
Dept. of Rev., 194 Colo. 113, 570 P.2d 518
(1977).
This section does not violate constitutional
guarantees of equal protection of the law,
even though a person whose driver's license was
suspended administratively through § 42-2-
122.1 could not receive a probationary license
and a person whose license was suspended as a
result of a criminal conviction in accordance
with this section could receive a probationary
license, because the court, after making a deter-
mination of whether persons allegedly subject to
disparate treatment by these sections were in
fact similarly situated, found that no classifica-
tion of persons similarly situated exists since
§ 42-2-122.1 involved an administrative sus-
pension as opposed to a suspension resulting
from a criminal conviction. Hancock v. State
Dept of Rev., 758 P.2d 1372 (Colo. 1988); Bath
v. State Dept. of Rev., 758 P.2d 1381 (Colo.
1988).
The date of conviction is the decisive date
from which the accumulated points are to be
counted. Markham v. Theobald, 152 Colo. 540,
383 P.2d 791 (1963).
The language of subsection (8) is manda-
tory. People v. Yount, 174 Colo. 462, 484 P.2d
1203 (1971).
Notice to nonresident offenders. The state is
not required to ascertain an out-of-state traffic
offender's permanent address prior to sending
him notification under subsection (8). Klingbeil
v. State, Dept. of Rev., 668 P.2d 930 (Colo.
1983).
One-year delay not bar to proceedings. A
one-year delay in commencing these adminis-
trative proceedings pursuant to this section does
not ipso facto constitute a bar to the hearing.
Berry v. Colo. Dept of Rev., 656 P.2d 721
(Colo. App. 1982).
The right to jury trial and the right to
confront witnesses are inapplicable in an ad-
ministrative hearing to determine whether a
driver* s license should be revoked for accumu-
lated traffic violations. Campbell v. State, 176
Colo. 202, 491 P.2d 1385 (1971).
Hearing officer is not required to make
findings as to validity of each conviction since
these are matter of record. Michels v. Motor
Vehicle Div. of Dept of Rev., 32 Colo. App.
106, 506 R2d 1243 (1973).
42-2-127
Vehicles and Traffic
Title 42 -page 102
Findings of fact necessary are that suffi-
cient points have accumulated to warrant
revocation of permit, that evidence offered in
mitigation of permit is not deemed sufficient to
justify exception, and that petitioner is not fit
person to operate motor vehicle. Michels v. Mo-
tor Vehicle Div. of Dept. of Rev., 32 Colo. App.
106, 506 P.2d 1243 (1973).
This provision is mandatory, and function
of hearing examiner in such situation is
purely ministerial. Michels v. Motor Vehicle
Div. of Dept. of Rev., 32 Colo. App. 106, 506
P.2d 1243 (1973).
The function of the hearing examiner in sus-
pension proceeding is purely ministerial, and the
strict rules of evidence followed in civil and
criminal actions are not applicable. Lopez v.
Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446
(1975).
A suspension order under this section is
subject to judicial review pursuant to § 42-2-
127. Theobald v. District Court, 148 Colo. 466,
366 P.2d 563 (1961).
Sole issue at revocation hearing is whether
requisite number of convictions are sus-
tained. The only issue to be determined at the
license revocation hearing is whether the li-
censee has sustained the requisite number of
convictions for specified traffic offenses within
the prescribed period of time, all as established
by statute. State v. Laughlin, 634 P.2d 49 (Colo.
1981).
The issues to be determined at the suspension
hearing pursuant to subsection (11) are whether
the defendant has accumulated the requisite
number of convictions within the time period
established in the statute to require suspension
and whether he would be granted a probationary
license. Thurber v. Charnes, 656 P.2d 702 (Colo.
1983).
Hearing officer must ensure record indi-
cates existence of requisite convictions. While
a hearing officer need not determine the validity
of a respondent's convictions, he must neverthe-
less, pursuant to his statutory authority under
subsection (l)(a), ensure that the record on its
face indicates the existence of the requisite con-
victions. Gurule v. State Dept. of Rev., 38 Colo.
App. 295, 558 P.2d 587 (1976).
Driver's history record is prima facie evi-
dence of conviction. The driver's history record
maintained by the department constitutes prima
facie evidence of conviction for the offenses
therein noted. Anadale v. Dept. of Rev., 656 P.2d
49 (Colo. App. 1982), overruled on other
grounds, 674 P.2d 372 (Colo. 1984).
In determining length of suspension and
whether to grant a probationary license, it
was not an error for hearing officer to follow
regulation which required hearing officer to base
his determination solely on driver's driving re-
cord and on the presence or absence of factors
specified in the regulation. Elkins v. Charnes,
682 P.2d 70 (Colo. App. 1984).
This initial presumption may be overcome
by evidence indicating that the official records
are insufficient to establish guilt. Anadale v.
Dept. of Rev., 656 P.2d 49 (Colo. App. 1982),
overruled on other grounds, 674 P.2d 372 (Colo.
1984).
Licensee may challenge mistakes in re-
cords but not relitigate guilt At the adminis-
trative hearing, it is the licensee's responsibility
to challenge alleged mistakes in the records of
the department as to his driving history, but he
may not relitigate the issue of guilt as to the
offenses shown on his record. State v. Laughlin,
634 P.2d 49 (Colo. 1981).
The defendant may not relitigate factual is-
sues of his guilt or the validity of his traffic
convictions. Thurber v. Charnes, 656 P.2d 702
(Colo. 1983).
Hearing officer may not ignore challenged
conviction. Even if a licensee has a meritorious
claim that an underlying conviction is not valid,
the department hearing officer cannot ignore the
conviction until it has been ruled invalid and set
aside by a court. State v. Laughlin, 634 P.2d 49
(Colo. 1981).
Where driving record clearly shows con-
victions in a court of law, licensee has had his
day in court, and in no case may he relitigate the
issue of guilt in the suspension hearing. Zaba v.
Motor Vehicle Div., 183 Colo. 335, 516 P.2d 634
(1973).
Separate suspensions may be imposed for
violations committed during the same period
where, at the time the first suspension was im-
posed, other charges were still being litigated
and had not resulted in convictions, since points
may be assessed and suspensions imposed only
following convictions. Howell v. Colo. Dept. of
Rev., 631 P.2d 1198 (Colo. App. 1981).
Proof of payment of money did not prove
conviction. Where plaintiff's chiving privileges
were suspended because she had allegedly ac-
cumulated 12 points against her driving record
within a 12-month period, but of these points,
four were based on an alleged conviction of a
charge of driving 41 miles per hour in a 30 mile
per hour zone in the city of Golden, a four-point
offense, and with respect to this charge, the
record indicated only that $15 was paid on
September 26, 1974, to the Golden municipal
court clerk, proof of payment of $15, even if it
were assumed that it had been to pay a fine, did
not prove that there was a conviction of the
offense for which plaintiff was ticketed.
Troutman v. Dept. of Rev., 38 Colo. App. 417,
571 P.2d 726 (1976).
Mere acceptance of penalty assessment is
not "conviction'* within the meaning of sub-
section (6)(a). Gillespie v. Dir. of Dept. of Rev.,
41 Colo. App. 561, 592 P.2d 418 (1978).
Title 42 - page 103
Drivers* Licenses
42-2-127
The general assembly decriminalized vari-
ous state law traffic violations in 1982, and, in
doing so, subsection (6)(a) was amended to
include as a "conviction" the entry of a judg-
ment or default judgment for a traffic infraction
under the provisions of § 42-4-1501 or 42-4-
1505.7. Jackson v. Dept. of Rev., 791 P.2d 1206
(Colo. App. 1990).
A default judgment entered by a municipal
court for a civil traffic infraction under mu-
nicipal law does not constitute a "conviction"
for purposes of assessing points and autho-
rizing a license suspension. The clause "or
under the similar provisions of any town or city
ordinance," which follows the provisions re-
garding penalty assessments under state law in
subsection (6)(a), does not follow the provisions
added in 1982 regarding judgments for civil
traffic infractions under state law. It cannot be
presumed that this omission was unintentional
or without significance. Jackson v. Dept. of
Rev., 791 P.2d 1206 (Colo. App. 1990) (decided
under law in effect prior to 1990 amendment).
Proof of knowledge of revocation order.
The prosecution is required to prove the element
of knowledge of the revocation order in a driv-
ing after judgment prohibited case, as mailing
notice of the order is only prima facie proof of
its receipt under subsection (12), and is not
conclusive. People v. Lesh, 668 P.2d 1362
(Colo. 1983).
The 60-day time limit under subsection
(12) is, on its face, directory and does not
create a mandatory requirement which, if not
met, will deprive the Department of all jurisdic-
tion to act. DiMarco v. Dept. of Rev., MVD, 857
P.2d 1349 (Colo. App. 1993).
Construing the pertinent time limitation to
be mandatory would divest the Department
of jurisdiction to suspend or revoke any li-
cense if that limitation were violated, even if no
prejudice was occasioned by such violation and,
absent explicit language revealing such, we de-
cline to assume that the general assembly in-
tended that an agency* s procedural mistake
should defeat the prime objective of the statute.
DiMarco v. Dept. of Rev., MVD, 857 P.2d 1349
(Colo. App. 1993).
Unlike the time limit for hearings under
§ 42-2-122.1 (7)(e), the 60-day time limit in
§ 42-2-123 (12) is not mandatory and, conse-
quently, if no claim of actual prejudice resulting
from the delay is established, the department
does not lose jurisdiction over the habitual of-
fender revocation proceedings or the points sus-
pension proceedings simply because the re-
quested hearing is scheduled beyond the 60-day
period. DiMarco v. Dept of Rev., MVD, 857
P.2d 1349 (Colo. App. 1993) (decided under law
in effect prior to 1994 amendment).
Probationary license must be issued unless
department makes finding of unfitness. Where
the department makes no finding that the appli-
cant for a probationary license is "unsafe for
driving for any purpose", and the basis for the
suspension is, at least in part, an alcohol-related
offense, subsection (13) requires the department
to grant the probationary license. In re Quay,
647 P.2d 693 (Colo. App. 1982).
Applicability of subsection (13). Subsection
(13) applies only to traffic offenses committed
on or after October 1, 1979, and not to acts of
the department in revoking or suspending a li-
cense. Dellovade v. Charnes, 633 P.2d 531
(Colo. App. 1981).
Subsection (13) inapplicable to plea-bar-
gained non-alcohol-related offense. A driver
may not plea-bargain an alcohol-related offense
to a non-alcohol-related offense, and thereafter
successfully assert the inconsistent position that
he is entitled to the protection of subsection
(13)(a), when seeking a probationary license.
Schmidt v. Colo. Dept. of Rev., 656 P.2d 710
(Colo. App. 1982).
In determining whether motorist's license
should be suspended, the length of that suspen-
sion, and whether a probationary license should
be granted, the department of revenue did not err
in considering both the municipal court convic-
tion and the traffic points resulting therefrom
Puller v. Colo. Dept. of Rev., 43 Colo. App. 404,
610 P.2d 1078 (1979).
Enforcement of violations of municipal
traffic laws is separate and distinct from en-
forcement of violations of state traffic laws,
although a municipal ordinance may be pat-
terned after comparable state law provisions.
Jackson v. Dept. of Rev., 791 P.2d 1206 (Colo.
App. 1990).
Applicant's need for probationary license
is one factor. The need of an applicant for a
probationary license during a period of suspen-
sion is only one factor to be considered by the
hearing officer, and it was not error for hearing
officer to deny a probationary license based on
applicant's repeated driving convictions. Fisher
v. Jorgensen, 674 P.2d 1003 (Colo. App. 1983).
The benefits of amendatory legislation do
not apply to driver's license revocation pro-
ceedings because revocation of a driver's li-
cense is a civil, not criminal, matter. Dellovade
v. Charnes, 633 P.2d 531 (Colo. App. 1981).
The general rule in civil proceedings regard-
ing amendatory legislation is that civil liability
already incurred may not be changed by statute
unless specifically so provided by the general
assembly. Dellovade v. Charnes, 633 P.2d 531
(Colo. App. 1981).
Basis for suspensions. Where, in the 24-
month period preceding April 16, 1972, the date
on which appellant committed traffic violations
for which he was subsequently convicted, the
only points accumulated by him were during the
four months ending with April 16, 1972, the
only possible basis for his first suspension was
the acquisition of 12 points during the 12-month
42-2-127.3
Vehicles and Traffic
Title 42 -page 104
period ending with April 16, 1972, and where,
during the year immediately succeeding April
16, 1972, he was awarded 7 more points, he was
subject to a second suspension of his license for
18 or more points resulting from violations oc-
curring in a 24-month period. Perlmutter v.
State, Dept. of Rev.,191 Colo. 517, 554 P.2d 691
(1976).
The language of subsection (13)(a) is un-
ambiguous and the denial by the department of
revenue of plaintiff's application for a second
probationary license was proper because issu-
ance of a second probationary license within a
five-year period is prohibited regardless of
whether alcohol-related offenses were involved.
Howard v. Colo. Dept. of Rev., 680 P.2d 1336
(Colo. App. 1984).
Section permits no "grace period" within
which a person whose license has previously
been suspended may operate a motor vehicle
without concern for the effect such earlier vio-
lations may have on his right to continue to
drive. Livengood v. Dept. of Rev., 44 Colo. App.
431, 614 P.2d 908 (1980).
Only in original suspension hearing may
department grant probationary license, and
such discretion may not be exercised under pro-
ceedings concerned with the renewal or exten-
sion of a period of suspension under § 42-2-130
(3). Ewing v. Motor Vehicle Div., 624 P.2d 353
(Colo. App. 1980).
Suspensions ending seven years prior in
time not considered in probationary license
hearing. For the purpose of examining one's
driving history in appraising an application for a
probationary license, the department may not
consider any suspension in which the ordered
period has ended prior to seven years before the
hearing. Edwards v. State, Dept. of Rev., 42
Colo. App. 52, 592 P.2d 1345 (1978).
Department may allow review of seven-
year record when processing probationary
license. The department has not exceeded its
authority by allowing the hearing officer to con-
sider the licensee's record for a period of seven
years when processing a probationary license
request even though this section sets 24 months
as the maximum period for which point accu-
mulations are to be examined in determining
whether a license should be suspended. Peshel v.
Motor Vehicle Div., 43 Colo. App. 58, 602 P.2d
875 (1979).
Validity of probationary license. A proba-
tionary license, issued during a period of sus-
pension, is valid until the licensee pays the
restoration fee to get back his driver's license
because the period of suspension continues until
the restoration fee is paid, unless the expiration
date of the probationary license is noted on that
license. Seigneur v. Motor Vehicle Div., 674
P.2d 967 (Colo. App. 1983).
Review of denial of probationary license
limited. Where there is competent evidence to
support the hearing officer's findings of aggra-
vating circumstances and lack of mitigating cir-
cumstances and, therefore, to sustain the denial
of a probationary license, further review of the
soundness of that denial is precluded. Sonoda v.
State, 664 P.2d 259 (Colo. App. 1983).
Failure to make findings of fact relating to
denial of application for probationary license
for work-related driving is improper. Isberg v.
State, Dept. of Rev., 670 P.2d 29 (Colo. App.
1983).
"Employment", as used in subsection (13),
means a compensated position is applied in
Braddock v. State, 679 P.2d 120 (Colo. App.
1984).
Where the evidence before the motor vehi-
cle division did not support its findings, it
abused its discretion. Gurule v. State Dept. of
Rev., 38 Colo. App. 295, 558 P.2d 587 (1976).
When decision reversed. Where the hearing
officer made his decision without the guidance
of any articulated standards in the form of rules
or regulations, there is no basis upon which a
reviewing court can determine whether or not
the officer abused his discretion, and decision
must be reversed. Friedman v. Motor Vehicle
Div. of Dept. of Rev., 194 Colo. 228, 571 P.2d
1086 (1977).
Applied in Duenas-Rodriguez v. Indus.
Comm'n, 199 Colo. 95, 606 P.2d 437 (1980);
People v. McKnight, 200 Colo. 486, 617 P.2d
1178 (1980); People v. Hampton, 619 P.2d 48
(Colo. 1980); Briner v. Charnes, 10 Bankr. 850
(Bankr. D. Colo. 1981); Tomasi v. Thompson,
635 P.2d 538 (Colo. 1981); Martinez v. Indus.
Comm'n, 632 P.2d 1044 (Colo. App. 1981);
Colo. Dept. of Rev. v. Smith, 640 P.2d 1143
(Colo. 1982); City of Greenwood Vffl. v. Flem-
ing, 643 P.2d 511 (Colo. 1982); Downey v.
Dept. of Rev., 653 P.2d 72 (Colo. App 1982);
Hedstrom v. Motor Vehicle Div., 662 P.2d 173
(Colo. 1983); DeScala v. Motor Vehicle Div.,
667 P.2d 1360 (Colo. 1983).
42-2-127 3.
pealed)
Authority to suspend license - controlled substance violations. (Re-
Source: L. 2002: Entire section added, p. 1583, § 15, effective July 1. L. 2003: (l)(b)
amended, p. 2690, § 8, effective July 1. L. 2009: Entire section repealed, (HB 09-1266),
ch. 347, p. 1817, § 9, effective August 5.
Title 42 - page 105 Drivers' Licenses 42-2-127.6
42-2-127.4. Authority to suspend license - forgery of a penalty assessment notice
issued to minor under the age of eighteen years. (Repealed)
Source: L. 2004: Entire section added, p. 1330, § 1, effective July 1, 2005. L. 2006:
(l)(a) amended, p. 1509, § 63, effective June 1. L. 2009: Entire section repealed, (HB
09-1266), ch. 347, p. 1818, § 10, effective August 5.
42-2-127.5. Authority to suspend license - violation of child support order.
(1) The department shall suspend the license of any driver who is not in compliance with
a child support order pursuant to the provisions of this section.
(2) Upon receipt of a notice of failure to comply from the state child support
enforcement agency pursuant to section 26-13-123 (4), C.R.S., the department shall send
written notice to the person identified in the court order that such person shall he required
to provide the department with proof of compliance with the child support order. Such proof
shall he in the form of a notice of compliance as defined in section 26-13-123 (1) (c), C.R.S.
(3) (a) If a notice of compliance is not received by the department within thirty days
after the date written notice is sent pursuant to subsection (2) of this section, the department
shall suspend the driver's license of the person from whom proof is required and may not
reinstate such license until proof in the form of a notice of compliance is provided.
(b) The driver shall not have a right to a hearing before license suspension pursuant to
this subsection (3), and the driver's right to any hearing shall be limited to the rights set
forth in section 26-13-123, C.R.S.
(4) In the event that a driver's license is suspended pursuant to subsection (3) of this
section, the department may issue a probationary license for a period not to exceed ninety
days from the date of issuance, which probationary license shall restrict the driver to driving
to and from the place of employment or to performing duties within the course of the
driver's employment. The department is authorized to charge a fee for such probationary
license that covers the direct and indirect costs of issuing the license. The department may
not issue a probationary license to an individual unless at the time of license restraint such
individual has a valid driver's privilege and has no outstanding judgments or warrants
issued against such individual pursuant to the requirements of section 42-2-118 (3).
(5) Repealed.
Source: L. 95: Entire section added, p. 588, § 2, effective July 1. L. 96: (4) amended,
p. 1205, § 5, effective July 1. L. 98: (5) repealed, p. 768, § 20, effective July 1.
42-2-127.6. Authority to suspend license - providing alcohol to an
person. (1) (a) Whenever the department receives notice that a person, other than a
business licensed pursuant to article 46, 47, or 48 of title 12, C.R.S., or an employee or
agent of the business acting in the scope of his or her employment, has been convicted of
an offense pursuant to section 12-47-901 (1) (a.5) or (1) (k), C.R.S., the department shall
immediately suspend the license of the person for a period of not less than six months.
(b) For purposes of this subsection (1), a person has been convicted when the person
has been found guilty by a court or a jury, entered a plea of guilty or nolo contendere, or
received a deferred sentence for an offense.
(2) (a) Upon suspension of a person's license as required by this section, the depart-
ment shall immediately notify the person as provided in section 42-2-119 (2).
(b) Upon receipt of the notice of suspension, the person or the person's attorney may
request a hearing in writing. The department shall hold a hearing not less than thirty days
after receiving the request through a hearing commissioner appointed by the executive
director of the department, which hearing shall be conducted in accordance with the
provisions of section 24-4-105, C.R.S. The hearing shall be held at the district office of the
department closest to the residence of the person; except that all or part of the hearing may,
at the discretion of the department, be conducted in real time by telephone or other
electronic means in accordance with section 42-1-218.5, unless the person requests to
appear in person at the hearing. After the hearing, the person may appeal the decision of the
42-2-127.7 Vehicles and Traffic Title 42 - page 106
department to the district court as provided in section 42-2-135. If a person who has had a
license suspended under this section is subsequently acquitted of the conviction that
required the suspension by a court of record, the department shall immediately, in any event
not later than ten days after the receipt of the notice of acquittal, reinstate said license to the
person affected, unless the license is under other restraint.
(3) (a) If there is no other statutory reason for denial of a probationary license, a person
who has had a license suspended by the department because of, in whole or in part, a
conviction of an offense specified in subsection (1) of this section shall be entitled to a
probationary license for the purpose of driving for reasons of employment, education,
health, or compliance with the requirements of probation. Such a probationary license shall:
(1) Contain any other restrictions the department deems reasonable and necessary;
(II) Be subject to cancellation for violation of any such restrictions; and
(HI) Be issued for the entire period of suspension.
(b) The department may refuse to issue a probationary license if the department finds
that the driving record of the person is such that the person has sufficient points to require
the suspension or revocation of a license to drive on the highways of this state pursuant to
section 42-2-127 or if the department finds from the record after a hearing conducted in
accordance with this section mat aggravating circumstances exist to indicate the person is
unsafe for driving for any purpose. In refusing to issue a probationary license, the
department shall make specific findings of fact to support the refusal.
Source: L. 2005: Entire section added, p. 602, § 1, effective July 1.
42-2-127.7. Authority to suspend driver's license - uninsured motorists - legislative
declaration. (1) The general assembly hereby finds, determines, and declares that the
purpose of this section is to induce and encourage all motorists to provide for their financial
responsibility for the protection of others and to assure the widespread availability to the
insuring public of insurance protection against financial loss caused by negligent, finan-
cially irresponsible, motorists.
(2) (a) The department may suspend the driver's license of any person upon its
determination that the person drove a vehicle in this state without having in full force and
effect a complying policy or certificate of self-insurance as required by sections 10-4-619
and 10-4-624, C.R.S., as follows:
(I) Upon the first determination that a person operated a motor vehicle in this state
without having in full force and effect a complying policy or certificate of self-insurance as
required pursuant to section 10-4-619 or 10-4-624, C.R.S., the department shall suspend the
driver's license of a person until the person furnishes proof of financial responsibility, as
defined in section 42-7-103 (14), in the manner contemplated by section 42-7-301 (1), in the
amount specified in section 10-4-620, C.R.S.
(II) Upon the second determination that the person operated a motor vehicle in this state
without having in full force and effect a complying policy or certificate of self-insurance as
required by sections 10-4-619 and 10-4-624, C.R.S., within five years, the department shall
suspend the person's driver's license for a period of four months.
(III) Upon the third or subsequent determination that the person operated a motor
vehicle in mis state without having in full force and effect a complying policy or certificate
of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the department
shall suspend the person's driver's license for a period of eight months.
(b) The department shall make a determination of such facts on the basis of the
documents and affidavit of a law enforcement officer as specified in subsection (3) of this
section, and this determination shall be final unless a hearing is requested and held as
provided in subsection (7) of this section.
(c) The determination of the facts specified in this subsection (2) by the department is
independent of the suspension taken under article 7 of this title.
(d) For purposes of this section, "license" includes any driving privilege.
(3) Whenever a law enforcement officer determines, by checking the motorist insurance
identification database created in section 42-7-604, and by any other means authorized by
law, that a driver violates section 42-4-1409 by not having a complying policy or certificate
Title 42 - page 107 Drivers' Licenses 42-2-127.7
of self-insurance in full force and effect as required by sections 10-4-619 and 10-4-624,
C.R.S., the law enforcement officer making such determination shall forward to the
department an affidavit that includes a statement of the officer's probable cause that the
person committed such violation, and a copy of the citation and complaint, if any, filed with
the court. The affidavit shall be dated, signed, and sworn to by the law enforcement officer
under penalty of perjury, but need not be notarized or sworn to before any other person.
(4) (a) Upon receipt by the department of the affidavit of the law enforcement officer
and the relevant documents required by subsection (3) of this section, the department shall
make the determination described in subsection (2) of this section. The determination shall
be based upon the information contained in the affidavit and the relevant documents. If the
department determines that the person is subject to license suspension, the department may
issue a notice of suspension if such notice has not already been served upon the person by
the law enforcement officer as required in subsection (5) of this section.
(b) The notice of suspension sent by the department shall be mailed in accordance with
the provisions of section 42-2-119 (2) to the person at the last-known address shown on the
department's records, if any, and to any address provided in the law enforcement officer's
affidavit if that address diners from the address of record. The notice shall be deemed
received three days after mailing.
(c) The notice of suspension shall clearly specify the reason and statutory grounds for
the suspension, the effective date of the suspension, the right of the person to request a
hearing, the procedure for requesting a hearing, and the date by which that request for a
hearing must be made. The notice shall also state that the person may avoid suspension by
filing with the department proof of financial responsibility for the future, or by compliance
with section 42-7-302 on the first determination. For subsequent offenses, a person's
driver's license shall be suspended in accordance with the provisions of subsection (2) of
this section. If the person files proof of financial responsibility for the future, such proof of
financial responsibility for the future shall be maintained for three years from the date such
proof of financial responsibility for the future is received by the department and after any
applicable suspension period.
(d) If the department determines that the person is not subject to license suspension:
(I) The department shall notify the person of its determination and shall rescind any
order of suspension served upon the person by the law enforcement officer;
(II) (A) The person whose driver's license was taken possession of by a law enforce-
ment officer pursuant to this section may obtain such license by the payment of a fee of five
dollars to the department.
(B) Notwithstanding the amount specified for the fee in sub-subparagraph (A) of this
subparagraph (II), the executive director of the department by rule or as otherwise provided
by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3),
C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the
fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department by rule or as otherwise provided by law may increase
the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(5) (a) Whenever a law enforcement officer determines, by checking the motorist
insurance identification database created in section 42-7-604, and by any other means
authorized by law, that a driver violates section 42-4-1409 by not having a complying policy
or certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S., the
officer, acting on behalf of the department, may serve the notice of suspension personally
on such driver. If the law enforcement officer serves the notice of suspension, the officer
shall take possession of any driver's license issued by this state or any other state that is held
by the person. When the officer takes possession of a valid license, the officer, acting on
behalf of the department, shall issue a temporary permit that is valid for seven days after
its date of issuance.
(b) A copy of the completed notice of suspension form, a copy of any completed
temporary permit form, and any driver's, minor driver's, or temporary driver's license or
any instruction permit taken into possession under this section shall be forwarded to the
department by the law enforcement officer along with the affidavit and documents required
in subsections (2) and (3) of this section.
42-2-127.7 Vehicles and Traffic Title 42 - page 108
(c) The department shall provide forms for notice of suspension and for temporary
permits to law enforcement agencies. The department shall establish a format for the
affidavits required by this section and shall give notice of such format to all law enforce-
ment agencies which submit affidavits to the department. Such law enforcement agencies
shall follow the format determined by the department.
(d) A temporary permit may not be issued to any person who is already driving with a
temporary permit issued pursuant to paragraph (a) of this subsection (5).
(6) (a) The license suspension shall become effective seven days after the subject
person has received the notice of suspension as provided in subsection (5) of this section or
is deemed to have received the notice of suspension by mail as provided in subsection (4)
of this section unless the person files with the department proof of financial responsibility
for the future or complies with section 42-7-302 prior to the effective date of the suspension.
If the person files proof of financial responsibility for the future, such proof of financial
responsibility for the future must be maintained for three years from the date such proof of
financial responsibility for the future is received by the department. If a written request for
a hearing and evidence of current liability insurance in the respondent's name is received
by the department within that same seven-day period, the effective date of the suspension
shall be stayed until a final order is issued following the hearing; except that any delay in
the hearing that is caused or requested by the subject person or counsel representing that
person shall not result in a stay of the suspension during the period of delay.
(b) The period of license suspension under paragraph (a) of subsection (2) of this
section shall be for an indefinite period. The person may reinstate at any time by complying
with section 42-7-302 or by filing with the department proof of financial responsibility for
the future and paying the required reinstatement fee pursuant to section 42-2-132. If the
person files proof of financial responsibility for the future, such proof of financial respon-
sibility for the future must be maintained for three years from the date such proof of
financial responsibility for the future is received by the department.
(7) (a) Any person who has received a notice of suspension may make a written
request for a review of the department's determination at a hearing. The request may be
made on a form available at each office of the department. Evidence of current liability
insurance in the respondent's name and the person* s driver's license, if the license has not
been previously surrendered, shall be submitted at the time the request for a hearing is
made.
(b) The request for a hearing shall be made in writing within seven days after the day
the person received the notice of suspension as provided in subsection (5) of this section or
is deemed to have received the notice by mail as provided in subsection (4) of this section.
If written request for a hearing and evidence of current liability insurance in the respon-
dent's name is not received within the seven-day period, the right to a hearing is waived,
and the determination of the department that is based upon the documents and affidavit
required by subsections (2) and (3) of this section becomes final.
(c) If a written request for a hearing is made after expiration of the seven-day period
and if it is accompanied by the applicant's verified statement explaining the failure to make
a timely request for a hearing, the department shall receive and consider the request. If the
department finds that the person was unable to make a timely request due to lack of actual
notice of the suspension or due to factors of physical incapacity such as hospitalization or
incarceration, the department shall waive the period of limitation, reopen the matter, and
grant the hearing request upon receipt of evidence of current liability insurance in the
respondent's name. In such a case, a stay of the suspension pending issuance of the final
order following the hearing shall not be granted.
(d) At the time the request for a hearing is made, if it appears from the record that the
person is the holder of a valid driver's or minor driver's license or any instruction permit
issued by this state or temporary permit issued pursuant to subsection (5) of this section and
that the license has been surrendered as required pursuant to subsection (5) of this section,
the department shall issue a temporary permit upon the receipt of evidence of current
liability insurance in the respondent's name. The temporary permit will be valid until the
scheduled date for the hearing. If necessary, the department may later issue an additional
Tide 42 - page 109 Drivers' Licenses 42-2-127.7
temporary permit or permits in order to stay the effective date of the suspension until the
final order is issued following the hearing, as required by subsection (6) of this section.
(e) (I) The hearing shall be scheduled to be held as quickly as practicable but not more
than sixty days after the day that the request for a hearing is received by the department;
except that, if a hearing is rescheduled because of the unavailability of the hearing officer
in accordance with subparagraph (II) of this paragraph (e), the hearing may be rescheduled
more than sixty days after the day that the request for the hearing is received by the
department, and the department shall continue any temporary driving privileges held by the
respondent until the date that such hearing is rescheduled. The department shall provide a
written notice of the time and place of the hearing to the respondent in the manner provided
in section 42-2-119 (2) at least ten days prior to the scheduled or rescheduled hearing,
unless the parties agree to waive this requirement. Notwithstanding the provisions of section
42-2-119, the last-known address of the respondent for purposes of notice for any hearing
pursuant to this section shall be the address stated on the hearing request form.
(II) If a hearing officer cannot appear at any original or rescheduled hearing because of
medical reasons, another administrative hearing, or any other legitimate just cause, such
hearing officer or the department may reschedule the hearing at the earliest possible time
when the hearing officer will be available.
(f) If a hearing is held pursuant to this subsection (7), the department shall review the
matter and make a final determination on the basis of the documents and affidavit submitted
to the department pursuant to subsections (2) and (3) of this section. The law enforcement
officer who submitted the affidavit need not be present at the hearing. The department shall
consider all other relevant evidence at the hearing, including the reports of law enforcement
officers that are submitted to the department. The reports of law enforcement officers shall
not be required to be made under oath, but such reports shall identify the officers making
the reports. The department may consider evidence contained in affidavits from persons
other than the respondent, so long as such affidavits include the affiant's home or work
address and telephone number and are dated, signed, and sworn to by the affiant under
penalty of perjury. The affidavit need not be notarized or sworn to before any other person.
The respondent must present evidence in person.
(8) (a) The hearing shall be held in the district office of the department closest to the
residence of the driver; except that all or part of the hearing may, at the discretion of the
department, be conducted in real time, by telephone or other electronic means in accordance
with section 42-1-218.5. The person requesting the hearing may be referred to as the
respondent.
(b) The presiding hearing officer shall be the executive director of the department or an
authorized representative designated by the executive director. The presiding hearing officer
shall have authority to administer oaths and affirmations; to consider the affidavit of the law
enforcement officer filing such affidavit as specified in subsection (3) of this section; to
consider other law enforcement officers' reports that are submitted to the department, which
reports need not be under oath but shall identify the officers making the reports; to examine
and consider documents and copies of documents containing relevant evidence; to consider
other affidavits that are dated, signed, and sworn to by the affiant under penalty of perjury,
which affidavits need not be notarized or sworn to before any other person but shall contain
the affiant's home or work address and telephone number, to take judicial notice as defined
by rule 201 of article II of the' Colorado rules of evidence, subject to the provisions of
section 24-4-105 (8), C.R.S., which shall include judicial notice of general, technical, or
scientific facts within the hearing officer's knowledge; to compel witnesses to testify or
produce books, records, or other evidence; to examine witnesses and take testimony; to
receive and consider any relevant evidence necessary to properly perform the hearing
officer's duties as required by this section; to issue subpoenas duces tecum to produce
books, documents, records, or other evidence; to issue subpoenas for the attendance of
witnesses; to take depositions, or cause depositions or interrogatories to be taken; to
regulate the course and conduct of the hearing; and to make a final ruling on the issues.
(c) (I) When a license is suspended under paragraph (a) of subsection (2) of this
section, the sole issue at the hearing shall be whether by a preponderance of the evidence
the person drove a vehicle in this state without having in force a complying policy or
42-2-128 Vehicles and Traffic Title 42 - page 110
certificate of self-insurance as required by sections 10-4-619 and 10-4-624, C.R.S. If the
presiding hearing officer finds the affirmative of the issue, the suspension order shall be
sustained. If the presiding hearing officer finds the negative of the issue, the suspension
order shall be rescinded.
(II) Under no circumstances shall the presiding hearing officer consider any issue not
specified in this paragraph (c).
(d) The hearing shall be recorded. The decision of the presiding hearing officer shall be
rendered in writing, and a copy shall be provided to the person who requested the hearing.
(e) If the person who requested the hearing fails to appear without just cause, the right
to a hearing shall be waived, and the determination of the department which is based upon
the documents and affidavit required in subsections (2) and (3) of this section shall become
final.
(9) (a) Within thirty days of the issuance of the final determination of the department
under this section, a person aggrieved by the determination shall have the right to file a
petition for judicial review in the district court in the county of the person's residence.
(b) The review shall be on the record without taking additional testimony. If the court
finds that the department exceeded its constitutional or statutory authority, made an
erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a
determination which is unsupported by the evidence in the record, the court may reverse the
department's determination.
(c) The filing of a petition for judicial review shall not result in an automatic stay of the
suspension order. The court may grant a stay of the order only upon motion and hearing and
upon a rinding that there is a reasonable probability that the petitioner will prevail upon the
merits and that the petitioner will suffer irreparable harm if the order is not stayed.
(10) The "State Administrative Procedure Act", article 4 of title 24, C.R.S., shall apply
to this section to the extent it is consistent with subsections (7), (8), and (9) of this section
relating to administrative hearings and judicial review.
(11) This section shall take effect when the motorist insurance identification database,
created in section 42-7-604, has been developed and is operational, but not later than
January 1, 1999.
Source: L. 97: Entire section added, p. 1452, § 9, effective July 1. L. 98: (4)(d)(H)
amended, p. 1353, § 98, effective June 1. L. 2000: (5)(b) and (7)(d) amended, p. 1356,
§ 28, effective July 1, 2001. L. 2001: (8)(a) amended, p. 555, § 6, effective May 23.
L. 2003: (2)(a), (3), (5)(a), and (8)(c)(I) amended, p. 1572, § 11, effective July 1. L. 2004:
(2)(a) and (4)(c) amended, p. 792, § 2, effective January 1, 2005.
42-2-128. Vehicular homicide - revocation of license. The department shall revoke
the driver's license of any person convicted of vehicular homicide, including the driver's
license of any juvenile who has been adjudicated a delinquent upon conduct which would
establish the crime of vehicular homicide if committed by an adult.
Source: L. 94: Entire title amended with relocations, p. 2151, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1201 as it existed prior to 1994, and the
former § 42-2-128 was relocated to § 42-2-136.
Cross references: For vehicular homicide, see § 18-3-106; for provision that the operation of
vehicles and the movement of pedestrians pursuant to this section apply upon streets and highways
and elsewhere throughout the state, see § 42-4-103 (2)(b).
ANNOTATION
Annotator's note. Since § 42-2-128 is sim- 94-1, a relevant case construing that provision
ilar to § 42-4-1201 as it existed prior to the has been included with the annotations to this
1994 amending of title 42 as enacted by SB section.
Title 42 - page 111 Drivers' Licenses , 42-2-131.5
Applied in State, Motor Vehicle Div. v.
Dayhoff, 199 Colo. 363, 609 P.2d 119 (1980).
42-2-129. Mandatory surrender of license or permit for driving under the influ-
ence or with excessive alcoholic content Upon a plea of guilty or nolo contendere, or
a verdict of guilty by the court or a jury, to DUI, DUI per se, or habitual user, or, for a person
under twenty-one years of age, to DUI, DUI per se, DWAI, habitual user, or UDD, the court
shall require the offender to immediately surrender the offender's driver's, minor driver's,
or temporary driver's license or instruction permit to the court. The court shall forward to
the department a notice of plea or verdict, on the form prescribed by the department,
together with the offender's license or permit, not later than ten days after the surrender of
the license or permit. Any person who does not immediately surrender the license or permit
to the court, except for good cause shown, commits a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2151, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 1465, § 8, effective July 1. L. 2000: Entire
section amended, p. 1356, § 29, effective July 1, 2001. L. 2008: Entire section amended,
p. 248, § 10, effective July 1.
Editor's note: This section is similar to former § 42-2-123.3 as it existed prior to 1994, and the
former § 42-2-129 was relocated to § 42-2-137.
Cross references: For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701
(3)(a)(H).
42-2-130. Mandatory surrender of license or permit for drug convictions. (Re-
pealed.)
Source: L. 94: Entire title amended with relocations, p. 2151, § 1, effective January 1,
1995. L. 98: Entire section amended, p. 1436, § 8, effective July 1. L. 2000: Entire
section amended, p. 1356, § 30, effective July 1, 2001. L. 2002: Entire section amended,
p. 1586, § 18, effective July 1. L. 2009: Entire section repealed, (HB 09-1266), ch. 347,
p. 1819, § 11, effective August 5.
42-2-131. Revocation of license or permit for failing to comply with a court order
relating to nondriving alcohol convictions. Upon a plea of guilty or nolo contendere or
a verdict of guilty by the court or a jury to an offense under section 12-47-901 (1) (b) or (1)
(c) or 18-13-122 (2), C.R.S., or any counterpart municipal charter or ordinance offense to
such section and upon a failure to complete an alcohol evaluation or assessment, an alcohol
education program, or an alcohol treatment program ordered by the court in connection with
such plea or verdict, the court shall forward to the department a notice of plea or verdict or
such failure to complete on the form prescribed by the department. Any revocation pursuant
to section 42-2-125 (1) (m) shall begin when the department gives notice of the revocation
to the person in accordance with section 42-2-119 (2).
Source: L. 94: Entire title amended with relocations, p. 2152, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 928, § 1, effective May 21. L. 2009: Entire
section amended, (HB 09-1266), ch. 347, p. 1820, § 12, effective August 5.
Editor's note: This section is similar to former § 42-2-123.7 as it existed prior to 1994, and the
former § 42-2-131 was relocated to § 42-2-139.
42-2-131.5. Revocation of license or permit for convictions involving defacing
property. (Repealed)
Source: L. 97: Entire section added, p. 1538, § 7, effective July 1. L. 2000: Entire
section amended, p. 1357, § 31, effective July 1, 2001. L. 2009: Entire section repealed,
(HB 09-1266), ch. 347, p. 1820, § 13, effective August 5.
42-2-132 Vehicles and Traffic Title 42 - page 112
42-2-132. Period of suspension or revocation. (1 ) The department shall not suspend
a driver's or minor driver's license to drive a motor vehicle on the public highways for a
period of more than one year, except as permitted under section 42-2-138 and except for
noncompliance with the provisions of subsection (4) of this section or section 42-7-406, or
both.
(2) (a) (I) Any person whose license or privilege to drive a motor vehicle on the public
highways has been revoked is not entitled to apply for a probationary license, and, except
as provided in sections 42-2-125, 42-2-126, 42-2-132.5, 42-2-138, 42-2-205, and 42-7-406,
the person is not entitled to make application for a new license until the expiration of one
year from the effective date of the revocation; then the person may make application for a
new license as provided by law.
(II) (A) Following the period of revocation set forth in this subsection (2), the
department shall not issue a new license unless and until it is satisfied that the person has
demonstrated knowledge of the laws and driving ability through the appropriate motor
vehicle testing process and that the person whose license was revoked pursuant to section
42-2-125 for a second or subsequent alcohol- or drug-related driving offense has completed
not less than a level II alcohol and drug education and treatment program certified by the
unit in the department of human services that administers behavioral health programs and
services, including those related to mental health and substance abuse, pursuant to section
42-4-1301.3.
(B) If the person was determined to be in violation of section 42-2-126 (3) (a) and the
person had a BAC that was 0.17 or more at the time of driving or within two hours after
driving, or if the person's driving record otherwise indicates a designation as a persistent
drunk driver as defined in section 42-1-102 (68.5), the department shall require the person
to complete a level II alcohol and drug education and treatment program certified by the unit
in the department of human services that administers behavioral health programs and
services, including those related to mental health and substance abuse, pursuant to section
42-4-1301.3.
(C) If a person seeking reinstatement has not completed required level II alcohol and
drug education and treatment, the person shall file with the department proof of current
enrollment in a level II alcohol and drug education and treatment program certified by the
unit in the department of human services that administers behavioral health programs and
services, including those related to mental health and substance abuse, pursuant to section
42-4-1301.3, on a form approved by the department.
(III) In the case of a minor driver whose license has been revoked as a result of one
conviction for DUI, DUI per se, DWAI, habitual user, or UDD, the minor driver, unless
otherwise required after an evaluation made pursuant to section 42-4-1301 .3, must complete
a level I alcohol and drug education program certified by the unit in the department of
human services that administers behavioral health programs and services, including those
related to mental health and substance abuse.
(IV) Any person whose license or privilege to drive a motor vehicle on the public
highways has been revoked under section 42-2-125 (1) (g) (I) or (1) (i) or 42-2-203 where
the revocation was due in part to a DUI, DUI per se, DWAI, or habitual user conviction shall
be required to present an affidavit stating that the person has obtained at the person's own
expense a signed lease agreement for the installation and use of an approved ignition
interlock device, as defined in section 42-2-132.5 (9) (a), in each motor vehicle on which
the person's name appears on the registration and any other vehicle that the person may
drive during the period of the interlock-restricted license.
(V) The department shall take into consideration any probationary terms imposed on
such person by any court in determining whether any revocation shall be continued.
(b) Repealed.
(c) A person whose driving privilege is restored prior to a hearing on the merits of any
driving restraint waives the person's right to a hearing on the merits of the driving restraint.
(3) Any person making false application for a new license before the expiration of the
period of suspension or revocation commits a class 2 misdemeanor traffic offense. The
department shall notify the district attorney's office in the county where such violation
occurred, in writing, of all violations of this section.
Title 42 - page 113 Drivers' Licenses 42-2-132
(4) (a) . (I) Any person whose license or other privilege to operate a motor vehicle in
this state has been suspended, cancelled, or revoked, pursuant to either this article or article
4 or 7 of this title, shall pay a restoration fee of ninety-five dollars to the executive director
of the department prior to the issuance to the person of a new license or the restoration of
the license or privilege.
(II) Notwithstanding the amount specified for the fee in subparagraph (I) of this
paragraph (a), the executive director of the department by rule or as otherwise provided by
law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3),
C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the
fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department by rule or as otherwise provided by law may increase
the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(b) All restoration fees collected pursuant to this subsection (4) shall be transmitted to
the state treasurer, who shall credit:
(I) (A) Sixty dollars to the driver's license administrative revocation account in the
highway users tax fund, which account is hereby created and referred to in this subpara-
graph (I) as the "account".
(B) The moneys in the account shall be subject to annual appropriation by the general
assembly for the direct and indirect costs incurred by the department in the adrninistration
of driver's license restraints pursuant to either this article or article 4 or article 7 of this title,
including, but not limited to, the direct and indirect costs of providing administrative
hearings under this title, without the use of moneys from the general fund. At the end of
each fiscal year, any unexpended and unencumbered moneys remaining in the account shall
be transferred out of the account, credited to the highway users tax fund, and allocated and
expended as specified in section 43-4-205 (5.5) (c), C.R.S.; and
(Q) (A) Thirty-five dollars to the first time drunk driving offender account in the
highway users tax fund, which account is hereby created and referred to in this subpara-
graph (II) as the "account".
(B) The moneys in the account shall be subject to annual appropriation by the general
assembly on and after January 1, 2009, first to the department of revenue to pay its costs
associated with the implementation of House Bill 08-1194, as enacted at the second regular
session of the sixty-sixth general assembly; second, to the department of revenue to pay a
portion of the costs for an ignition interlock device as described by section 42-2-132.5 (4)
(a) (II) (C) for a first time drunk driving offender who is unable to pay the costs of the
device; and then to provide two million dollars to the department of transportation for high
visibility drunk driving enforcement pursuant to section 43-4-901, C.R.S. Any moneys in
the account not expended for these purposes may be invested by the state treasurer as
provided by law. All interest and income derived from the investment and deposit of
moneys in the account shall be credited to the account. At the end of each fiscal year, any
unexpended and unencumbered moneys remaining in the account shall remain in the
account and shall not be credited or transferred to the general fund, the highway users tax
fund, or another fund.
Source: L. 94: Entire tide amended with relocations, p. 2152, § 1, effective January 1,
1995. L. 98: (4)(a) amended, p. 1353, § 99, effective June 1. L. 99: (2Xa) amended, p.
1162, § 6, effective July 1. L. 2000: (2)(a)(IV) amended, p. 1076, § 3, effective July 1; (1)
amended, p. 1357, § 32, effective July 1, 2001. L. 2001: (2)(aXII) amended, p. 788, § 6,
effective June 1; (2)(a)(IV) amended, p. 1284, § 69, effective June 5. L. 2002: (2)(aXm)
amended, p. 1034, § 74, effective June 1; (2)(aXH) and (2)(a)(m) amended, p. 1922, § 18,
effective July 1; (2)(b) amended, p. 1586, § 19, effective July 1. L. 2003: (4Xa)(I) and
(4)(b) amended, p. 448, § 1, effective March 5. L. 2005: (4)(b) amended, p. 142, § 7,
effective April 5. L. 2006: (2)(a)(II)(B) amended, p. 1368, § 5, effective January 1, 2007.
L. 2008: (2)(a)(II)(B), (2)(a)(H)(C), (2)(a)(m), and (2Xa)(IV) amended, p. 248, § 11,
effective July 1; (4)(a)(I) and (4Kb) amended, p. 837, § 7, effective September 1; (1),
(2)(a)(I), and (2)(a)(II)(A) amended and (2)(c) added, p. 835, § 5, effective January 1, 2009.
L. 2009: (2Kb) repealed, (HB 09-1266), ch. 347, p. 1820, § 14, effective August 5.
42-2-132
Vehicles and Traffic
Title 42 -page 114
L. 2011: (2)(a)(II) and (2)(a)(m) amended, (HB 11-1303), ch. 264, p. 1180, § 104,
effective August 10. L. 2012: (2)(a)(IV) and (4)(b)(II)(B) amended, (HB 12-1168), ch. 278,
p. 1483, § 6, effective August 8.
Editor's note: (1) This section is similar to former § 42-2-124 as it existed prior to 1994, and
the former § 42-2-132 was relocated to § 42-2-140.
(2) Amendments to subsection (2)(a)(m) by Senate Bill 02-159 and Senate Bill 02-057 were
harmonized.
Cross references: (1) For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701
(3)(a)(H).
(2) For the legislative declaration contained in the 2001 act amending subsection (2)(a)(II), see
section 1 of chapter 229, Session Laws of Colorado 2001. For the legislative declaration contained in
the 2008 act amending subsections (1), (2)(a)(I), and (2)(a)(H)(A) and enacting subsection (2)(c), see
section 1 of chapter 221, Session Laws of Colorado 2008.
ANNOTATION
Annotator's note. Since § 42-2-132 is sim-
ilar to § 42-2-124 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1 and
to repealed § 13-3-25, CRS 53, relevant cases
construing these provisions have been included
in the annotations to this section.
Residents and nonresidents subject to same
requirements. The general assembly intended
for residents and nonresidents alike to be subject
to the same requirements for reacquiring driving
privileges in this state after suspension. Colo.
Dept. of Rev. v. Smith, 640 P.2d 1143 (Colo.
1982).
Suspension of Colorado driving privileges
applies to nonresident licensed elsewhere. A
nonresident with a valid driver's license issued
by his state of residence, whose Colorado driv-
er's license or privilege to drive has been sus-
pended, is not extended a privilege to drive in
Colorado until the period of suspension has
expired and the restoration fee has been paid.
Colo. Dept of Rev. v. Smith, 640 P.2d 1143
(Colo. 1982).
Driving status of "denied" continues until
conditions met Before a person against whom
an order of denial has been entered is entitled to
operate a motor vehicle, he must reapply for a
new license at the end of the period of denial,
pay the restoration fee required by subsection
(3), file proof of financial responsibility as re-
quired by § 42-7-406(1), and must be in receipt
and possession of the new license. Unless and
until these conditions are satisfied, his driving
status as "denied" continues and he is subject to
prosecution under § 42-2-130(l)(a) for driving
under denial. People v. Lessar, 629 P.2d 577
(Colo. 1981).
Right to drive does not automatically re-
turn following suspension. Upon suspension, a
person's right to Colorado driving privileges or
a driver's license does not automatically spring
to life at the end of the period of ineligibility.
Colo. Dept. of Rev. v. Smith, 640 P.2d 1143
(Colo. 1982).
Restoration fee must be paid. Suspension
will continue indefinitely unless the required
restoration fee is paid. Colo. Dept. of Rev. v.
Smith, 640 P.2d 1143 (Colo. 1982).
For purposes of extending the suspension of a
Colorado driver's license pursuant to § 42-2-
130(3), the initial suspension is not terminated
until the driver has paid the restoration fee re-
quired by subsection (3) of this section. Conway
v. Colo. Dept. of Rev, 653 P.2d 411 (Colo. App.
1982).
Suspension does not continue for all pur-
poses until payment Although subsection (3)
requires that a restoration fee be paid before a
license is reinstated, this does not mean that, for
all purposes, the "period of suspension" contin-
ues until the fee is paid. Edwards v. State, Dept.
of Rev, 42 Colo. App. 52, 592 P.2d 1345 (1978).
This section contemplates a new applica-
tion by a respondent following the expiration
of one year after revocation. City & County of
Denver v. Palmer, 140 Colo. 27, 342 P.2d 687
(1959).
Revocation differs from suspension in that a
license is not automatically restored at the end
of a year after revocation. City & County of
Denver v. Palmer, 140 Colo. 27, 342 P.2d 687
(1959).
Expired revocation order continued in ef-
fect until driver's application for license ap-
proved pursuant to subsection (2). Donelson
v. Colo. Dept. of Rev, 38 Colo. App. 354, 561
P.2d 345 (1976).
Local legislation void. The offense of driving
a motor vehicle while the driver's license is
suspended or revoked is a matter of general
statewide importance, and the attempt of a city
to legislate on the subject is ultra vires and void.
City & County of Denver v. Palmer, 140 Colo.
27, 342 P.2d 687 (1959).
The application of the 1990 amendments to
deny a probationary license was not unlawful
as being retroactive in operation or in violation
of defendant's vested rights because the revoca-
Title 42 -page 115
Drivers* Licenses
42-2-132.5
tion and probationary license issues were not
triggered until defendant's criminal convictions
occurred after the effective date of the 1990
amendments. Rogers v. Dept. of Rev., 841 P.2d
369 (Colo. App. 1992).
This section requires the completion of both
Level II alcohol education and Level II alcohol
treatment as a prerequisite for reinstating a
driver whose license was revoked for an alco-
hol-related offense. "Therapy", as used in the
department's regulation, is synonymous with
"treatment" as used in this section. Smith v.
Dept. of Rev., 793 P.2d 611 (Colo. App. 1990).
Applied in Lopez v. Motor Vehicle Div., 189
Colo. 133, 538 P.2d 446 (1975); Marr v. Colo.
Dept. of Rev., 43 Colo. App. 36, 598 P.2d 155
(1979); Thompson v. Tomasi, 635 P.2d 558
(Colo. App. 1979); Hedstrom v. Motor Vehicle
Div., 662 P.2d 173 (Colo. 1983).
42-2-132.5, Mandatory and voluntary restricted licenses following alcohol convic-
tions - roles. (1) Persons required to hold an interlock-restricted license. The follow-
ing persons shall be required to hold an interlock-restricted license pursuant to this section
for at least one year following reinstatement prior to being eligible to obtain any other
driver's license issued under this article:
(a) A person whose privilege to drive was revoked for multiple convictions for any
combination of a DUI, DUI per se, DWAI, or habitual user pursuant to section 42-2-125 (1)
(g)(I)or(l)(i);
(b) A person whose license has been revoked for excess B AC pursuant to the provisions
of section 42-2-126 when the person's BAC was 0.17 or more at the time of driving or
within two hours after driving or whose driving record otherwise indicates a designation of
persistent drunk driver as defined in section 42-1-102 (68.5);
(c) A person whose privilege to drive was revoked as an habitual offender under section
42-2-203 in which the revocation was due in part to a DUI, DUI per se, DWAI, or habitual
user conviction; or
(d) A person whose privilege to drive was revoked for interlock circumvention pursuant
to paragraph (a) or (b) of subsection (7) of this section.
(2) Posting the interlock restriction to driving record prior to reinstatement of
driving privileges. As soon as a person meets the conditions of subsection (1) of this
section, the department shall note on the driving record of a person required to hold an
interlock-restricted license under this section that the person is required to have an approved
ignition interlock device. A person whose driving record contains the notation required by
this subsection (2) shall not operate a motor vehicle without an approved ignition interlock
device until the restriction is removed pursuant to this section.
(3) Minimum interlock restriction requirement for persistent drunk drivers. A
person required to hold an interlock-restricted license pursuant to this section who is a
persistent drunk driver as defined in section 42-1-102 (68.5), based on an offense that
occurred on or after July 1, 2004, shall be required to hold the interlock-restricted license
for at least two years following reinstatement before being eligible to obtain any other
driver's license issued under this article.
(4) Persons who may acquire an interlock-restricted license prior to serving a
full-term revocation, (a) (I) A person whose privilege to drive has been revoked for one
year or more because of a DUI, DUI per se, or DWAI conviction or has been revoked for
one year or more for excess BAC or refusal under any provision of section 42-2-126 may
apply for an early reinstatement with an interlock-restricted license under the provisions of
this section after the person's privilege to drive has been revoked for one year. Except for
first-time offenders as provided in subparagraph (II) of this paragraph (a) or for persistent
drunk drivers as provided in subsection (3) of this section, the restrictions imposed pursuant
to this section shall remain in effect for the longer of one year or the total time period
remaining on the license restraint prior to early reinstatement.
(II) (A) First-time offender eligibility. For revocations for convictions for DUI or
DUI per se under section 42-2-125 (1) (b.5) or for excess BAC 0.08 under section 42-2-126
(3) (a) (I) for a first violation that requires only a nine-month revocation, a person
twenty-one years of age or older at the time of the offense may apply for an early
reinstatement with an interlock-restricted license under the provisions of this section after
the person's privilege to drive has been revoked for at least one month. Except as provided
in subsection (3) of this section and sub-subparagraph (B) of this subparagraph (II), the
42-2-132.5 Vehicles and Traffic Title 42 - page 116
restrictions imposed pursuant to this subparagraph (II) shall remain in effect for at least
eight months.
(B) First-time offender interlock removal. A person with an interlock-restricted
license issued pursuant to sub-subparagraph (A) of this subparagraph (II) shall be eligible
for a license without the restriction required by this section if the department's monthly
monitoring reports required in subsection (6) of this section show that, for four consecutive
monthly reporting periods, the approved ignition interlock device did not interrupt or
prevent the normal operation of the motor vehicle due to an excessive breath alcohol
content or did not detect that there has been tampering with the device, there have been no
other reports of circumvention or tampering, and mere are no grounds to extend the
restriction pursuant to paragraph (d) of subsection (7) of this section. If the department
determines that a person is eligible for a license without the restriction required by this
section pursuant to this sub-subparagraph (B), the department shall serve upon the person
a notice of such eligibility. A person who has not been served but who believes he or she
is eligible for a license without the restriction required by this section pursuant to this
sub-subparagraph (B) may request a hearing on his or her eligibility. The provisions of this
sub-subparagraph (B) do not apply to a person covered by subsection (3) of this section.
(C) First-time offender financial assistance. The department shall establish a program
to assist persons who apply for an interlock-restricted license pursuant to this subparagraph
(II) and who are unable to pay the full cost of an approved ignition interlock device. The
program shall be funded from the first time drunk driving offender account in the highway
users tax fund established pursuant to section 42-2-132 (4) (b) (II).
(b) Early reinstatement eligibility requirement (I) To be eligible for early rein-
statement with an interlock-restricted license pursuant to this subsection (4), a person shall
have satisfied all conditions for reinstatement imposed by law including time periods for
non-alcohol-related restraints; except that a person whose license was also restrained for
driving under restraint pursuant to section 42-2-138 may be eligible for early reinstatement
under this section so long as the restraint was caused in part by driving activity occurring
after an alcohol-related offense and the length of any license restriction under this section
includes the period of restraint under section 42-2-138.
(II) Before being eligible for early reinstatement with an interlock-restricted license
under this section, a person shall provide proof of financial responsibility to the department
pursuant to the requirements of the "Motor Vehicle Financial Responsibility Act", article
7 of this title. The person shall maintain such proof of financial responsibility with the
department for the longer of three years or the period that the person's license is restricted
under this section; except that, for an offender subject to section 42-7-408 (1) (c) (I), the
period of time that the person must maintain such proof of financial responsibility is the
period of time that the person's license is restricted under this section.
(c) In order to be eligible for early reinstatement pursuant to this subsection (4), a
person who has been designated an habitual offender under the provisions of section
42-2-202 must have at least one conviction for DUI, DUI per se, DWAI, or habitual user
under section 42-4-1301, and no contributing violations other than violations for driving
under restraint under section 42-2-138 or reckless driving under section 42-4-1401.
(5) Requirements for issuing the interlock-restricted license, (a) The department
may issue an interlock-restricted license under this section if the department receives from
a person described in this section an affidavit stating that the person has obtained:
(I) A signed lease agreement for the installation and use of an approved ignition
interlock device in each motor vehicle on which the person's name appears on the
registration and any other vehicle that the person may drive during the period of the
interlock-restricted license; and
(II) The written consent of all other owners, if any, of each motor vehicle in which the
approved ignition interlock device is installed.
(b) (I) Notwithstanding the requirements of paragraph (a) of this subsection (5), the
department may issue an interlock-restricted license to any person not seeking early
reinstatement but who is required to hold an interlock-restricted license pursuant to
subsection (1) of this section who is not the registered owner or co-owner of a motor vehicle
if the person submits an affidavit stating that the person is not the owner or co-owner of a
Title 42 - page 1 17 Drivers 9 Licenses 42-2-132.5
motor vehicle and has no access to a motor vehicle in which to install an approved ignition
interlock device.
(II) If a person holding an interlock-restricted license issued pursuant to this paragraph
(b) becomes an owner or co-owner of a motor vehicle or otherwise has access to a motor
vehicle in which an approved ignition interlock device may be installed, he or she shall
enter into a lease agreement for the installation and use of an approved ignition interlock
device on the vehicle for a period equal to the remaining period of the interlock-restricted
license and submit the affidavit described in paragraph (a) of this subsection (5).
(c) The terms of the interlock-restricted license shall prohibit the person from driving
a motor vehicle other than a vehicle in which an approved ignition interlock device is
installed.
(d) The department shall not issue a license under this section that authorizes the
operation of a commercial motor vehicle as defined in section 42-2-402 (4) during the
restriction required by this section.
(6) Interlock monitoring device - reports. The leasing agency for any approved
ignition interlock device shall provide monthly monitoring reports for the device to the
department to monitor compliance with the provisions of this section. The leasing agency
shall check the device at least once every sixty days to ensure that the device is operating
and that there has been no tampering with the device. If the leasing agency detects that there
has been tampering with the device, the leasing agency shall notify the department of that
fact within five days of the detection.
(7) Licensing sanctions for violating the interlock restrictions, (a) Due to circum-
vention - conviction. Upon receipt of notice of a conviction under subsection (10) of this
section, the department shall revoke any interlock-restricted license issued to the convicted
person pursuant to this section. The department shall not reinstate the interlock-restricted
license for a period of one year or the remaining period of license restraint imposed prior
to the issuance of an interlock-restricted license pursuant to this section, whichever is
longer. A person is entitled to a hearing on the question of whether the revocation is
sustained and the calculation of the length of the ineligibility.
(b) Due to circumvention - administrative record. Upon receipt of an administrative
record other than a notice of a conviction described in paragraph (a) of this subsection (7)
establishing that a person who is subject to the restrictions of this section has operated a
motor vehicle without an approved ignition interlock device or has circumvented or
attempted to circumvent the proper use of an approved ignition interlock device, the
department may revoke any license issued to the person pursuant to this section and not
reinstate the license for a period of one year or the remaining period of license restraint
imposed prior to the issuance of an interlock-restricted license pursuant to this section,
whichever is longer. A person is entitled to a hearing on the question of whether the license
should be revoked and the calculation of the length of the ineligibility.
(c) Due to a lease violation. If a lease for an approved ignition interlock device is
terminated for any reason before the period of the interlock restriction expires and the
licensee provides no other such lease, the department shall notify the licensee that the
department shall suspend the license until the licensee enters into a new signed lease
agreement for the remaining period of the interlock restriction.
(d) Extending the interlock license restriction. If the monthly monitoring reports
required by subsection (6) of this section show that the approved ignition interlock device
interrupted or prevented the normal operation of the vehicle due to excessive breath alcohol
content in three of any twelve consecutive reporting periods, the department shall extend the
interlock restriction on the person's license for an additional twelve months after the
expiration of the existing interlock restriction. The department shall notify the person that
the ignition interlock restriction is being extended and that his or her license shall be
suspended unless the person enters into a new signed lease agreement for the use of an
approved ignition interlock device for the extended period. The person is entitled to a
hearing on the extension of the restriction. Based upon findings at the hearing, including
aggravating and mitigating factors, the hearing officer may sustain the extension, rescind the
extension, or reduce the period of extension.
42-2-132.5 Vehicles and Traffic Title 42 - page 118
(8) Rules. The department may promulgate rules to implement the provisions of this
section.
(9) Approved ignition interlock device definition - rules, (a) For the purposes of
this section, "approved ignition interlock device*' means a device approved by the depart-
ment of public health and environment that is installed in a motor vehicle and that measures
the breath alcohol content of the driver before a vehicle is started and that periodically
requires additional breath samples during vehicle operation. The device may not allow a
motor vehicle to be started or to continue normal operation if the device measures an
alcohol level above the level established by the department of public health and environ-
ment.
(b) The state board of health may promulgate rules to implement the provisions of this
subsection (9) concerning approved ignition interlock devices.
(10) Operating vehicle after circumventing interlock device, (a) A person whose
privilege to drive is restricted to the operation of a motor vehicle equipped with an approved
ignition interlock device and who operates a motor vehicle other man a motor vehicle
equipped with an approved ignition interlock device or who circumvents or attempts to
circumvent the proper use of an approved ignition interlock device commits a class 1 traffic
misdemeanor.
(b) If a peace officer issues a citation pursuant to paragraph (a) of this subsection (10),
the peace officer shall immediately confiscate the offending driver's license, shall file an
incident report on a form provided by the department, and shall not permit the driver to
continue to operate the motor vehicle.
(c) A court shall not accept a plea of guilty to another offense from a person charged
with a violation of paragraph (a) of this subsection (10); except that the court may accept
a plea of guilty to another offense upon a good-faith representation by the prosecuting
attorney that the attorney could not establish a prima facie case if the defendant were
brought to trial on the offense.
(11) Tampering with an approved ignition interlock device, (a) A person shall not
intercept, bypass, or interfere with or aid any other person in intercepting, bypassing, or
interfering with an approved ignition interlock device for the purpose of preventing or
hindering the lawful operation or purpose of the approved ignition interlock device required
under this section.
(b) A person whose privilege to drive is restricted to the operation of a motor vehicle
equipped with an approved ignition interlock device shall not drive a motor vehicle in
which an approved ignition interlock device is installed pursuant to this section if the person
knows that any person has intercepted, bypassed, or interfered with the approved ignition
interlock device.
(c) A person violating any provision of this subsection (11) commits a class 1
misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 99: Entire section added, p. 1160, § 4, effective July 1. L. 2000: (1) and (2)
amended, (3)(a.5) added, and (4)(a) and (4)(b) repealed, pp. 1076, 1077, §§ 4, 5, 6,
effective July 1; (1.5), (6), and (7) added and (3), (4)(c), and (5) amended, p. 1079, § 10,
effective January 1, 2001. L. 2002: (l)(a) amended, p. 1918, § 7, effective July 1.
L. 2004: (5)(b) amended, p. 170, § 1, effective March 23; (1.7) added and (3)(a) amended,
p. 1130, § 1, effective July 1. L. 2006: (l)(b.5) and (1.8) added, p. 1368, §§ 6, 7, effective
January 1, 2007. L. 2008: (l)(a), (l)(b.5), (l)(c), ^nd (1.5)(a) amended, p. 249, § 12,
effective July 1; (1.5)(a) and (3)(a) amended, p. 835, § 6, effective January 1, 2009.
L. 2012: Entire section R&RE, (HB 12-1168), ch. 278, p. 1476, § 1, effective August 8.
Editor's note: ( 1 ) Subsection ( 1 .5)(d)(U) provided for the repeal of subsection ( 1 .5 )(d), effective
July 1, 2002. (See L. 2000, p. 1079.)
(2) Amendments to subsection (1.5)(a) by House Bill 08-1166 and House Bill 08-1194 were
harmonized, effective January 1, 2009.
Cross references: For the legislative declaration contained in the 2008 act amending subsections
(1.5)(a) and (3)(a), see section 1 of chapter 221, Session Laws of Colorado 2008.
Title 42 - page 119 Drivers' Licenses 42-2-135
42-2-133. Surrender and return of license. ( 1 ) The department, upon suspending or
revoking a license, shall require that such license be surrendered to the department.
(2) At the end of the period of suspension, the licensee may apply for and receive a
replacement license upon payment of a fee of five dollars.
Source: L. 94: Entire title amended with relocations, p. 2153, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 649, § 18, effective May 27.
Editor's note: This section is similar to former § 42-2-125 as it existed prior to 1994, and the
former § 42-2-133 was relocated to § 42-2-141.
42-2-134. Foreign license invalid during suspension. No resident or nonresident
whose driver's license or right or privilege to operate a motor vehicle in this state has been
suspended or revoked as provided in this article shall operate a motor vehicle in this state
under a license, permit, or registration certificate issued by any other jurisdiction or
otherwise during such suspension or after such revocation until a new license is obtained
when and as permitted under this article.
Source: L. 94: Entire title amended with relocations, p. 2153, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-126 as it existed prior to 1994, and the
former § 42-2-134 was relocated to § 42-2-142.
ANNOTATION
Annotator's note. Since § 42-2-134 is sim- Applied in Colo. Dept. of Rev. v. Smith, 640
ilar to § 42-2-126 as it existed prior to the 1994 P.2d 1 143 (Colo. 1982).
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
42-2-135. Right to appeal. (1) Every person finally denied a license or identification
card, whose identification card has been finally cancelled, or whose license has been finally
cancelled, suspended, or revoked by or under the authority of the department may, within
thirty days thereafter, obtain judicial review in accordance with section 24-4-106, C.R.S.;
except that the venue for such judicial review shall be in the county of residence of the
person seeking judicial review.
(2) The district attorney of the judicial district in which review is applied for pursuant
to this section, upon request of the attorney general, shall represent the department
Source: L. 94: Entire title amended with relocations, p. 2154, § 1, effective January 1,
1995. L. 97: (1) amended, p. 203, § 3, effective July 1.
Editor's note: This section is similar to former § 42-2-127 as it existed prior to 1994, and the
former § 42-2-135 was relocated to § 42-2-143.
ANNOTATION
Annotator's note. Since § 42-2-135 is sim- Administrative procedure act governs ap-
ilar to 42-2-127 as it existed prior to the 1994 pellate review of revocation. Appellate review
amending of title 42 as enacted by SB 94-1 and by the district court of a department of revenue
to repealed § 13-4-27, C.R.S. 1963, and to order revoking a driver's license is governed by
§ 13-3-28, CRS 53, relevant cases construing the administrative procedure act. Donelson v.
these provisions have been included in the an- Colo. Dept. of Rev., 38 Colo. App. 354, 561 P.2d
notations to this section. 345 (1976).
42-2-136
Vehicles and Traffic
Title 42 -page 120
A suspension order under § 42-2-123 is
subject to judicial review pursuant to this
section. Theobald v. District Court, 148 Colo.
466, 366 P.2d 563 (1961).
Until the agency makes a determination,
action of the judiciary is premature. Colo.
Dept. of Rev. v. District Court ex rel. County of
Adams, 172 Colo. 144, 470 P.2d 864 (1970).
Court may not nullify limitation on right to
postpone suspension. Where the general as-
sembly, in the interest of public safety, has pro-
vided a reasonable limitation upon the right to
secure postponement of the effective date of
suspension of a driver's license by the director
of revenue, requiring a showing of irreparable
injury, the courts have no power to nullify by
procedural rule the limitations so imposed, the
function of the courts being limited to a review
of the acts of the directors. Theobald v. District
Court, 148 Colo. 466, 366 P.2d 563 (1961).
Court's discretion limited to determination
of irreparable injury. Under Rule 106(a)(4),
C.R.C.P., the district court has no discretion
whatever to determine that a driver has a right to
a postponement of the effective date of a sus-
pension order even though he makes no showing
of irreparable injury. The only discretion the
district court has under these circumstances is to
determine whether "irreparable injury" would
result if the director's order remains in effect
pending review. Where no showing whatever is
made on this question, there is nothing before
the district court upon which its discretion could
operate. Theobald v. District Court, 148 Colo.
466, 366 P.2d 563 (1961).
Court's allowance of injunction would be
in derogation of department's constitutional
authority. By virtue of the authority of the
constitution, it is the duty of the department of
revenue to carry into effect the provisions of the
revenue law which it is required to execute.
They are of a governmental character. The sole
object of the action commenced in the district
court is to obtain an injunction to restrain the
department from performing its duties. If this
should be permitted in a direct proceeding, the
result would be to directly subject executive
officials to the jurisdiction of the courts when
acting within their province and strip them of
their constitutional powers. This is an authority
that the judicial department cannot exercise in
this manner, for the obvious reason that to con-
cede it would be an assumption that the judicial
was of superior authority to the executive de-
partment. Colo. Dept. of Rev. v. District Court
ex rel. County of Adams, 172 Colo. 144, 470
P.2d 864 (1970).
There is no specific statutory provision al-
lowing for award of costs where an individual
pursues his right to judicial review of an admin-
istrative hearing officer's actions under § 24-4-
106 and this section; such an award is erroneous
because Rule 54(d), C.R.C.P., limits the impo-
sition of costs against the state to "the extent
permitted by law". Lucero v. Charnes, 44 Colo.
App. 73, 607 P.2d 405 (1980).
Finality of order of revocation. An order of
revocation issued at the conclusion of a hearing
is final. Judicial review must be perfected within
thirty days after the date of that hearing as
specified in this section. If an appeal is not
perfected within the statutory time limit, dismis-
sal is mandated. Houston v. Dept. of Rev., 699
P.2d 15 (Colo. App. 1985).
Applied in Stortz v. Colo. Dept. of Rev.,
Motor Vehicle Div., 195 Colo. 325, 578 P.2d 229
(1978); Arnold v. Charnes, 41 Colo. App. 338,
589 P.2d 1373 (1978); Marin v. Colo. Dept. of
Rev., 41 Colo. App. 557, 591 P.2d 1336 (1978);
People v. District Court, 200 Colo. 65, 612 P.2d
87 (1980); Tomasi v. Thompson, 635 P.2d 538
(Colo. 1981); Croker v. Colo. Dept. of Rev., 652
P.2d 1067 (Colo. 1982); Thurber v. Charnes, 656
P.2d 702 (Colo. 1983); Dept. of Rev. v. Borquez,
751 P.2d 639 (Colo. 1988).
42-2-136. Unlawful possession or use of license. (1) (a) No person shall have in
such person* s possession a lawfully issued driver's, minor driver's, or temporary driver's
license or instruction permit, knowing that such license or permit has been falsely altered
by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter,
or any other means so that such license or permit in its thus altered form falsely appears or
purports to be in all respects an authentic and lawfully issued license or permit.
(b) No person shall fraudulently obtain a driver' s, minor driver' s, or temporary driver' s
license or an instruction permit.
(2) No person shall have in such person's possession a paper, document, or other
instrument which falsely appears or purports to be in all respects a lawfully issued and
authentic driver's, minor driver's, or temporary driver's license or instruction permit,
knowing that such instrument was falsely made and was not lawfully issued.
(3) No person shall display or represent as being such person's own any driver's, minor
driver's, or temporary driver's license or any instruction permit which was lawfully issued
to another person.
(4) No person shall fail or refuse to surrender to the department upon its lawful demand
any driver's, minor driver's, or temporary driver's license or any instruction or temporary
permit issued to such person which has been suspended, revoked, or cancelled by the
Title 42 - page 121 Drivers* Licenses 42-2-138
department The department shall notify the district attorney's office in the county where
such violation occurred, in writing, of all violations of this subsection (4).
(5) No person shall permit any unlawful use of a driver's license issued to such person.
(5.5) No person shall photograph, photostat, duplicate, or in any way reproduce any
driver's license or facsimile thereof for the purpose of distribution, resale, reuse, or
manipulation of the data or images contained in such driver's license unless authorized by
the department or otherwise authorized by law.
(6) (a) Any person who violates any provision of subsections (1) to (5) of this section
commits a class 2 misdemeanor traffic offense.
(b) Any person who violates any provision of subsection (5.5) of this section commits
a class 3 misdemeanor and, upon conviction thereof, shall be punished as provided in
section 18-1.3-501, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2154, § 1, effective January 1,
1995. L. 97: (5.5) added and (6) amended, p. 354, § 2, effective August 6. L. 2000: (1)
to (4) amended, p. 1357, § 33, effective July 1, 2001. L. 2001: (1) amended, p. 941, § 8,
effective July 1. L. 2002: (6)(b) amended, p. 1560, § 363, effective October 1.
Editor's note: This section is similar to former § 42-2-128 as it existed prior to 1994.
Cross references: (1) For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701
(3)(a)(II).
(2) For the legislative declaration contained in the 2002 act amending subsection (6)(b), see
section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
Annotator's note. Since § 42-2-136 is sim- This statute forbids possession of a "ficti-
ilar to § 42-2-128 as it existed prior to the 1994 tious" operator's license. People v. LaRocco,
amending of title 42 as enacted by SB 94-1, a 178 Colo. 196, 496 P.2d 314 (1972) (decided
relevant case construing that provision has been under repealed § 13-4-28, C.R.S. 1963).
included with the annotations to this section.
42-2-137. False affidavit - penalty. Any person who makes any false affidavit or
knowingly swears or affirms falsely to any matter or thing required by the terms of this part
1 to be sworn to or affirmed commits a class 2 misdemeanor traffic offense. The department
shall notify the district attorney's office in the county where such violations occurred, in
writing, of all violations of this section.
Source: L. 94: Entire title amended with relocations, p. 2154, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-129 as it existed prior to 1994.
Cross references: For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701
(3)(a)(ID.
42-2-138. Driving under restraint- penalty. (\) (a) Any person who drives a motor
vehicle or off-highway vehicle upon any highway of this state with knowledge that the
person* s license or privilege to drive, either as a resident or a nonresident, is under restraint
for any reason other than conviction of DU1, DUI per se, DWAI, habitual user, or UDD is
guilty of a misdemeanor. A court may sentence a person convicted of this misdemeanor to
imprisonment in the county jail for a period of not more than six months and may impose
a fine of not more than five hundred dollars.
(b) Upon a second or subsequent conviction under paragraph (a) of this subsection (1)
within five years after the first conviction thereunder, in addition to any penalty imposed
pursuant to said paragraph (a) of this subsection (1), except as may be permitted by section
42-2-132.5, the defendant shall not be eligible to be issued a driver's or minor driver's
42-2-138 Vehicles and Traffic Title 42 - page 122
license or extended any driving privilege in this state for a period of three years after such
second or subsequent conviction.
(c) This subsection ( 1 ) shall apply only to violations committed on or after July 1 , 1 974.
(d) (I) A person who drives a motor vehicle or off-highway vehicle upon any highway
of this state with knowledge that the person's license or privilege to drive, either as a
resident or nonresident, is restrained under section 42-2-126 (3), is restrained solely or
partially because of a conviction of DUI, DUI per se, DWAI, habitual user, or UDD, or is
restrained in another state solely or partially because of an alcohol-related driving offense
is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment
in the county jail for not less than thirty days nor more than one year and, in the discretion
of the court, by a fine of not less than five hundred dollars nor more than one thousand
dollars. Upon a second or subsequent conviction, the person shall be punished by impris-
onment in the county jail for not less than ninety days nor more than two years and, in the
discretion of the court, by a fine of not less than five hundred dollars nor more than three
thousand dollars. The minimum county jail sentence imposed by this subparagraph (I) shall
be mandatory, and the court shall not grant probation or a suspended sentence thereof; but,
in a case where the defendant is convicted although the defendant established that he or she
had to drive the motor vehicle in violation of this subparagraph (I) because of an emergency,
the mandatory jail sentence, if any, shall not apply, and, for a first conviction, the court may
impose a sentence of imprisonment in the county jail for a period of not more than one year
and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a
second or subsequent conviction, the court may impose a sentence of imprisonment in the
county jail for a period of not more than two years and, in the discretion of the court, a fine
of not more than three thousand dollars.
(II) In any trial for a violation of subparagraph (I) of this paragraph (d), a duly
authenticated copy of the record of the defendant's former convictions and judgments for
DUI, DUI per se, DWAI, habitual user, or UDD or an alcohol-related offense committed in
another state from any court of record or a certified copy of the record of any denial or
revocation of the defendant's driving privilege under section 42-2-126 (3) from the
department shall be prima facie evidence of the convictions, judgments, denials, or
revocations and may be used in evidence against the defendant. Identification photographs
and fingerprints that are part of the record of the former convictions, judgments, denials, or
revocations and the defendant's incarceration after sentencing for any of the former
convictions, judgments, denials, or revocations shall be prima facie evidence of the identity
of the defendant and may be used in evidence against the defendant.
(e) Upon a second or subsequent conviction under subparagraph (I) of paragraph (d) of
this subsection (1) within five years after the first conviction thereunder, in addition to the
penalty prescribed in said subparagraph (I), except as may be permitted by section
42-2-132.5, the defendant shall not be eligible to be issued a driver's or minor driver's
license or extended any driving privilege in this state for a period of four years after such
second or subsequent conviction.
(f) Upon a verdict or judgment of guilt for a violation of paragraph (a) or (d) of this
subsection (1), the court shall require the offender to immediately surrender his or her
driver's license, minor driver's license, provisional driver's license, temporary driver's
license, or instruction permit issued by this state, another state, or a foreign country. The
court shall forward to the department a notice of the verdict or judgment of guilt on the form
prescribed by the department, together with the offender's surrendered license or permit.
Any person who violates the provisions of this paragraph (f) by failing to surrender his or
her license or permit to the court commits a class 2 misdemeanor traffic offense.
(2) (a) In a prosecution for a violation of this section, the fact of the restraint may be
established by certification that a notice was mailed by first-class mail pursuant to section
42-2-119 (2) to the last-known address of the defendant, or by the delivery of such notice
to the last-known address of the defendant, or by personal service of such notice upon the
defendant.
(b) In a prosecution for a violation of this section, the fact of restraint in another state
may be established by certification that notice was given in compliance with such state's
law.
Title 42 -page 123
Drivers' Licenses
42-2-138
(3) The department, upon receiving a record of conviction or accident report of any
person for an offense committed while operating a motor vehicle, shall immediately
examine its files to determine if the license or operating privilege of such person has been
restrained. If it appears that said offense was committed while the license or operating
privilege of such person was restrained, except as permitted by section 42-2-132.5, the
department shall not issue a new license or grant any driving privileges for an additional
period of one year after the date such person would otherwise have been entitled to apply
for a new license or for reinstatement of a suspended license and shall notify the district
attorney in the county where such violation occurred and request prosecution of such person
under subsection (1) of this section.
(4) For purposes of this section, the following definitions shall apply:
(a) "Knowledge" means actual knowledge of any restraint from whatever source or
knowledge of circumstances sufficient to cause a reasonable person to be aware that such
person's license or privilege to drive was under restraint. "Knowledge" does not mean
knowledge of a particular restraint or knowledge of the duration of restraint.
(b) "Restraint" or "restrained" means any denial, revocation, or suspension of a
person's license or privilege to drive a motor vehicle in this state or another state.
(5) It shall be an affirmative defense to a violation of this section, based upon a restraint
in another state, that the driver possessed a valid driver's license issued subsequent to the
restraint that is the basis of the violation.
Source: L. 94: Entire title amended with relocations, p. 2155, § 1, effective January 1,
1995. L. 2000: (l)(f) added, p. 683, § 2, effective July 1; (l)(b), (l)(e), and (3) amended,
p. 1082, § 12, effective January 1, 2001; (l)(b) and (l)(e) amended, p. 1358, § 34, effective
July 1, 2001. L. 2005: (l)(d), (2), (3), and (4)(b) amended and (5) added, p. 648, § 17,
effective May 27. L. 2008: (l)(a) and (l)(d) amended, p. 249, § 13, effective July 1.
L. 2010: (l)(a), (l)(b), and (l)(f) amended, (HB 10-1090), ch. 45, p. 171, § 1, effective
August 11.
Editor's note: (1) This section is similar to former § 42-2-130 as it existed prior to 1994.
(2) Amendments to subsections (l)(b) and (l)(e) by Senate Bill 00-018 and Senate Bill 00-011
were harmonized, effective July 1, 2001.
Cross references: For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701
(3)(a)(II).
ANNOTATION
Annotate? 's note. Since § 42-2-128 is sim-
ilar to § 42-2-130 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1 and
to repealed § 13-3-31, CRS 53, relevant cases
construing these provisions have been included
in the annotations to this section.
Driver may collaterally attack constitu-
tionality of uncounseled prior traffic offense
convictions underlying the administrative order
of suspension when prosecuted for driving un-
der suspension. People v. Gaudy, 685 P.2d 165
(Colo. 1984)(case arose prior to enactment of
§ 42-4-1505.3).
This section deals with the subject of driv-
ing while license is suspended or revoked.
Davis v. City & County of Denver, 140 Colo.
30, 342 P.2d 674 (1959).
Municipal ordinance dealing with such
penalty is invalid. Power to establish a licens-
ing system carries with it authority to revoke
and to penalize the driving of a motor vehicle
while the license of the operator has been sus-
pended or revoked, and the subject being pre-
dominately statewide and general, a municipal
ordinance dealing with the identical subject is
invalid. Davis v. City & County of Denver, 140
Colo. 30, 342 P.2d 674 (1959).
Notwithstanding § 43-5-207, recognizing
the power of municipalities to regulate par-
ticular areas of traffic — as parking, signal con-
trol, one-way streets, speed and traffic at inter-
sections—does not specifically authorize such
municipalities to punish the operator of a vehi-
cle driving without a license, this authority has
been preempted by the state and withheld from
a municipality. Davis v. City & County of Den-
ver, 140 Colo. 30, 342 P.2d 674 (1959).
Renewing suspension pending hearing
where suspension terminated violates due
process. The practice of renewing the suspen-
sion of a license, pending a hearing at which
vacation of the renewed suspension is a cer-
tainty, violates due process of law. Harris v.
Colo., 516 F. Supp. 1128 (D. Colo. 1981).
42-2-138
Vehicles and Traffic
Title 42 - page 124
Knowledge of fact of revocation is an es-
sential element of crime of driving while li-
cense revoked. Jolly v. People, 742 P.2d 891
(Colo. 1987).
Driving while license is denied, suspended,
or revoked pursuant to this section and driving
after revocation pursuant to § 42-2-206 pro-
scribe the same act, and defendant may not be
convicted or punished under both statutes. Peo-
ple v. Rodriguez, 849 P.2d 799 (Colo. App.
1992).
The department of revenue can impose an
additional period of revocation under subsec-
tion (3) upon receiving an accident report for
a person who is driving under revocation and
after finding that the person was driving under
restraint at the time of the accident. The statute
authorizes such additional time without a con-
viction of driving under restraint, and such au-
thorization is consistent with the remedial nature
of the statute. Colo. Dept. of Rev. v. Garner, 66
P.3d 106 (Colo. 2003).
Driving under restraint charges may be
prosecuted only for those whose licenses have
been suspended, denied, or revoked in the
state of Colorado. Therefore, charge of driving
under restraint was dismissed against driver
whose Massachusetts license was under re-
straint. Driving without a valid license is a lesser
included offense of driving under restraint and
the violation notice could proceed on the charge
of driving without a license. United States v.
Rogers, 865 F. Supp. 718 (D. Colo. 1994)(de-
cided prior to 1994 repeal and reenactment).
Statute authorizes only a permissive infer-
ence of the licensee's knowledge of fact of
revocation and not a conclusive presumption
and, therefore, comports with due process of
law. Jolly v. People, 742 P.2d 891 (Colo. 1987).
Subsection (3) furthers a legitimate gov-
ernmental purpose by penalizing drivers under
denial, suspension, or revocation who commit
additional traffic offenses and does not violate
equal protection guarantees. Allen v. Charnes,
674 P.2d 378 (Colo. 1984).
Driving under restraint is a public welfare
offense that requires actual knowledge or
knowledge of circumstances sufficient to cause a
reasonable person to be aware that such person's
license to drive was under restraint. People v.
Ellison, 14 P.3d 1034 (Colo. 2000).
The second part of the driving under re-
straint statute that requires a reasonable per-
son standard does not violate due process of
law under the federal and Colorado Constitu-
tions. People v. Ellison, 14 P.3d 1034 (Colo.
2000).
Requiring "knowledge" limits punishment
to those who are subjectively aware of circum-
stances that would lead a responsible driver to
realize his or her license was under restraint.
Thus the "knowledge" requirement encourages
a driver to monitor his or her infractions on the
driving privilege hereby advancing the state in-
terest in promoting driver responsibility. People
v. Ellison, 14 P.3d 1034 (Colo. 2000).
Section merely permits department to ex-
ercise power to renew or extend period of
suspension. Ewing v. Motor Vehicle Div., 624
P.2d 353 (Colo. App. 1980).
Section includes power to extend denials.
The power to extend suspensions or revocations
in subsection (3) also includes the power to
extend denials. Allen v. Charnes, 674 P.2d 378
(Colo. 1984).
It does not mandate exercise of discretion
by the department Ewing v. Motor Vehicle
Div., 624 P.2d 353 (Colo. App. 1980).
No distinction between revocation under
implied consent and order of denial. There is
no real distinction, for purposes of a prosecution
under subsection (l)(a), between a driver whose
license has been revoked under the implied con-
sent law and a person against whom an order of
denial has been entered. People v. Lessar, 629
P.2d 577 (Colo. 1981).
Five-day jail sentence set forth in subsec-
tion (l)(a). Subsection (l)(a) sets forth, in un-
mistakable terms, that a five-day jail sentence
must be imposed when a defendant is convicted
of violating this section. People v. Burke, 185
Colo. 19, 521 P.2d 783 (1974).
The general assembly did not intend to
repeal the mandatory sentencing provision of
this section, sub silentio, by implication, or
otherwise by enactment of § 16-11-201. People
v. Burke, 185 Colo. 19, 521 P.2d 783 (1974).
Such provision was retained as additional
exception to general probation provisions.
The driving under suspension sentencing re-
quirements in subsection (l)(a) were retained by
the general assembly as an additional exception
to the general Colorado statutory probation pro-
visions. People v. Burke, 185 Colo. 19, 521 P.2d
783 (1974).
County court could not grant probation.
Where defendant was convicted under this sec-
tion for driving while his license was suspended,
and subsection (l)(a) mandated a five-day min-
imum jail sentence to which general statutory
probation provisions did not apply, a county
court could neither impose a probationary sen-
tence nor grant probation. People v. Burke, 185
Colo. 19, 521 P.2d 783 (1974).
Conviction of any motor vehicle offense
authorizes extension of suspension. Convic-
tion of any motor vehicle offense prior to the
expiration of a period of suspension is sufficient
to support an extension of that suspension pe-
riod by the department, pursuant to subsection
(3). Conway v. Colo. Dept. of Rev., 653 P.2d 411
(Colo. App. 1982).
The general assembly did not intend to limit
the provisions of subsection (3) to persons
charged or convicted of the offense of driving
Title 42 - page 125
Drivers' Licenses
42-2-140
while license suspended. Conway v. Colo. Dept.
of Rev., 653 P.2d 411 (Colo. App. 1982).
Driving status of "denied" continues until
conditions met Before a person against whom
an order of denial has been entered is entitled to
operate a motor vehicle, he must reapply for a
new license at the end of the period of denial,
pay the restoration fee required by § 42-2-124
(3), file proof of financial responsibility as re-
quired by § 42-7-406 (1), and must be in receipt
and possession of the new license. Unless and
until these conditions are satisfied, his driving
status as "denied" continues, and he is subject
to prosecution under subsection (l)(a) for (hiv-
ing under denial. People v. Lessar, 629 P.2d 577
(Colo. 1981).
An order of denial entered pursuant to the
implied consent law will subject a driver to
prosecution for driving under denial, when that
person operates a motor vehicle after the expi-
ration of the temporal term of the denial order
but without having obtained a license in accor-
dance with the conditions of the order. People v.
Lessar, 629 P.2d 577 (Colo. 1981).
For purposes of extending the suspension of a
Colorado driver's license pursuant to subsection
(3) of this section, the initial suspension is not
terminated until the driver has paid the restora-
tion fee required by § 42-2-124 (3). Conway v.
Colo. Dept. of Rev., 653 P.2d 411 (Colo. App.
1982).
A person's driving status of "suspended"
continues unless and until the driver obtains
removal of the suspension at the end of the
designated period of suspension by paying the
restoration fee and providing the requisite proof
of insurance. Colo. Dept. of Rev. v. Brakhage,
735 R2d 195 (Colo. 1987).
Section 42-2-123 hearing not required. The
requirements for a hearing in § 42-2-123 cannot
be extended to this section. Harris v. Colo., 516
F. Supp. 1128 (D. Colo. 1981).
Statute as basis for jurisdiction. See People
v. Pinyan, 190 Colo. 304, 546 P.2d 488 (1976).
Applied in People v. Roybal, 618 P. 2d 1121
(Colo. 1980); People v. Mascarenas, 632 P.2d
1028 (Colo. 1981); Colo. Dept. of Rev. v. Smith,
640 P.2d 1143 (Colo. 1982); Corr v. District
Court, 661 P.2d 668 (Colo. 1983); Klingbeil v.
State, Dept. of Rev, 668 P.2d 930 (Colo. 1983);
Harris v. Colo. Dept of Rev, 714 P.2d 1325
(Colo. App. 1985).
42-2-139. Permitting unauthorized minor to drive. (1) No parent or guardian shall
cause or knowingly permit his or her child or ward under the age of eighteen years to drive
a motor vehicle upon any highway when such minor has not been issued a currently valid
minor driver's license or instruction permit or shall cause or knowingly permit such child
or ward to drive a motor vehicle upon any highway in violation of the conditions,
limitations, or restrictions contained in a license or permit which has been issued to such
child or ward.
(2) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2157, § 1, effective January 1,
1995. L. 2000: (1) amended, p. 1358, § 35, effective July 1, 2001.
Editor's note: This section is similar to former § 42-2-131 as it existed prior to 1994.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
ANNOTATION
Annotator's note. Since § 42-2-139 is sim-
ilar to § 42-2-131 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
Under this section it must be shown parent
knowingly permitted child to drive. Even if
conceded that defendant has on other occasions
permitted his son to drive a car, before liability
will attach, it is necessary that it be shown that
the parent caused, or knowingly permitted, the
son to drive the car. Kirkpatrick v. McCarty, 1 12
Colo. 588, 152 P.2d 994 (1944) (decided under
repealed CSA, C. 16, § 153).
42-2-140. Permitting unauthorized person to drive. (1) No person shall authorize
or knowingly permit a motor vehicle owned by such person or under such person's hire or
control to be driven upon any highway by any person who has not been issued a currently
valid driver's or minor driver's license or an instruction permit or shall cause or knowingly
42-2-141
Vehicles and Traffic
Title 42 -page 126
permit such person to drive a motor vehicle upon any highway in violation of the
conditions, limitations, or restrictions contained in a license or permit which has been issued
to such other person.
(2) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2157, § 1, effective January 1,
1995. L. 2000: (1) amended, p. 1358, § 36, effective July 1, 2001.
Editor's note: This section is similar to former § 42-2-132 as it existed prior to 1994.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
ANNOTATION
Annotator's note. Since § 42-2-140 is sim-
ilar to § 42-2-132 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
This section does not give a civil cause of
action for damages in favor of third persons
against one violating its provisions. It simply
imposes a criminal penalty for a violation of its
provisions. Hertz Driv-Ur-Self Sys. v.
Hendrickson, 109 Colo. 1, 121 P.2d 483 (1942)
(decided under repealed CSA, C. 16, § 154).
Trial court erred in granting partial sum-
mary judgment in favor of defendant car
dealer on negligence claim of individual in-
jured by an allegedly unlicensed motorist who
was driving a car he purchased from the dealer
ten days before the accident. The record con-
tained conflicting evidence as to the dealer's
knowledge or belief of the driver's competency
and possibly dangerous driving habits, it was
not clear if title had transferred to the driver, and
the negligence occurred when the car dealer, as
the car owner, initially permitted the unlicensed
driver to drive. Schneider v. Midtown Motor
Co., 854 P.2d 1322 (Colo. App. 1992).
42-2-141. Renting or loaning a motor vehicle to another. ( 1 ) Except as provided in
subsection (4) of this section, no person shall rent or loan a motor vehicle to any other
person unless the latter person is then duly licensed under this article or, in the case of a
nonresident, duly licensed under the laws of the state or country of that person's residence
except a nonresident whose home state or country does not require that an operator be
licensed.
(2) Except as provided in subsection (4) of this section, no person shall rent a motor
vehicle to another until that person has inspected the driver's license of the person to whom
the vehicle is to be rented and compared and verified the signature thereon with the
signature of such person written in his or her presence.
(3) Every person renting a motor vehicle to another shall keep a record of the
registration number of the motor vehicle so rented, the name and address of the person to
whom the vehicle is rented, the number of the license of said latter person or any authorized
driver under subsection (4) of this section, and the date and place when and where said
license was issued. Such record shall be open to inspection by any police officer or officer
or employee of the department.
(4) A person may rent a motor vehicle to a person who is blind, as defined in section
26-2-103 (3), C.R.S., subject to all of the following conditions:
(a) The blind person is accompanied by at least one person with a valid license issued
under this article or, in the case of a nonresident, a valid license issued under the laws of
the state or country of such person's residence.
(b) The person renting the motor vehicle to a blind person:
(I) Inspects the license of each person who accompanies the blind person and wishes to
be authorized to drive the motor vehicle; and
(II) Compares and verifies the signatures thereon with the signatures of such persons
written in his or her presence.
(c) Only persons whose licenses and signatures have been compared and verified by the
Title 42 - page 127
Drivers* Licenses
42-2-144
person renting the motor vehicle to the blind person are authorized to drive the motor
vehicle, and the names of such persons are listed in the rental agreement.
(d) The renter and the driver of the motor vehicle pursuant to this subsection (4) shall
have the same financial or insurance responsibilities under Colorado law as other renters of
motor vehicles.
Source: L. 94: Entire tide amended with relocations, p. 2157, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 136, § 1, effective April 2.
Editor's note: This section is similar to former § 42-2-133 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-2-141 is sim-
ilar to § 42-2-133 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
Civil liability. This section does not give a
civil cause of action for damages in favor of
third persons against one violating its provisions
but simply imposes a criminal penalty for a
violation of its provisions. Thus, an automobile
renting agency is not liable to guest for injuries
sustained while riding in a rented car on grounds
that agency was guilty of negligence by renting
automobile to driver who had no driver's li-
cense. Hertz Driv-Ur-Self Sys. v. Hendrickson,
109 Colo. 1, 121 P.2d 483 (1942) (decided under
repealed CSA, C. 16, § 156).
42-2-142. Violation - penalty. Any person who violates any provision of this part 1 for
which no other penalty is provided in this part 1 commits a class B traffic infraction and
shall be punished as provided in section 42-4-1701 (3) (a).
Source: L. 94: Entire title amended with relocations, p. 2158, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-134 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-2-142 is sim-
ilar to § 42-2-134 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1 and
to repealed § 13-3-36, CRS 53, and CSA, C. 16,
§ 157, relevant cases construing these provi-
sions have been included in the annotations to
this section.
Legislative history of this section. State v.
Beckman, 149 Colo. 54, 368 P.2d 793 (1961).
Issuance of license without payment of tax.
If the clerk issued a license without payment of
the tax imposed, he probably would have been
liable to fine and imprisonment. Bd. of Comm'rs
v. Morris, 104 Colo. 139, 89 P.2d 248 (1939).
42-2-143. Legislative declaration. The general assembly declares that the provisions
of this article as enacted in Senate Bill No. 318 by the forty-ninth general assembly in its
first regular session shall not supersede, unless in direct conflict, and shall be harmonized
with, the provisions of any other act enacted in the same session which also amends, in any
way, this article.
Source: L. 94: Entire tide amended with relocations, p. 2158, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-135 as it existed prior to 1994.
42-2-144. Reporting by certified level II alcohol and drag education and treatment
providers - notice of administrative remedies against a driver's license - rales.
(1) The department shall require all providers of level II alcohol and drug education and
treatment programs certified by the unit in the department of human services that admin-
42-2-201
Vehicles and Traffic
Title 42 -page 128
isters behavioral health programs and services, including those related to mental health and
substance abuse, pursuant to section 42-4-1301.3 to provide quarterly reports to the
department about each person who is enrolled and who has filed proof of such enrollment
with the department as required by section 42-2-126 (4) (d) (II).
(2) A person determined not to be in compliance with level II alcohol and drug
education and treatment pursuant to subsection (1) of this section shall be sent a letter from
the department notifying the person of such noncompliance, any administrative remedies
that may be taken against the person* s privilege to drive, and the time period the person has
to comply with the requirements for level II alcohol and drug education and treatment
before administrative remedies will be exercised against the person's driving privilege.
(3) The department may promulgate rules necessary for the implementation of this
section.
Source: L. 2001: Entire section added, p. 788, § 7, effective July 1. L. 2001, 2nd Ex.
Sess.: (1) amended, p. 1, § 2, effective September 25. L. 2002: (1) amended, p. 1922,
§ 19, effective July 1. L. 2008: (1) amended, p. 251, § 14, effective July 1. L. 2011: (1)
amended, (HB 11-1303), ch. 264, p. 1181, § 105, effective August 10.
Cross references: For the legislative declaration contained in the 2001 act enacting this section, see
section 1 of chapter 229, Session Laws of Colorado 2001. For the legislative declaration contained in
the 2001 Second Extraordinary Session act amending subsection (1), see section 1 of chapter 1,
Session Laws of Colorado 2001, Second Extraordinary Session.
PART 2
HABITUAL OFFENDERS
42-2-201. Legislative declaration concerning habitual offenders of motor vehicle
laws. (1) It is declared to be the policy of this state:
(a) To provide maximum safety for all persons who travel or otherwise use the public
highways of this state;
(b) To deny the privilege of operating motor vehicles on such highways to persons who
by their conduct and record have demonstrated their indifference to the safety and welfare
of others and their disrespect for the laws of this state, the orders of its courts, and the
statutorily required acts of its administrative agencies; and
(c) To discourage repetition of criminal acts by individuals against the peace and
dignity of this state and its political subdivisions and to impose increased and added
deprivation of the privilege to operate motor vehicles upon habitual offenders who have
been convicted repeatedly of violations of the traffic laws.
Source: L. 94: Entire title amended with relocations, p. 2158, § 1, effective January 1,
1995.
ANNOTATION
Classification not violative of equal protec-
tion. The classification under the habitual traffic
offender statute has a rational basis and does not
violate the requirement of equal protection of
the law. People v. Scott, 200 Colo. 365, 615 P.2d
680 (1980).
Categorization of alcohol-related driving
offenses is reasonably related to governmen-
tal interest To the extent that one might con-
sider as a classification the categorization of
alcohol-related driving offenses, in §§ 42-2-122
(1) (g) and (i) and 42-2-202 (2) (a) (I), such
classification is reasonably related to the ex-
pressed governmental interest of providing max-
imum safety for all persons who travel or oth-
erwise use the public highway. Heninger v.
Charnes, 200 Colo. 194, 613 P.2d 884 (1980).
The legitimate legislative purpose of remov-
ing from the highway those drivers who have
demonstrated repeatedly the inability or unwill-
ingness to conform to the traffic laws provides a
rational basis for including several different
types of traffic offenses of varying degrees of
seriousness as predicate convictions for a find-
ing of habitual traffic offender status. Crocker v.
Colo. Dept. of Rev., 652 P.2d 1067 (Colo. 1982).
Title 42 - page 129 Drivers' Licenses 42-2-202
Mandated punishment not cruel and un- Applied in Reyher v. State, Dept. of Rev., 39
usual. Punishment mandated by this part is not Colo. App. 510, 571 R2d 729 (1977); People v.
so disparate to the gravity of the offense as to Able, 200 Colo. 115, 618 P.2d 1110 (1980);
constitute cruel and unusual punishment. People People v. Shaver, 630 P. 2d 600 (Colo. 1981);
v. Scott, 200 Colo. 365, 615 P.2d 680 (1980). People v. Dooley, 630 P.2d 608 (Colo. 1981).
42-2-202. Habitual offenders - frequency and type of violations. (1) An habitual
offender is any person, resident or nonresident, who has accumulated convictions for
separate and distinct offenses described in subsection (2) of this section committed during
a seven-year period or committed during a five-year period for separate and distinct offenses
described in subsection (3) of this section; except that, where more than one included
offense is committed within a one-day period, such multiple offenses shall be treated for the
purposes of this part 2 as one offense. The record as maintained in the office of the
department shall be considered prima facie evidence of the said convictions.
(2) (a) An habitual offender is a person having three or more convictions of any of the
following separate and distinct offenses arising out of separate acts committed within a
period of seven years:
(I) DUI, DUI per se, DWAI, or habitual user;
(II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401;
(III) Driving a motor vehicle upon a highway while such person's license or privilege
to drive a motor vehicle has been denied, suspended, or revoked, in violation of section
42-2-138;
(IV) Knowingly making any false affidavit or swearing or affirming falsely to any
matter or thing required by the motor vehicle laws or as to information required in the
administration of such laws;
(V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent
homicide which results from the operation of a motor vehicle, or aggravated motor vehicle
theft, as such offenses are described in title 18, C.R.S.;
(VI) Conviction of the driver of a motor vehicle involved in any accident involving
death or personal injuries for failure to perform the duties required of such person under
section 42-4-1601.
(b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph (a) of
this subsection (2) shall be deemed to include convictions under any federal law, any law
of another state, or any ordinance of a municipality that substantially conforms to the
statutory provisions of this state regulating the operation of motor vehicles. For purposes of
this paragraph (b), the term "municipality*' means any home rule or statutory city or town,
a territorial charter city, or a city and county.
(3) A person is also an habitual offender if such person has ten or more convictions of
separate and distinct offenses arising out of separate acts committed within a period of five
years involving moving violations which provide for an assessment of four or more points
each or eighteen or more convictions of separate and distinct offenses arising out of separate
acts committed within a period of five years involving moving violations which provide for
an assessment of three or less points each in the operation of a motor vehicle, which
convictions are required to be reported to the department and result in the assessment of
points under section 42-2-127, including any violations specified in .subsection (2) of this
section.
(4) For the purpose of this section, the term "conviction" has the meaning specified in
section 42-2-127 (6) and includes entry of judgment for commission of a traffic infraction
as set forth in section 42-4-1701.
Source: L. 94: Entire title amended with relocations, p. 2158, § 1, effective January 1,
1995. L. 97: (2)(a)(I) amended, p. 1466, § 9, effective July 1. L. 2008: (2Xa)(I) amended,
p. 251, § 15, effective July 1.
Cross references: For collateral attacks of traffic convictions, see §§ 42-4-1702 and 42-4-1708.
42-2-202
Vehicles and Traffic
ANNOTATION
Title 42 -page 130
Driver is not denied due process by the
automatic revocation of his license under
§ 42-2-205 upon obtaining his third alcohol-
related conviction within seven years. The hear-
ing officer is not required to consider any med-
ical condition of alcoholism. Hedstrom v. Motor
Vehicle Div., 662 P.2d 173 (Colo. 1983).
Statute not aimed at driver committing sin-
gle transgression. The habitual traffic offender
statute is aimed at drivers who chronically dis-
regard traffic laws, rather than those who com-
mit one serious transgression. Crocker v. Colo.
Dept. of Rev., 652 P.2d 1067 (Colo. 1982).
The offense of driving under denial of driv-
ing privileges is within the ambit of this sec-
tion. Reyher v. State, Dept. of Rev., 39 Colo.
App. 510, 571 P.2d 729 (1977).
Categorization of alcohol-related driving
offenses is reasonably related to governmen-
tal interest To the extent that one might con-
sider as a classification the categorization of
alcohol-related driving offenses in § 42-2-122
(l)(g) and (l)(i) and subsection (2)(a)(I) of this
section, such classification is reasonably related
to the expressed governmental interest of pro-
viding maximum safety for all persons who
travel or otherwise use the public highway.
Heninger v. Charnes, 200 Colo. 194, 613 P.2d
884 (1980).
Failure to warn violator of point accumu-
lation not breach of constitutional protec-
tions. The failure to warn a person charged with
a traffic offense that he will accumulate a des-
ignated number of points against his driving
record upon conviction does not breach any
constitutional protections. People v. Hampton,
619 P.2d 48 (Colo. 1980).
Where a driver testifies at an administrative
hearing that he had not been convicted of one
offense that appears on his driving history re-
cord, and that, as to another offense, he entered
a guilty plea without having been advised as to
the number of points to be assessed, this testi-
mony is insufficient to bring into question the
constitutionality of the underlying convictions.
Reasoner v. Dept. of Rev., 628 P.2d 187 (Colo.
App. 1981).
Court must state assessable points before
plea of guilty. A traffic violation conviction is
insufficient for the purpose of assessing points
against the licensee where municipal court sum-
mons fails to state the number of points which
could be assessed upon a plea of guilty. Dunn v.
Tice, 43 Colo. App. 55, 598 P.2d 530 (1979).
Similarity in treatment accorded to prior
convictions comports with equal protection.
The similarity in treatment accorded by the ha-
bitual traffic offender act to prior convictions for
driving while one's ability is impaired and driv-
ing while under the influence is reasonably re-
lated to the public-safety goals of the statute and
comports with equal protection of the laws. Van
Gerpen v. Peterson, 620 P.2d 714 (Colo. 1980).
There is no denial of equal protection in
imposition of statutory sanctions on habitual
offender. Charnes v. Kiser, 617 P.2d 1201 (Colo.
1980).
To assert constitutional invalidity of traffic
offense conviction, a defendant must make a
prima facie showing of invalidity; the prosecu-
tion must then prove the conviction was ob-
tained in a manner consistent with the defen-
dant's constitutional rights. People v. DeLeon,
625 P.2d 1010 (Colo. 1981); Reasoner v. Dept.
of Rev., 628 P.2d 187 (Colo. App. 1981).
Driver may collaterally attack constitu-
tionality of underlying conviction which forms
the basis for the determination that he is an
habitual traffic offender. Reasoner v. Dept. of
Rev., 628 P.2d 187 (Colo. App. 1981).
Section 42-2-202 (2)(b), which identifies
"major traffic offenses" for habitual traffic
offender purposes, is more specific in appli-
cation than §§ 42-2-202 (4), 42-2-127 (6), and
42-2-124 (3), and must be given effect as an
exception to the general rule established by
the latter statutes. The latter are general stat-
utes of broad application that can be given full
effect by authorizing the department to consider
municipal court reckless driving convictions in
revocation and suspension proceedings.
Rudlong v. Dept. of Rev., MVD, 865 P.2d 941
(Colo. App. 1993).
Convictions under the law of another state
that "substantially conform" to the statutory
provisions of Colorado may be included for
purposes of habitual traffic offender status.
Thus, even if plaintiffs Idaho convictions are
the equivalent of Colorado driving while ability
impaired convictions, they may be considered
for purposes of imposing habitual traffic of-
fender status. Kramer v. Colo. Dept. of Rev.,
964 P.2d 629 (Colo. App. 1998).
Right to counsel. Absent a valid waiver of
the right to counsel, a conviction obtained
against a defendant who is not represented by
counsel may not be used to establish habitual
traffic offender status for the purpose of impos-
ing punishment for violation of § 42-2-206.
People v. Hampton, 619 P.2d 48 (Colo. 1980).
Compliance with Rule 11(b), Crim. P., re-
quired. A trial court must comply with the
requirements of Rule 11(b), Crim. P., before
accepting a guilty plea to the charge of driving
while impaired. Laughlin v. State, 44 Colo. App.
341, 618 P.2d 689 (1980), rev'd on other
grounds, 634 P.2d 49 (Colo. 1981).
Driver's history record is prima facie evi-
dence of its contents. Hoehl v. Motor Vehicle
Div., 624 P.2d 907 (Colo. App. 1980), overruled
on other grounds, Anadale v. Dept. of Rev., 674
P.2d 372 (Colo. 1984).
Title 42 - page 131
Drivers' Licenses
42-2-203
Attack on accuracy of record raises
tion of fact for resolution by hearing
Where evidence is presented which rebuts the
accuracy of any item in a person's driving re-
cord, there is a fact question to be resolved by
the hearing officer. Hoehl v. Motor Vehicle Div.,
624 P.2d 907 (Colo. App. 1980), overruled on
other grounds, Anadale v. Dept. of Rev., 674
P.2d 372 (Colo. 1984).
Applied in Gillespie v. Dir. of Dept. of Rev.,
41 Colo. App. 561, 592 P.2d 418 (1978); Fuhrer
v. Dept. of Motor Vehicles, 197 Colo. 325, 592
P.2d 402 (1979); Peshel v. Motor Vehicle Div.,
43 Colo. App. 58, 602 P.2d 875 (1979); Cagle v.
Charnes, 43 Colo. App. 401, 604 P.2d 697
(1979); Walker v. District Court, 199 Colo. 128,
606 P.2d 70 (1980); People v. Roybal, 617 P.2d
800 (Colo. 1980); People v. Torres, 625 P.2d
1034 (Colo. 1981); People v. Shaver, 630 P.2d
600 (Colo. 1981); People v. Dooley, 630 P.2d
608 (Colo. 1981); State v. Laughlin, 634 P.2d 49
(Colo. 1981); Schmidt v. Colo. Dept. of Rev.,
656 P.2d 710 (Colo. App. 1982); People v.
Clements, 665 P.2d 624 (Colo. 1983); People v.
Lesh, 668 P.2d 1362 (Colo. 1983).
42-2-203. Authority to revoke license of habitual offender. The department shall
immediately revoke the license of any person whose record brings such person within the
definition of an habitual offender in section 42-2-202. The procedure specified in section
42-2-125 (3) and (4) shall be employed for the revocation.
Source: L. 94: Entire title amended with relocations, p. 2159, § 1, effective January 1,
1995. L. 2009: Entire section amended, (HB 09-1234), ch. 91, p. 353, § 2, effective
August 5.
ANNOTATION
Law reviews. For article, "There Must Be
Fifty Ways to Lose Your (Driver's) License",
see 22 Colo. Law. 2385 (1993).
This section contains adequate procedural
safeguards to afford a defendant due process of
law. Crocker v. Colo. Dept. of Rev., 652 P.2d
1067 (Colo. 1982).
Traffic laws and revocation procedures are
aimed at all drivers who operate a motor ve-
hicle while under the influence of alcohol or
while their ability is impaired, regardless of their
status as alcoholics or problem drinkers.
Heninger v. Charnes, 200 Colo. 194, 613 P.2d
884 (1980).
Section does not create statutory classifica-
tion of alcoholics and problem drinkers with
respect to traffic offenses. Heninger v. Charnes,
200 Colo. 194, 613 P.2d 884 (1980).
Issuance of driver's license does not confer
upon licensee right that is independently en-
titled to protection against any and all govern-
mental interference or restriction. Heninger v.
Charnes, 200 Colo. 194, 613 P.2d 884 (1980).
Revocation of driver's license implicates
procedural due process protections. People v.
McKnight, 200 Colo. 486, 617 P.2d 1178
(1980).
Revocation of driver's license does not bur-
den right to travel interstate. While the right
to travel interstate is without question a funda-
mental right under the United States constitu-
tion, revocation of a driver's license pursuant to
this section does not burden this fundamental
right. Heninger v. Charnes, 200 Colo. 194, 613
P.2d 884 (1980).
Constitutional due process standards do
not mandate that notice be given to persons
adjudged habitual traffic offenders under this
section as to the possible criminal penalty for
driving in violation of an administrative order
revoking the habitual traffic offender's driver's
license. People v. McKnight, 200 Colo. 486, 617
P.2d 1178 (1980).
Revocation proceeding is not criminal pro-
ceeding. People v. Able, 200 Colo. 115, 618
P.2d 1110 (1980).
Procedural differences with habitual crim-
inal proceeding are reasonable. The differ-
ences in procedures between a license revoca-
tion proceeding and those procedures applicable
to a habitual criminal prosecution are reasonably
related to legitimate state objectives, as the sub-
ject matter addressed by these statutes is so
different and the policy considerations underly-
ing each statutory scheme are so distinct that the
classifications cannot be found to be unreason-
able or lacking in a rational relationship to le-
gitimate state objectives. People v. Shaver, 630
P.2d 600 (Colo. 1981).
Revocation proceeding is civil. The admin-
istrative proceeding to revoke a driver's license
because of habitual traffic offender status is a
civil one. People v. Shaver, 630 P.2d 600 (Colo.
1981).
Proceeding is civil in nature. The adminis-
trative proceeding conducted by the division to
consider defendant's eligibility to retain a li-
cense to operate a motor vehicle in Colorado is
civil in nature. People v. Rocha, 669 P.2d 1366
(Colo. 1983).
Constitutional defense cannot be raised at
hearing. A defendant cannot invoke a constitu-
tional defense in an administrative departmental
42-2-204
Vehicles and Traffic
Title 42 -page 132
hearing where the sole purpose is to determine if
the department's records of the licensee's traffic
offense convictions support the revocation of the
licensee's driver's license pursuant to this sec-
tion. State v. Laughlin, 634 P.2d 49 (Colo.
1981).
There is a duty to comply with order of
revocation until it is rescinded pursuant to a
direct appeal rather than a collateral attack. Peo-
ple v. District Court, 623 P.2d 55 (Colo. 1981).
Driver with three driving while ability im-
paired convictions within a seven-year period
is an habitual traffic offender and may have
his or her license revoked by the department
Kramer v. Colo. Dept. of Rev., 964 P.2d 629
(Colo. App. 1998).
Convictions under the law of another state
that "substantially conform" to the statutory
provisions of Colorado may be included for
purposes of habitual traffic offender status.
Thus, even if plaintiffs Idaho convictions are
the equivalent of Colorado driving while ability
impaired convictions, they may be considered
for purposes of imposing habitual traffic of-
fender status. Kramer v. Colo. Dept. of Rev.,
964 P.2d 629 (Colo. App. 1998).
Applied in Dunn v. Tice, 43 Colo. App. 55,
598 P.2d 530 (1979); Anderson v. Colo. Dept. of
Rev., 44 Colo. App. 157, 615 P.2d 51 (1980);
Laughlin v. State, 44 Colo. App. 157, 618 P.2d
689 (1980); People v. Roybal, 618 P.2d 1121
(Colo. 1980); People v. Hampton, 619 P.2d 48
(1980); People v. Torres, 625 P.2d 1034 (Colo.
1981); Reasoner v. Dept. of Rev., 628 P.2d 187
(Colo. App. 1981); People v. Dooley, 630 P.2d
608 (Colo. 1981); Berry v. Colo. Dept. of Rev.,
656 P.2d 721 (Colo. App. 1982); People v.
Clements, 665 P.2d 624 (Colo. 1983); People v.
Lesh, 668 P.2d 1362 (Colo. 1983); DiMarco v.
Dept. of Rev., MVD, 857 P.2d 1349 (Colo. App.
1993).
42-2-204. Appeals. An appeal may be taken from any action entered under the
provisions of this part 2 as provided in section 42-2-135.
Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1,
1995.
ANNOTATION
Driver has duty to comply with revocation
order until order rescinded. Driver whose li-
cense has been revoked in a proceeding pursuant
to § 42-2-203 has the duty to comply with the
order of revocation until it is rescinded pursuant
to a direct appeal rather than a collateral attack.
People v. Able, 200 Colo. 115, 618 P.2d 1110
(1980).
Applied in People v. District Court, 623 P.2d
55 (Colo. 1981).
42-2-205. Prohibition. (1) No license to operate motor vehicles in this state shall be
issued to an habitual offender, nor shall an habitual offender operate a motor vehicle in this
state:
(a) For a period of five years from the date of the order of the department finding such
person to be an habitual offender except as may be permitted by section 42-2-132.5; and
(b) Until such time as financial responsibility requirements are met.
Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1,
1995. L. 2000: (l)(a) amended, p. 1082, § 11, effective January 1, 2001.
ANNOTATION
Driver is not denied due process by the
automatic revocation of his license under this
section upon obtaining his third alcohol-related
conviction within seven years. The hearing of-
ficer is not required to consider any medical
condition of alcoholism. Hedstrom v. Motor Ve-
hicle Div., 662 P.2d 173 (Colo. 1983).
Language of this section plainly mandates
termination of an habitual offender's right to
operate a motor vehicle for a period of five
years. Fuhrer v. Dept. of Motor Vehicles, 197
Colo. 325, 592 P.2d 402 (1979).
The department has no discretion but to re-
voke a license of an habitual offender for five
years. Hedstrom v. Motor Vehicle Div., 662 P.2d
173 (Colo. 1983).
Language of this section is clear: No indi-
vidual shall operate a motor vehicle anywhere in
the state of Colorado for five years after being
revoked as a habitual offender. U.S. v. Fritz, 26
F. Supp.2d 1285 (D. Colo. 1998).
Constitutional protections afforded crimi-
nal defendants need not be provided. The only
immediate consequence of a determination that
Title 42 - page 133
Drivers' Licenses
42-2-206
the licensee is a habitual traffic offender is a loss
of his driver's license for a period of five years.
Thus, the constitutional protections afforded
criminal defendants need not be provided to the
licensee in such a proceeding. People v. Shaver,
630 P.2d 600 (Colo. 1981).
Failure to warn violator of point accumu-
lation not breach of constitutional protec-
tions. The failure to warn a person charged with
a traffic offense that he will accumulate a des-
ignated number of points against his driving
record upon conviction does not breach any
constitutional protections. People v. Hampton,
619 P.2d 48 (Colo. 1980).
Period of prohibition may not be sus-
pended. No statutory authority exists allowing
any suspension of the period of prohibition re-
quired under this section. Berry v. Colo. Dept. of
Rev, 656 P.2d 721 (Colo. App. 1982).
Department hearing officer has no discre-
tion to issue probationary license. Fuhrer v.
Dept of Motor Vehicles, 197 Colo. 325, 592
P.2d 402 (1979).
Right to counsel. Absent a valid waiver of
the right to counsel, a conviction obtained
against a defendant who is not represented by
counsel may not be used to establish habitual
traffic offender status for the purpose of impos-
ing punishment for violation of § 42-2-206.
People v. Hampton, 619 P.2d 48 (Colo. 1980).
Section not repealed by $ 42-2-124. The
five-year period of revocation provided in this
section is an exception to the general rule of a
one-year period promulgated in § 42-2-124,
and as such, there is no repeal of this section by
implication. Fuhrer v. Dept. of Motor Vehicles,
197 Colo. 325, 592 P.2d 402 (1979).
The phrase "financial responsibility re-
quirements" is not unconstitutionally vague
when construed together with other provisions
of tide 42 in light of their common policy goals,
the intent reflected by the overall legislative
scheme, and the fact that mathematical certainty
in drafting of statutes is not required People v.
Revello, 735 P.2d 487 (Colo. 1987).
Revocation of license of habitual traffic of-
fender remains in effect beyond five-year pe-
riod until statutory conditions for reinstatement
of license are met. People v. Purvis, 735 P.2d
492 (Colo. 1987).
Applied in Schmidt v. Colo. Dept of Rev,
656 P.2d 710 (Colo. App. 1982).
42-2-206. Driving after revocation prohibited. (1) (a) (I) It is unlawful for any
person to operate any motor vehicle in this state while the revocation of the department
prohibiting the operation remains in effect. Any person found to be an habitual offender,
who operates a motor vehicle in this state while the revocation of the department prohibiting
such operation is in effect, commits a class 1 misdemeanor.
(II) Notwithstanding the provisions of section 18-1 .3-501 , C.R.S ., any person convicted
of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory
minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum
fine of three thousand dollars, or both. The minimum jail sentence and fine required by this
subparagraph (II) shall be in addition to any other penalty provided in section 18-1.3-501,
C.R.S. The court may suspend all or a portion of the mandatory jail sentence or fine if the
defendant successfully completes no less than forty hours, and no greater than three hundred
hours, of useful public service. In no event shall the court sentence the convicted person to
probation. Upon the defendant's successful completion of the useful public service, the
court shall vacate the suspended sentence. In the event the defendant fails or refuses to
complete the useful public service ordered, the court shall impose the jail sentence, fine, or
both, as required under this subparagraph (II).
(b) (I) A person commits the crime of aggravated driving with a revoked license if he
or she is found to be an habitual offender and thereafter operates a motor vehicle in this state
while the revocation of the department prohibiting such operation is in effect and, as a part
of the same criminal episode, also commits any of the following offenses:
(A) DUI or DUI per se;
(B) DWAI;
(C) Reckless driving, as described in section 42-4-1401;
(D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;
(E) Violation of any of the requirements specified for accidents and accident reports in
sections 42-4-1601 to 42-4-1606; or
(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
(II) Aggravated driving with a revoked license is a class 6 felony, punishable as
provided in section 18-1.3-401, C.R.S.
(HI) If a defendant is convicted of aggravated driving with a revoked license based
upon the commission of DUI, DUI per se, or DWAI pursuant to sub-subparagraph (A) or
(B) of subparagraph (I) of this paragraph (b):
42-2-206
Vehicles and Traffic
Title 42 -page 134
(A) The court shall convict and sentence the offender for each offense separately;
(B) The court shall impose all of the penalties for the alcohol-related driving offense,
as such penalties are described in section 42-4-1307;
(C) The provisions of section 18-1 -408, C.R.S, shall not apply to the sentences imposed
for either conviction;
(D) Any probation imposed for a conviction under this section may run concurrently
with any probation required by section 42-4-1307; and
(E) The department shall reflect both convictions on the defendant's driving record.
(2) For the purpose of enforcing this section in any case in which the accused is charged
with driving a motor vehicle while such person's license, permit, or privilege to drive is
revoked or is charged with driving without a license, the court, before hearing such charges,
shall require the district attorney to determine whether such person has been determined to
be an habitual offender and by reason of such determination is barred from operating a
motor vehicle on the highways of this state. If the district attorney determines that the
accused has been so held, the district attorney shall cause the appropriate criminal charges
to be lodged against the accused. »
Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1,
1995. L. 99: (1) amended, p. 796, § 9, effective July 1. L. 2000: (l)(a) amended, p. 682,
§ 1, effective July 1; (l)(a) and IP(l)(b)(D amended and (l)(b)(I)(F) added, p. 710, § 46,
effective July 1. L. 2002: (l)(a)(II) and (l)(b)(H) amended, p. 1560, § 364, effective
October 1. L. 2008: (l)(b)(I)(A) and (l)(b)(I)(B) amended, p. 251, § 16, effective July 1.
L. 2010: (l)(b)(m) added, (HB 10-1347), ch. 258, p. 1158, § 3, effective July 1.
Editor's note: Amendments to subsection (l)(a) by House Bill 00-1107 and House Bill 00-1426
were harmonized.
Cross references: For the legislative declaration contained in the 2002 act amending subsections
(l)(a)(II) and (l)(b)(H), see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
I. General Consideration,
n. Elements.
A. In General.
B. Emergency.
C. Collateral Attack on Prior Convic-
tion.
I. GENERAL CONSIDERATION.
Section is not unconstitutional as violative
of equal protection, despite the contention that
it has created classifications providing that ha-
bitual traffic offenders be subjected to manda-
tory sentencing, whereas other offenders whose
conduct is of far greater culpability may be
granted probation or be given suspended sen-
tences. People v. Scott, 200 Colo. 365, 615 P.2d
680 (1980).
Punishment is not cruel and unusual. The
punishment mandated by this section is not so
disparate to the gravity of the offense as to
constitute cruel and unusual punishment. People
v. Shaver, 630 P.2d 600 (Colo. 1981).
Procedures upon which prosecutions under
section are based are fundamentally fair, are
adequate to assure an accurate determination of
habitual traffic offender status, and accord due
process of law to a licensee later accused of
violating this section. People v. McKnight, 200
Colo. 486, 617 P.2d 1178 (1980).
Constitutional standards for voluntary and
understanding plea of guilty clearly are ap-
plicable to the traffic offense convictions of
driving under suspension. People v. Shaver, 630
P.2d 600 (Colo. 1981).
Section must be construed to prohibit use
of conviction obtained without benefit or
waiver of counsel as a part of the foundation for
the sentence of imprisonment which is man-
dated for violation of that statute. People v.
Roybal, 618 P.2d 1121 (Colo. 1980).
Absent a valid waiver of the right to counsel,
a conviction obtained against a defendant who is
not represented by counsel may not be used to
establish habitual traffic offender status for the
purpose of imposing punishment for violation of
this section. People v. Hampton, 619 P.2d 48
(Colo. 1980); People v. Rocha, 650 P.2d 569
(Colo. 1982).
A violation of a defendant's constitutional
right to counsel in a traffic offense proceeding
can be asserted as a defense in a subsequent
prosecution for driving after judgment prohib-
ited based in essential part upon conviction of
that traffic offense. People v. Mascarenas, 632
P.2d 1028 (Colo. 1981).
Title 42 -page 135
Drivers* Licenses
42-2-206
Notification of criminal penalty for viola-
tion not required. The department is not re-
quired to notify persons adjudged habitual traffic
offenders of die possible criminal penalty for
driving in violation of the order of revocation.
People v. Shaver, 630 P.2d 600 (Colo. 1981).
Crim. P. 11(b)(4), not applicable to this
section. Where defendant's third conviction
makes him subject to enhanced punishment as
an habitual traffic offender under subsection (1),
the attainment of this status is not a "penalty"
within the meaning of Crim. P. 11(b)(4), and the
defendant does not have to be advised of the
possible consequences of multiple convictions
before a court can increase the punishment for
his attainment thereof. People v. Heinz, 197
Colo. 102, 589 P.2d 931 (1979).
Although compliance with Crim. P. 11,
may be considered by court Compliance with
Crim. P. 11, although not conclusive of the issue
of a defendant's waiver of counsel, is an appro-
priate factor for the court to consider in resolv-
ing a defendant's challenge to the admission of
the order of revocation. People v. Shaver, 630
P.2d 600 (Colo. 1981).
Administrative hearing not "critical stage"
of prosecution. The department of motor ve-
hicles' administrative hearing which results in
license revocation pursuant to § 42-2-203 is not
a "critical stage" of the prosecution for viola-
tion of this section. People v. McKnight, 200
Colo. 486, 617 P.2d 1178 (1980); People v.
Shaver, 630 P.2d 600 (Colo. 1981).
Driving after revocation pursuant to this
section and driving while license denied, sus-
pended, or revoked pursuant to § 42-2-103 pro-
scribe the same act, and defendant may not be
convicted or punished under both statutes. Peo-
ple v. Rodriguez, 849 P.2d 799 (Colo. App.
1992).
Applied in People v. Meyers, 617 P.2d 808
(Colo. 1980); People v. Able, 618 P.2d 1110
(Colo. 1980); People v. Torres, 625 P.2d 1034
(Colo. 1981); People v. Hunt, 632 P.2d 572
(Colo. 1981); People v. Clements, 665 P.2d 624
(Colo. 1983).
n. ELEMENTS.
A. In General.
Two elements of crime of driving after
judgment prohibited are: (1) operation of a
motor vehicle in this state; and (2) operation of
a motor vehicle while the order of revocation of
the appellant's driver's license as an habitual
offender was in effect. People v. Moore, 200
Colo. 481, 615 P.2d 726 (1980).
Proper charge of violation of section must
include not only an allegation that the license of
an accused driver had been revoked upon a
determination that he was an habitual traffic
offender but also an allegation that the accused
was operating a motor vehicle on the highways
of this state while that revocation was still in
effect. People v. Moore, 200 Colo. 481, 615 P.2d
726 (1980).
Knowledge of revocation order is essential
element As a matter of statutory construction,
knowledge of the order of revocation is an es-
sential element in a driving after judgment pro-
hibited prosecution. People v. Lesh, 668 P.2d
1362 (Colo. 1983); People v. Parga, 964 P.2d
571 (Colo. App. 1998); Griego v. People, 19
P.3d 1 (Colo. 2001).
The prosecution is required to prove the ele-
ment of knowledge of the revocation order in a
driving after judgment prohibited case, as mail-
ing notice of the order is only prima facie proof
of its receipt, and is not conclusive. People v.
Lesh, 668 P.2d 1362 (Colo. 1983).
To satisfy mens rea requirement for con-
viction on charge of felony driving after judg-
ment prohibited, defendant must have actual
knowledge of habitual traffic offender revo-
cation. For purposes of driving after judgment
prohibited statute, "actual knowledge" is as de-
fined in § 18-1-501 (6). The constructive
knowledge definition contained in the misde-
meanor driving-under-restraint statute is inap-
plicable to the felony offense of driving after
judgment prohibited. People v. Parga, 964 P.2d
571 (Colo. App. 1998); Griego v. People, 19
P.3d 1 (Colo. 2001).
Defendant's driving record relevant to es-
tablish knowledge of status as an habitual
offender. On retrial, jury may consider defen-
dant's record of traffic offenses as circumstantial
evidence suggesting that he has actual knowl-
edge that his license had been revoked as an
habitual traffic offender. People v. Parga, 964
P.2d 571 (Colo. App. 1998).
Improperly instructing jury on required
culpable mental state is not harmless error.
People v. Parga, 964 P.2d 571 (Colo. App.
1998).
The mens rea element for the offense of
driving after judgment is not set forth in this
section. However, actual knowledge of the order
of revocation of license as an habitual offender
is an essential element of the offense. People v.
Villa-Villa, 983 P.2d 181 (Colo. App. 1997).
A defendant may be convicted under this
section not only if he actually knew his license
had been revoked but also if a reasonable
person in the defendant's position would have
known that his license was under revocation as
an habitual offender. People v. Villa-Villa, 983
P.2d 181 (Colo. App. 1997).
Inability of a defendant to read and under-
stand English does not render the notice of
revocation insufficient and does not, as a mat-
ter of law, constitute a defense to knowledge of
revocation of driving privileges. People v. Villa-
Villa, 983 P.2d 181 (Colo. App. 1997).
42-2-206
Vehicles and Traffic
Title 42 -page 136
When the documentary evidence included
a proof of service, dated shortly before the
alleged violation, of a notice stating that it
was unlawful for the defendant to operate a
motor vehicle and a certified copy of defen-
dant's driving record, dated shortly afer the
alleged violation, showing that his license was
under revocation, it was reasonable to con-
clude both that defendant's license was under
revocation at the time of the alleged violation
and that he knew of the revocation. People v.
Espinoza, 195 P.3d 1122 (Colo. App. 2008).
"Conviction" to include plea of guilty. In
enacting § 42-2-201 et seq., the general assem-
bly was concerned with identifying and punish-
ing habitual offenders of traffic laws. To give
effect to that expressed concern, the definition of
the term "conviction" must include a plea of
guilty. Walker v. District Court, 199 Colo. 128,
606 P.2d 70 (1980).
Sentence requirement in this section re-
mains mandatory and is not subject to plea
bargaining to obtain a deferred sentence as gen-
erally allowed by § 16-7-403. Walker v. District
Court, 199 Colo. 128, 606 P.2d 70 (1980).
The trial court did not err in failing to
define "operate" for the jury as requiring
actual movement because a person who is be-
hind the wheel of a car with the engine running
is in actual physical control of the vehicle and
thus driving. People v. Gregor, 26 P.3d 530
(Colo. App. 2000).
Operating a motor vehicle means exercis-
ing physical control over a motor vehicle. The
threat that impaired driving statutes seek to
avoid is that a vehicle will be put into motion by
an intoxicated occupant and thus pose a risk to
the safety of the occupant and others. The risk
remains present when the reason for a vehicle's
inoperability is a temporary condition that can
be quickly remedied. The "reasonably capable
of being rendered operable" standard distin-
guishes between a vehicle that has simply run
out of gas and one that is in a condition that
renders it "totally inoperable". People v.
VanMatre, 190 P.3d 770 (Colo. App. 2008).
B. Emergency.
Existence of emergency does not affect
criminality of the conduct of driving in viola-
tion of this section. People v. McKnight, 200
Colo. 486, 617 P.2d 1178 (1980).
Defendant must prove existence of emer-
gency by a preponderance of the evidence. Peo-
ple v. McKnight, 200 Colo. 486, 617 P.2d 1178
(1980).
Trial judge determines existence of emer-
gency. The trial judge, and not the jury, must
make the determination regarding the existence
of an emergency. People v. McKnight, 200 Colo.
486, 617 P.2d 1178 (1980).
The term "emergency" in this section is
broader than the term used in the statute
governing choice of evils defense and so the
trial court did not abuse its discretion by rinding
that an emergency existed for purposes of sen-
tencing after ruling that no emergency existed
for purposes of disallowing use of a choice of
evils defense. People v. Weiser, 789 P.2d 454
(Colo. App. 1989).
C. Collateral Attack on Prior Conviction.
There is a duty to comply with order of
revocation until it is rescinded pursuant to a
direct appeal rather than a collateral attack. Peo-
ple v. District Court, 623 P.2d 55 (Colo. 1981).
Section on its face does not preclude collat-
eral attack on the underlying traffic convic-
tions. People v. Roybal, 618 P.2d 1121 (Colo.
1980).
Defendant may collaterally attack prior
convictions when later charged with violation
of this section. People v. DeLeon, 625 P.2d 1010
(Colo. 1981); People v. Shaver, 630 P.2d 600
(Colo. 1981); People v. Dooley, 630 P.2d 608
(Colo. 1981); People v. Swann, 770 P.2d 411
(Colo. 1989).
Bases for collateral attack limited. A defen-
dant cannot collaterally attack order of revoca-
tion on any bases other than lack of jurisdiction
or a violation of constitutional protections in the
proceeding upon which the order was based.
People v. District Court, 623 P.2d 55 (Colo.
1981).
Unconstitutionally obtained conviction
cannot be used in later proceeding to support
guilt or enhance punishment. People v. Roybal,
618 P.2d 1121 (Colo. 1980); People v. Shaver,
630 P.2d 600 (Colo. 1981); State v. Laughlin,
634 P.2d 49 (Colo. 1981).
The order of revocation being an essential
element of the crime of driving after judgment
prohibited, it may not be admitted into evidence
at trial if the underlying convictions supporting
the order were obtained in derogation of the
defendant's constitutional right to counsel. Peo-
ple v. Shaver, 630 P.2d 600 (Colo. 1981).
Defendant may attack constitutionality of
underlying conviction. In a criminal proceed-
ing instituted pursuant to this section, a defen-
dant may attack the constitutionality of bis con-
viction for a traffic offense which provides the
basis for his habitual traffic offender status. State
v. Laughlin, 634 P.2d 49 (Colo. 1981).
Where constitutional defects are alleged, de-
fendant may challenge convictions supporting
bis status as an habitual traffic offender at his
trial for violation of this section. People v.
Hampton, 619 P.2d 48 (Colo. 1980).
A defendant charged with driving after judg-
ment prohibited has a right to challenge the
constitutional validity of the traffic offense con-
Title 42 - page 137
Drivers' Licenses
42-2-208
victions which underlie that charge. People v.
Mascarenas, 632 P.2d 1028 (Colo. 1981).
Defendant must make prima facie snowing
that prior conviction is invalid in order to bar
the use of that conviction in a later proceeding.
People v. Roybal, 618 P.2d 1121 (Colo. 1980);
People v. DeLeon, 625 P.2d 1010 (Colo. 1981).
The defendant's burden on a challenge to the
admission of an order of revocation is to make a
prima facie showing that one or more of the
underlying convictions was constitutionally in-
valid. People v. Shaver, 630 P.2d 600 (Colo.
1981); People v. Swann, 770 P.2d 411 (Colo.
1989).
What constitutes prima facie showing. A
prima facie showing in the context of a chal-
lenge to the validity of a conviction means
evidence which, when considered in a light most
favorable to the defendant and all reasonable
inferences therefrom are drawn in his favor,
would permit the court to find that one or more
of the traffic offense convictions essential to the
order of revocation was not obtained in accor-
dance with the constitutional right to effective
assistance of counsel or due process of law.
People v. Shaver, 630 P.2d 600 (Colo. 1981);
People v. Mascarenas, 632 P.2d 1028 (Colo.
1981).
Once prima facie showing that prior con-
viction is invalid has been made, the prosecu-
tion has the burden to establish that the convic-
tion was constitutionally obtained. People v.
Roybal, 618 P.2d 1121 (Colo. 1980); People v.
DeLeon, 625 P.2d 1010 (Colo. 1981); People v.
Shaver, 630 P.2d 600 (Colo. 1981); People v.
Mascarenas, 632 P.2d 1028 (Colo. 1981); Peo-
ple v. Swann, 770 P.2d 411 (Colo. 1989).
Burden of establishing constitutional valid-
ity is by preponderance. The appropriate bur-
den for the prosecution is to establish the con-
stitutional validity of a traffic conviction by a
preponderance of the evidence. People v.
Shaver, 630 P.2d 600 (Colo. 1981).
Burden is distinct from proving guilt be-
yond reasonable doubt This standard of proof
on admissibility of prior convictions is to be
distinguished from, and does not in any manner
implicate, the prosecution's burden of proving
to the jury the defendant's guilt beyond a rea-
sonable doubt on all essential elements of the
crime charged. People v. Shaver, 630 P.2d 600
(Colo. 1981).
Failure to make prima facie showing that
prior conviction invalid. Where defendant fails
to present any affirmative evidence to show that
the defendant's pleas were involuntary or with-
out factual basis, or even that the court failed to
inquire into these matters when accepting his
pleas, the defendant has failed to make a prima
facie showing that a prior conviction was in-
valid People v. Fleming, 781 P.2d 1384 (Colo.
1989).
No review in criminal proceeding of ad-
ministrative decision. A defendant's right to
demonstrate the constitutional invalidity of a
prior judicial determination of guilt does not
include the right to obtain judicial review in a
criminal proceeding of a prior administrative
decision affecting defendant's status in other
context. People v. Rocha, 669 P.2d 1366 (Colo.
1983).
A defendant charged under this section
cannot collaterally attack prior uncounseled
speeding convictions where he failed to raise
such issue during driving under suspension pro-
ceedings based on said speeding convictions.
Wilson v. People, 742 P.2d 322 (Colo. 1987).
42-2-207. No existing law modified. Nothing in this part 2 shall be construed as
amending, modifying, or repealing any existing law of this state or any existing ordinance
of any political subdivision relating to the operation of motor vehicles or the providing of
penalties for the violation thereof; nor shall anything in this part 2 be construed as
precluding the exercise of the regulatory powers of any division, agency, department, or
political subdivision of this state having the statutory authority to regulate such operation
or licensing.
Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1,
1995.
42-2-208. Computation of number of convictions. With respect to persons charged as
habitual offenders, in computing the number of convictions, all convictions must result from
offenses occurring on or after July 1, 1973.
Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1,
1995.
42-2-301 Vehicles and Traffic Title 42 - page 138
PART 3
IDENTinCAnON CARDS
42-2-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Department** means the department of revenue.
(2) "Identification card" means the identification card issued under this article.
(3) "Registrant** means a person who acquires an identification card under the provi-
sions of this part 3.
Source: L. 94: Entire title amended with relocations, p. 2160, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-401 as it existed prior to 1994.
42-2-302. Department may issue - limitations. (1) (a) (I) A person who is a
resident of Colorado may be issued an identification card by the department, attested by the
applicant and department as to true name, date of birth, current address, and other
identifying data the department may require.
(H) An application for an identification card shall contain the applicant's fingerprint.
(HI) An application for an identification card shall include the applicant's social
security number or a sworn statement made under penalty of law that the applicant does not
have a social security number.
(IV) An identification card shall not be issued until any previously issued instruction
permit or minor driver's or driver* s license is surrendered or cancelled.
(V) The applicant* s social security number shall remain confidential and shall not be
placed on the applicant* s identification card. Such confidentiality shall not extend to the
state child support enforcement agency, the department, or a court of competent jurisdiction
when requesting information in the course of activities authorized under article 13 of title
26, C.R.S., or article 14 of title 14, C.R.S.
(b) (I) Id addition to the requirements of paragraph (a) of this subsection (1), an
application for an identification card shall state mat:
(A) The applicant understands that, as a resident of the state of Colorado, any motor
Vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the
state and the applicant may be subject to criminal penalties, civil penalties, cancellation or
denial of the applicant's identification card, and liability for any unpaid registration fees and
specific ownership taxes if the applicant fails to comply with such registration requirements;
and
(B) The applicant agrees, within thirty days after the date the applicant became a
resident, to register in Colorado any vehicle owned by the applicant.
(II) The applicant shall verify the statements required by this paragraph (b) by the
applicant* s signature on the application.
(c) A sworn statement that is made under penalty of perjury shall be sufficient evidence
of the applicant's social security number required by this subsection (1) and shall authorize
the department to issue an identification card to the applicant. Nothing in this paragraph (c)
shall be construed to prevent the department from cancelling, denying, recalling, or
updating an identification card if the department learns that the applicant has provided a
false social security number.
(2) (a) The department shall issue an identification card only upon the furnishing of a
birth certificate or other documentary evidence of identity that the department may require.
An applicant who submits a birth certificate or other documentary evidence issued by an
entity other than a state or the United States shall also submit such proof as the department
may require that the applicant is lawfully present in the United States. An applicant who
submits as proof of identity a driver's license or identification card issued by a state that
issues drivers' licenses or identification cards to persons who are not lawfully present in the
United States shall also submit such proof as the department may require that the applicant
Title 42 - page 139 Drivers' Licenses 42-2-302
is lawfully present in the United States. The department may assess a fee under section
42-2-306 (1) (b) if the department is required to undertake additional efforts to verify the
identity of the applicant.
(b) The department may not issue an identification card to any person who is not
lawfully present in the United States.
(c) The department may not issue an identification card to any person who is not a
resident of the state of Colorado. The department shall issue an identification card only upon
the furnishing of such evidence of residency that the department may require.
(3) (a) The department has the authority to cancel, deny, or deny the reissuance of the
identification card of a person upon determining that the person is not entitled to issuance
of the identification card for the following reasons:
(1) Failure to give the required or correct information in an application or commission
of any fraud in making such application;
(II) Permission of an unlawful or fraudulent use or conviction of misuse of an
identification card;
(ID) The person is not lawfully present in the United States; or
(IV) The person is not a resident of the state of Colorado.
(b) If the department cancels, denies, or denies the reissuance of the identification card
of a person, such person may request a hearing pursuant to section 24-4-105, C.R.S.
(4) (a) Any male United States citizen or immigrant who applies for an identification
card or a renewal or duplicate of any such card and who is at least eighteen years of age but
less than twenty-six years of age shall be registered in compliance with the requirements of
section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended.
(b) The department shall forward in an electronic format the necessary personal
information of the applicants identified in paragraph (a) of this subsection (4) to the
selective service system. The applicant's submission of an application shall serve as an
indication that the applicant either has already registered with the selective service system
or that he is authorizing the department to forward to the selective service system the
necessary information for such registration. The department shall notify the applicant that
his submission of an application constitutes consent to registration with the selective service
system, if so required by federal law.
(5) The department shall not issue an identification card to a first time applicant in
Colorado until the department completes its verification of all facts relative to such
applicant's right to receive an identification card including the residency, identity, age, and
current licensing status of the applicant. Such verification shall utilize appropriate and
accurate technology and techniques. Such verification shall include a comparison of
existing driver's license and identification card images in department files with the
applicant's images to ensure such applicant has only one identity.
(6) The department shall not issue an identification card to a person who holds a valid
minor driver's or driver's license.
Source: L. 94: Entire title amended with relocations, p. 2161, § 1, effective January 1,
1995. L. 97: (2) amended and (3) added, p. 202, § 1, effective July 1; (1) amended, p.
1001, § 3, effective August 6. L. 98: (2) and (3)(a) amended, p. 295, §§ 3, 4, effective July
1. L. 2001: (l)(a) amended and (5) and (6) added, p. 941, § 6, effective July 1; (l)(a)
amended and (1 ){c) added, p. 783, § 2, effective August 8; (4) added, p. 647, § 2, effective
August 8. L. 2002: (2)(a) amended, p. 171, § 2, effective April 2. L. 2005: (l)(a)
amended, p. 649, § 19, effective May 27. L. 2006: (l)(a) amended, p. 46, § 1, effective
July 1.
Editor's note: (1) This section is similar to former § 42-2-402 as it existed prior to 1994.
(2) Amendments to subsection (l)(a) by Senate Bill 01-142 and House Bill 01-1125 were
harmonized.
(3) Subsections (5) and (6) were originally numbered as (4) and (5) in House Bill 01-1125 but
have been renumbered on revision for ease of location.
42-2-303 Vehicles and Traffic Title 42 - page 140
42-2-303. Contents of identification card. (1) (a) The identification card shall be
the same size as a driver's license issued pursuant to parts 1 and 2 of this article. The card
shall adequately describe the registrant, bear the registrant's picture, and bear the following:
"State of Colorado", "Identification Card No ", and "This is not a driver's license."
Each identification card issued to an individual under this section shall show a photograph
of the registrant's full face.
(b) (I) In the event the department issues an identification card that contains stored
information, such card may include only the information that is specifically referenced in
paragraph (a) of this subsection (1) and that appears in printed form on the face of the card
issued by the department to the registrant; except that such stored information shall not
include the registrant's social security number.
(II) As used in this paragraph (b), "stored information" includes information that is
stored on the identification card by means of magnetic or electronic encoding, or by any
other technology designed to store retrievable information.
(2) Repealed.
(3) An identification card shall contain one or more security features that are not visible
and are capable of authenticating such card and any information contained therein.
(4) (a) At the applicant's voluntary request, the department shall issue an identification
card bearing an identifier of a branch of the United States armed forces, such as "Marine
Corps", "Navy", "Army", "Air Force", or "Coast Guard", if the applicant possesses a
currently valid military identification document, a DD214 form issued by the United States
government, or any other document accepted by the department that demonstrates that the
applicant is an active member or a veteran of the branch of service that the applicant has
requested be placed on the identification card. The applicant shall not be required to provide
documentation that the applicant is an active member or a veteran of a branch of the United
States armed forces to renew or be reissued an identification card bearing an identifier
issued pursuant to this subsection (4). The department shall not place more than one branch
of the United States armed forces identifier on an applicant's identification card.
(b) To be issued an identification card bearing a branch of service identifier, or to have
such license renewed, the applicant shall pay a fee of fifteen dollars to the department,
which shall be in addition to any other fee for an identification card. The department shall
transfer the fee to the state treasurer, who shall credit the fee to the highway users tax fund.
(c) Repealed.
Source: L. 94: (1) amended, p. 1453, § 2, effective May 25; entire title amended with
relocations, p. 2161, § 1, effective January 1, 1995. L. 2001: (3) added, p. 941, § 7,
effective July 1. L. 2005: (2) repealed, p. 650, § 20, effective May 27. L. 2010: (4) added,
(HB 10-1209), ch. 322, p. 1498, § 2, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-403 as it existed prior to 1994.
(2) Amendments to subsection (1) by House Bill 94-1346 were harmonized with Senate Bill
94-001.
(3) Subsection (4)(c)(II) provided for the repeal of subsection (4)(c), effective July 1 , 201 1 . (See
L. 2010, p. 1498.)
42-2-304. Validity of identification card - rules. (1) Except as provided in subsec-
tion (2) of this section, an identification card issued pursuant to this part 3 expires on the
birthday of the registrant in the fifth year after issuance of the identification card. The
department may purge its records of such cards twelve years after issuance; except that any
records concerning identification cards issued prior to April 16, 1996, may not be purged
until October 1, 2003.
(1.5) (a) Any individual who has been issued an identification card pursuant to this
section may renew the card prior to the expiration of the card upon application in person and
payment of the required fee.
(b) The department may not renew an identification card for a person if the person
would not be eligible for an identification card pursuant to section 42-2-302 (2) (b) or (2)
(c).
Title 42 - page 141 Drivers' Licenses 42-2-305
(1.7) (a) If allowed under federal law, the department shall allow renewal of an
identification card issued under section 42-2-302 by mail subject to the following require-
ments:
(1) Renewal by mail shall be available to qualifying individuals as determined by the
department of revenue including but not limited to persons with disabilities and individuals
who are sixty-five years of age or older.
(II) Renewal by mail shall only be available every other renewal period.
(HI) A person renewing by mail shall attest under penalty of perjury that he or she is
lawfully present in the United States.
(IV) A person renewing by mail shall attest under penalty of perjury that he or she is
a resident of the state of Colorado.
(b) Every applicant for renewal of an identification card by mail shall submit the
required fee or surcharge, if any.
(c) The department may promulgate rules necessary for the implementation of this
subsection (1.7).
(2) (a) An identification card issued on or before June 30, 2001, to a person less than
eighteen years of age shall expire on the registrant's eighteenth birthday. Such person may
renew the card prior to its expiration upon application in person and by paying the required
fee. The renewed card for such person shall expire on the registrant's twenty-first birthday.
(b) An identification card issued to an individual prior to April 16, 1996, does not
expire unless the true name or social security number, if any, of the individual changes. An
individual who has been issued a card prior to April 16, 1996, may voluntarily surrender
such card to the department and, upon payment of the fee required for an identification card
application, may request issuance of a new identification card containing an expiration date
pursuant to the provisions of subsection (1) of this section.
(b.5) An identification card issued on or after July 1, 2001, to a person less than
twenty-one years of age shall expire on the registrant's twenty-first birthday.
(c) An identification card issued to an individual sixty-five years of age or older expires
on the birthday of the registrant in the fifth year after issuance of the identification card.
Source: L. 94: Entire title amended with relocations, p. 2161, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 332, § 1, effective April 16. L. 98: (1.5) amended,
p. 296, § 5, effective July 1. L. 2000: (1) and (2)(a) amended and (2)(b.5) added, p. 1346,
§ 8, effective July 1, 2001. L. 2005: (1) amended, p. 650, § 21, effective May 27.
L. 2006: (1.7) and (2)(c) added, pp. 570, 571, §§ 1, 2, effective July 1.
Editor's note: This section is similar to former § 42-2-404 as it existed prior to 1994.
42-2-304.5. Cancellation or denial of identification card - failure to register ve-
hicles in Colorado. The department may cancel, deny, or deny reissuance of an identifi-
cation card upon determining that the registrant has failed to register in Colorado all
vehicles owned by the registrant under the requirements of section 42-3-103. Upon such
cancellation, the registrant shall surrender the identification card to the department The
registrant is entitled to a hearing under the procedures provided in section 42-2-122.
Source: L. 97: Entire section added, p. 1002, § 4, effective August 6.
42-2-305. Lost, stolen, or destroyed cards. If an identification card is lost, destroyed,
or mutilated or a new name is acquired, the registrant may obtain a new identification card
upon furnishing satisfactory proof of such fact to the department. Any registrant who loses
an identification card and who, after obtaining a new identification card, finds the original
card shall immediately surrender the original card to the department The same documen-
tary evidence shall be furnished for a new identification card as for an original identification
card. A new identification card issued pursuant to this section shall expire on the birthday
of the registrant in the fifth year after the issuance of the new identification card; except that,
42-2-306 Vehicles and Traffic Title 42 - page 142
if the registrant is under the age of twenty-one years at the time the application for the new
identification card is made, the new identification card shall expire on the registrant's
twenty-first birthday.
Source: L. 94: Entire title amended with relocations, p. 2162, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1347, § 10, effective July 1, 2001. L. 2008:
Entire section amended, p. 1918, § 144, effective August 5.
Editor's note: This section is similar to former § 42-2-405 as it existed prior to 1994.
42-2-306. Fees - disposition - repeal. ( 1 ) The department shall charge and collect the
following fees:
(a) (I) (Deleted by amendment, L. 2007, p. 1572, § 5, effective July 1, 2007.)
(II) Except as provided in subparagraphs (HI) and (in.5) of this paragraph (a), a fee of
nine dollars and ninety cents at the time of application for an identification card or renewal
of an identification card.
(III) The fee for the renewal of an identification card pursuant to section 42-2-304 (2)
(a) for a person under eighteen years of age who received an identification card on or before
June 30, 2001, shall be three dollars and fifty cents payable at the time of the application
for renewal of the identification card.
(m.5) The department shall not charge a fee to an applicant who is:
(A) Sixty years of age or older;
(B) Referred by a county department of social services pursuant to section 25.5-4-205
(3), 26-2-106 (3), or 26-5-101 (3) (o), C.R.S.; or
(C) Referred by the department of corrections, the division of youth corrections, or a
county jail.
(IV) On or before July 1, 2005, the department shall submit a report to the transpor-
tation legislation review committee, created in section 43-2-145, C.R.S., concerning the
effect of extending the expiration of identification cards on the fee revenue of the
department, and the advisability of continuing the fees imposed in subparagraph (V) of this
paragraph (a) and the identification security fund created in section 42-1-220 that is funded
through such fees.
(V) (A) In addition to the fees imposed in subparagraphs ( H ) and (EI) of this paragraph
(a), the fee for the issuance of an identification card shall include a sixty-cent surcharge.
Such surcharge shall be forwarded to the department for transmission to the state treasurer,
who shall credit the same to the identification security fund created in section 42-1-220.
(B) This subparagraph (V) is repealed, effective July 1, 2014.
(b) A fee of twenty dollars to cover the costs incurred by the department for the
reissuance of an identification card that has been cancelled or denied pursuant to section
42-2-302 (3), or to verify the identity of the applicant.
(2) Fees collected under this section shall be remitted monthly to the state treasurer,
who shall deposit the fee in the licensing services cash fund created in section 42-2-114.5.
Source: L. 94: Entire title amended with relocations, p. 2162, § 1, effective January 1,
1995. L. 96: (1) amended, p. 333, § 2, effective April 16. L. 97: (1) amended, p. 203, § 2,
effective July 1. L. 98: (l)(a) amended, p. 934, § 3, effective August 5. L. 2000: (l)(a)
amended, p. 1347, § 9, effective July 1, 2001. L. 2001: (l)(a)(IV) amended and (l)(a)(V)
added, p. 940, § 4, effective July 1. L. 2006: (l)(a)(V)(B) amended, p. 657, § 3, effective
April 24; (l)(a)(I) and (l)(a)(II) amended, p. 2023, § 119, effective July 1. L. 2007:
(l)(a)(I), (l)(a)(n), and (2) amended, p. 1572, § 5, effective July 1. L. 2009: (2) amended,
(SB 09-274), ch. 210, p. 953, § 6, effective May 1; (l)(a)(V) amended, (SB 09-025), ch.
266, p. 1215, § 3, effective July 1. L. 2010: (l)(a)(II) amended and (l)(a)(m.5) added, (SB
10-006), ch. 341, p. 1578, § 4, effective June 5; (l)(a)(V)(A) amended, (HB 10-1422), ch.
419, p. 2125, § 184, effective August 11.
Editor's note: This section is similar to former § 42-2-406 as it existed prior to 1994.
Title 42 - page 143 Drivers' Licenses 42-2-310
42-2-307. Change of address. Any registrant who acquires an address different from
the address shown on the identification card issued to the registrant shall, within thirty days
thereafter, notify the department of such change as specified in section 42-2-1 19 (1) (a). The
department may thereupon take any action deemed necessary to ensure that the identifica-
tion card reflects the proper address of the registrant.
Source: L. 94: Entire title amended with relocations, p. 2162, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 650, § 22, effective May 27. L. 2010: Entire
section amended, (HB 10-1045), ch. 317, p. 1479, § 4, effective July 1, 2011.
Editor's note: This section is similar to former § 42-2-407 as it existed prior to 1994.
42-2-308. No liability on public entity. No public entity shall be liable for any loss or
injury directly or indirectly resulting from false or inaccurate information contained in
identification cards provided for in this part 3.
Source: L. 94: Entire title amended with relocations, p. 2162, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-408 as it existed prior to 1994.
42-2-309. Unlawful acts. (1) It is unlawful for any person:
(a) To display, cause or permit to be displayed, or have in that persons possession any
surrendered, fictitious, fraudulently altered, or fraudulently obtained identification card;
(b) To lend that person* s identification card to any other person or knowingly permit the
use thereof by another;
(c) To display or represent any identification card not issued to that person as being that
person's card;
(d) To permit any unlawful use of an identification card issued to that person;
(e) To do any act forbidden or fail to perform any act required by this part 3, which
would not include use of such card after the expiration date;
(f) To photograph, photostat, duplicate, or in any way reproduce any identification card
or facsimile thereof in such a manner that it could be mistaken for a valid license, or to
display or have in that person's possession any such photograph, photostat, duplicate,
reproduction, or facsimile unless authorized by law;
(g) To photograph, photostat, duplicate, or in any way produce any identification card
as defined in section 42-2-301 (2), or facsimile thereof, unless authorized by law, in such
a manner that it could be mistaken for a valid identification card or to display or possess any
such photograph, photostat, duplicate, production, or facsimile;
(h) To photograph, photostat, duplicate, or in any way reproduce any identification card
or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data
or images contained in such identification card unless authorized by the department or
otherwise authorized by law.
Source: L. 94: (l)(g) added, p. 495, § 1, effective March 31; entire title amended with
relocations, p. 2162, § 1, effective January 1, 1995. L. 97: (l)(h) added, p. 355, § 3,
effective August 6.
Editor's note: (1) This section is similar to former § 42-2-409 as it existed prior to 1994.
(2) Subsection (l)(g) enacted by Senate Bill 94-012 was harmonized with Senate Bill 94-001.
42-2-310. Violation. Any person who violates any of the provisions of this part 3
commits a class 3 misdemeanor, as provided in section 18-1.3-501, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2163, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1560, § 365, effective October 1.
42-2-3 1 1 Vehicles and Traffic Title 42 - page 144
Editor's note: This section is similar to former § 42-2-410 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-2-311. County jail identification processing unit - report - repeal. (Repealed)
Source: L. 2009: Entire section added, (SB 09-006), ch. 403, p. 2217, § 2, effective
June 2.
Editor's note: Subsection (3)(b) provided that this section would be repealed if the reviser of
statutes did not receive notification from the executive director of the department of revenue that the
estimated amount of moneys to implement this section was received. The revisor of statutes did not
receive such notice by June 30, 2012, and so this section is repealed, effective July 1, 2012. (See L.
2009, p. 2217.)
Cross references: For the legislative declaration contained in the 2009 act adding this section, see
section 1 of chapter 403, Session Laws of Colorado 2009.
42-2-312. County jail identification processing unit fund. The department of revenue
is authorized to accept gifts, grants, or donations from private or public sources for the
purposes of implementing section 42-2-311; except that no gift, grant, or donation may be
accepted by the state treasurer if it is subject to conditions that are inconsistent with this
article or any other law of the state. All moneys collected pursuant to this section shall be
transmitted to the state treasurer, who shall credit the same to the county jail identification
processing unit fund, which fund is hereby created and referred to in this section as the
"fund**. The moneys in the fund shall be subject to annual appropriation by the general
assembly for the direct and indirect costs associated with the implementation of section
42-2-311. Any moneys in the fund not expended for the purpose of this section may be
invested by the state treasurer as provided by law. All interest and income derived from the
investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended
and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in
the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2009: Entire section added, (SB 09-006), ch. 403, p. 2217, § 2, effective
June 2.
Cross references: For the legislative declaration contained in the 2009 act adding this section, see
section 1 of chapter 403, Session Laws of Colorado 2009.
42-2-313. Department consult with counties on county jail identification process-
ing unit The department shall meet with representatives of Adams, Arapahoe, Boulder,
Douglas, and Jefferson counties, the city and county of Denver, and the city and county of
Broomfield on a regular basis to discuss future implementation of a county jail identification
processing unit that would travel to county jails to process identification cards for prisoners,
as well as to discuss intergovernmental agreements for cost-sharing solutions to fund the
unit, solutions to technical and equipment issues that the department has identified, and
implementation of program timelines.
Source: L. 2009: Entire section added, (SB 09-006), ch. 403, p. 2217, § 2, effective
June 2.
Cross references: For the legislative declaration contained in the 2009 act adding this section, see
section 1 of chapter 403, Session Laws of Colorado 2009.
PART 4
COMMERCIAL DRIVERS* LICENSES
Law reviews. For article, "Handling Criminal or Traffic Citations Issued to Commercial Drivers",
see 40 Colo. Law. 23 (February 2011).
Title 42 - page 145 Drivers* Licenses 42-2-402
42-2-401. Short title. This part 4 shall be known and may be cited as the "Commercial
Driver's License Act".
Source: L. 94: Entire title amended with relocations, p. 2163, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-501 as it existed prior to 1994, and the
former § 42-2-401 was relocated to § 42-2-301.
42-2-402. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Commercial driver's license" means a license issued to an individual in accor-
dance with the requirements of the federal "Commercial Motor Vehicle Safety Act of
1986", 49 App. U.S.C. sec. 2701 et seq., and any rules or regulations promulgated
thereunder, that authorizes such individual to drive a commercial motor vehicle.
(2) "Commercial driver's license driving tester" or "driving tester" means an indi-
vidual licensed by the department under the provisions of section 42-2-407 to perform
commercial driver's license driving tests.
(3) "Commercial driver's license testing unit" or "testing unit" means a business,
association, or governmental entity licensed by the department under the provisions of
section 42-2-407 to administer the performance of commercial driver's license driving tests.
(4) (a) "Commercial motor vehicle" means a motor vehicle designed or used to
transport passengers or property, if the vehicle:
(I) Has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating
determined by federal regulation; or
(II) Is designed to transport sixteen or more passengers, including the driver; or
(IE) Is tr ansporting hazardous materials and is required to be placarded in accordance
with 49 CFR part 172, subpart F.
(b) "Commercial motor vehicle" does not include:
(I) Recreational vehicles;
(II) Military vehicles that are driven by military personnel;
(HI) Any farm vehicles:
(A) Controlled and operated by a farmer;
(B) Used to transport agriculture products, farm machinery, or farm supplies to or from
a farm;
(C) Not used in the operations of a common or contract motor carrier, or
(D) Used within one hundred fifty miles of the person's farm;
(IV) Firenghting equipment.
(5) "Department" means the department of revenue.
(6) "Gross vehicle weight rating" or "GVWR" means the value specified by the
manufacturer as the maximum loaded weight of a single or a combination (articulated)
vehicle, or registered gross weight, whichever is greater. The GVWR of a combination
(articulated) vehicle, commonly referred to as the "gross combination weight rating" or
"GCWR" is the GVWR of the power unit plus the GVWR of any towed unit.
(7) "Hazardous materials" means materials as denned under section 103 of the federal
"Hazardous Materials Transportation Act of 1987", 49 App. U.S.C. sec. 1801, as may be
amended from time to time.
(8) "Out-of-service order" means an "out-of-service order" as defined by 49 CFR
383.5.
Source: L. 94: Entire title amended with relocations, p. 2163, § 1, effective January 1,
1995. L. 2006: (8) amended, p. 261, § 2, effective March 31.
Editor's note: This section is similar to former § 42-2-502 as it existed prior to 1994, and the
former § 42-2-402 was relocated to § 42-2-302.
42-2-403 Vehicles and Traffic Title 42 - page 146
42-2-403. Department authority - rules - federal requirements. (1) The depart-
ment shall develop, adopt, and administer a procedure for licensing drivers of commercial
motor vehicles in accordance with applicable federal law governing commercial motor
vehicle safety and any rules promulgated thereunder. The department is hereby specifically
authorized to adopt and effectuate, whether by rule, policy, or administrative custom or
practice, any licensing sanction imposed by federal statutes or rules governing commercial
motor vehicle safety.
(2) (a) The department shall promulgate such rules and regulations as are necessary for
the implementation of this part 4. Such rules and regulations shall govern all aspects of
licensing commercial drivers, including, but not limited to, testing procedures, license
issuance procedures, out-of- service regulations, denial procedures, including suspensions,
revocations, cancellations and denials, records maintenance, reporting requirements, and
cooperation with the commercial driver's license information system.
(b) The department, with the advice of the commissioner of education, shall develop
testing and license issuance procedures for school bus drivers who are employed by any
Colorado school district.
(c) (I) In addition to any other requirements, an application for a commercial driver's
license shall state that:
(A) The applicant understands that, as a resident of the state of Colorado, any motor
vehicle owned by the applicant must be registered in Colorado pursuant to the laws of the
state and the applicant may be subject to criminal penalties, civil penalties, cancellation or
denial of the applicant's driver's license, and liability for any unpaid registration fees and
specific ownership taxes if the applicant fails to comply with such registration requirements;
and
(B) The applicant agrees, within thirty days after the date the applicant became a
resident, to register in Colorado any vehicle owned by the applicant.
(II) The applicant shall verify the statements required by this paragraph (c) by the
applicant's signature on the application.
(d) The department may not consider the following with regard to an application from
a person for a commercial driver's license:
(I) A conviction for UDD;
(II) A license revocation imposed under section 42-2-126 (3) (b) if the person was
under twenty-one years of age at the time of the offense and such person drove a motor
vehicle while such person's BAC was at least 0.02 but not more than 0.05; or
(HI) A license revocation imposed under section 42-2-126 (3) (e) if the person was
under twenty-one years of age at the time of the offense and such person drove a
commercial motor vehicle while such person's BAC was at least 0.02 but less than 0.04.
(e) With regard to every person who holds or applies for a commercial driver's license
in this state, the department shall maintain, for at least three years, records of such person's
application and of any convictions, disqualifications, and licensing actions for violation of
state or local laws relating to motor vehicle traffic control, other than parking violations,
committed while the person was operating a commercial motor vehicle or that would affect
the person's commercial driving privilege, and shall make such records available to the
specified persons and entities as follows:
(I) To law enforcement officers, courts, prosecutors, administrative adjudicators, and
motor vehicle licensing authorities in Colorado or any other state, all information on all
such persons;
(II) To the federal secretary of transportation, all information on all such persons;
(HI) To the individual to whom such information pertains, all such information
pertaining to that individual;
(IV) To the motor carrier employer or prospective motor carrier employer of the
individual to whom such information pertains, all such information pertaining to that
individual.
(2.5) Any application for the issuance or renewal of a license pursuant to this section
shall include the applicant's social security number as required in section 14-14-1 13, C.R.S.
Title 42 - page 147 Drivers' Licenses 42-2-404
(3) Nothing in this part 4 shall be construed to prevent the state of Colorado from
complying with federal requirements in order to qualify for funds under the federal
"Commercial Motor Vehicle Safety Act of 1986" or other applicable federal law.
(4) (a) Any male United States citizen or immigrant who applies for a commercial
driver's license, or a renewal of any such license, and who is at least eighteen years of age
but less than twenty-six years of age shall be registered in compliance with the requirements
of section 3 of the "Military Selective Service Act", 50 U.S.C. App. sec. 453, as amended.
(b) The department shall forward in an electronic format the necessary personal
information of the applicants identified in paragraph (a) of this subsection (4) to the
selective service system. The applicant's submission of an application shall serve as an
indication that the applicant either has already registered with the selective service system
or that he is authorizing the department to forward to the selective service system the
necessary information for such registration. The department shall notify the applicant that
his signature serves as consent to registration with the selective service system, if so
required by federal law.
Source: L. 94: Entire title amended with relocations, p. 2164, § 1, effective January 1,
1995. L. 97: (2)(d) added, p. 1466, § 10, effective July 1; (2.5) added, p. 1311, § 47,
effective July 1; (2)(c) added, p. 1002, § 5, effective August 6. L. 98: (2)(d)(U) amended,
p. 174, § 5, effective April 6. L. 2001: (4) added, p. 647, § 3, effective August 8. L. 2004:
(1) and (3) amended and (2)(e) added, p. 890, §§ 1, 2, effective July 1, 2005. L. 2008:
(2)(d) amended, p. 251, § 17, effective July 1.
Editor's note: This section is similar to former § 42-2-503 as it existed prior to 1994, and the
former § 42-2-403 was relocated to § 42-2-303.
Cross references: For the legislative declaration contained in the 1997 act enacting subsection
(2.5), see section 1 of chapter 236, Session Laws of Colorado 1997.
42-2-404. License for drivers - limitations. (1) Except as provided in subsection (4)
of this section, no person shall operate a commercial motor vehicle upon the highways in
this state on or after April 1, 1992, unless such person has attained the age of twenty-one
years and has been issued and is in immediate possession of a commercial driver's license.
(1.5) (a) The department shall not issue a commercial driver's license to, and shall
immediately cancel the commercial driver's license of, any person subject to a federal
disqualification order on the basis of imminent hazard to public safety pursuant to 49 CFR
383.52.
(b) A person who is subject to a federal disqualification order on the basis of imminent
hazard, or whose commercial or noncommercial driver's privilege is under restraint, shall
not be eligible for a restricted, probationary, or hardship license that would permit the
person to operate a commercial motor vehicle during the period of such disqualification or
restraint.
(c) (I) The department shall not issue, renew, upgrade, or transfer a hazardous mate-
rials endorsement for a commercial driver's license that would have the effect of autho-
rizing a person to operate a commercial motor vehicle transporting hazardous material in
commerce unless the federal transportation security administration has determined that the
person does not pose a security risk warranting a denial of the endorsement.
(II) Fingerprinting for the purpose of a criminal history record check for a hazardous
materials endorsement on a commercial driver's license may be conducted by a state or
local law enforcement agent or any other person who has the authorization or approval of
a federal agency including, without limitation, the transportation safety administration or
the federal bureau of investigation.
(HI ) A person enrolled in a commercial driver training school or holding a commercial
driving learner's permit shall not be eligible to apply for or receive a hazardous materials
endorsement and is prohibited from operating a commercial motor vehicle transporting
hazardous material at any time.
42-2-405 Vehicles and Traffic Title 42 - page 148
(2) No person who drives a commercial motor vehicle may have more than one driver's
license.
(3) In addition to any applicable federal penalty concerning commercial motor vehicle
operators, any person who violates subsection (1) or (2) of this section, or any rule or
regulation promulgated by the department pursuant to this part 4, is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars
nor more than one thousand dollars, or by imprisonment in the county jail for not more than
one year, or by both such fine and imprisonment.
(4) The provisions of this part 4 shall not apply to any person who is at least eighteen
years of age but less than twenty-one years of age and who operates a commercial motor
vehicle upon the highways of this state solely in intrastate operations. Pursuant to the
provisions of section 42-2-101 (4), no such person of such age shall operate any commercial
motor vehicle upon the highways of this state unless such person has been issued and is in
immediate possession of a minor driver's license of the correct type of general class for the
type or general class of motor vehicle which is issued.
Source: L. 94: Entire title amended with relocations, p. 2165, § 1, effective January 1,
1995. L. 2000: (4) amended, p. 1358, § 37, effective July 1, 2001. L. 2004: (1.5) added,
p. 891, § 3, effective July 1, 2005.
Editor's note: This section is similar to former § 42-2-504 as it existed prior to 1994, and the
former § 42-2-404 was relocated to § 42-2-304.
42-2-405. Driver's license disciplinary actions - grounds for denial - suspension -
revocation - disqualification. (1) A person who holds a commercial driver's license or
who drives a commercial motor vehicle, as defined under this part 4, shall be subject, in
addition to this part 4, to disciplinary actions, penalties, and the general provisions under
parts 1, 2, and 3 of mis article and article 7 of this title.
(2) In addition to applicable penalties imposed under the sections listed in subsection
(1) of this section:
(a) A person who drives, operates, or is in physical control of a commercial motor
vehicle while having any alcohol in his or her system, or who refuses to submit to a test to
determine the alcoholic content of the driver's blood or breath while driving a commercial
motor vehicle, shall be placed out of service as defined in section 42-2-402 (8).
(b) (I) If any person possesses or knowingly transports a schedule I drug or other
substance identified in 49 CFR chapter m, subchapter B, appendix D, an amphetamine, a
narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug while
operating a commercial vehicle during on-duty time, the department shall cancel such
person's commercial driver's license for a period of six months or, if such person does not
have a commercial driver's license, the department shall not issue a commercial driver's
license to such person until at least six months have elapsed since the date of the latest such
occurrence.
(II) If any person makes unlawful use of a schedule I drug or other substance identified
in 49 CFR chapter HI, subchapter B, appendix D, an amphetamine, a narcotic drug, a
formulation of an amphetamine, or a derivative of a narcotic drug while operating a
commercial vehicle during on-duty time, the department shall cancel such person's com-
mercial driver's license for a period of one year or, if such person does not have a
commercial driver's license, the department shall not issue a commercial driver's license to
such person until at least one year has elapsed since the date of the latest such occurrence.
(3) For purposes of the imposition of restraints and sanctions against commercial
driving privileges:
(a) A conviction for DUI, DUI per se, DWAI, or habitual user, or a substantially similar
law of any other state pertaining to drinking and driving, or an administrative determination
of a violation of section 42-2-126 (3) (a) or (3) (b) shall be deemed driving under the
influence; and
Title 42 - page 149 Drivers* Licenses 42-2-405.5
(b) A conviction for violating section 42-4-706, 42-4-707, 42-4-708, or a substantially
similar law of any other state pertaining to conduct at or near railroad crossings, shall be
deemed a railroad crossing offense.
(4) A commercial driver whose privilege to drive a commercial motor vehicle has been
cancelled or denied pursuant to tins section may, following any applicable revocation
period, apply for another type or class of driver* s license in accordance with section
42-2-104, as long as there is no other statutory reason to deny such person such a license.
Source: L. 94: Entire tide amended with relocations, p. 2165, § 1, effective January 1,
1995. L. 96: (2) amended, p. 272, § 2, effective April 8. L. 97: (3)(b)(II) amended, p.
1466, § 11, effective July 1. L. 2004: (1) and (3) amended, p. 892, § 4, effective July 1,
2005. L. 2006: (3) amended, p. 261, § 3, effective March 31. L. 2006: (3)(a) amended, p.
252, § 18, effective July 1.
ANNOTATION
Arresting officer's report under former essary information, was sworn to under penalty
§ 42-2-126 (3) provides jurisdiction. The de- of perjury, and used form supplied by depart-
partment had jurisdiction under this section to ment. Dept. of Rev. v. Hibbs, 122 P.3d 999
revoke commercial driver's license for one year (Colo. 2005) (decided under law in effect prior
where police officer's report contained all nee- to 2005 amendment to § 42-2-126 (3)).
42-2-405.5, Violations of out-of-service order. (1) A person who operates a com-
mercial motor vehicle in violation of an out-of-service order commits a class 1 traffic
misdemeanor.
(2) No court shall accept a plea of guilty to another offense from a person charged with
a violation of subsection (1) of this section; except that the court may accept such a plea
upon a good faith representation by the prosecuting attorney that there is not a prima facie
case for the original offense.
(3) Upon receipt of notice of a conviction or deferred sentence under subsection (1) of
this section, the department shall immediately suspend the commercial driver's license for
the maximum period set forth in the United States federal regulations governing violations
of out-of-service orders for commercial drivers and section 42-2-403 (1).
(4) Notice of suspension under subsection (3) of this section shall be mailed to the
person by the department in compliance with section 42-2-119 (2).
(5) (a) Upon receipt of the notice of suspension, the person may request a hearing in
writing if the person has surrendered to the department a commercial driver's license issued
by any state. The department, upon notice to the person, shall hold a hearing as soon as
practicable at the district office of the department closest to the residence of the person;
except that, at the discretion of the department, all or part of the hearing may be conducted
in real time by telephone or other electronic means in accordance with section 42-1-218.5.
(b) The only issues at such hearing are whether the driver was convicted of or received
a deferred sentence for a violation of subsection (1) of this section and the appropriate
length of suspension. If the driver was convicted, the license shall be suspended. The
hearing officer may reduce the period of suspension based on findings at the hearing,
including without limitation the circumstances of the violation, the prior driving record, and
aggravating and mitigating factors. A hearing officer shall not reduce the suspension period
below the minimum disqualification period imposed by 49 CFR 383.51.
(c) (I) The order of the hearing officer is the final agency action and may be appealed
under section 42-2-135. A petition for judicial review shall be filed within thirty days after
the date of the order.
(II) Judicial review shall be on the record of the hearing without taking additional
testimony. If the court finds that the department exceeded its constitutional or statutory
authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious
manner, or made a determination that is unsupported by the evidence in the record, the court
may reverse the department's determination.
42-2-406 Vehicles and Traffic Title 42 - page 150
(HI) The court may grant a stay of the order only upon motion, after a hearing, and
upon a finding that there is a reasonable probability that the petitioner will prevail upon the
merits and that the petitioner will suffer irreparable harm if the order is not stayed.
Source: L. 2006: Entire section added, p. 261, § 4, effective March 31.
42-2-406. Fees - rules. (1) The fee for the issuance of a commercial driver's license
is thirty-four dollars and forty cents. The department shall cause the fee to be transferred to
the state treasurer, who shall credit twenty-five dollars to the highway users tax fund and
nine dollars and forty cents to the licensing services cash fund created in section 42-2-1 14.5;
except that, for fiscal years 2012-13 through 2014-15, the state treasurer shall credit the fee
to the licensing services cash fund created in section 42-2-114.5. The license expires on the
birthday of the applicant in the fourth year after its issuance. When issuing a commercial
driver's license, the office of the county clerk and recorder shall retain eight dollars and
shall forward the remainder to the department for transmission to the state treasurer, who
shall credit nineteen dollars to the highway users tax fund and seven dollars and forty cents
to the licensing services cash fund; except that, for fiscal years 2012-13 through 2014-15,
the state treasurer shall credit the amount to the licensing services cash fund. The general
assembly shall make annual appropriations from the licensing services cash fund for the
expenses of the administration of parts 1 and 2 of this article and this part 4; except that
eight dollars and fifty cents of each commercial driver's license fee shall be allocated in
accordance with section 43-4-205 (6) (b), C.R.S., other than during fiscal years 2012-13
through 2014-15.
(2) Notwithstanding any other provision of law, the fee for a person eighteen years of
age or older for issuance of a minor driver's license that authorizes operation of a
commercial motor vehicle upon the highways is thirty-four dollars and forty cents. The
department shall cause the fee to be transferred to the state treasurer, who shall credit
twenty-five dollars to the highway users tax fund and nine dollars and forty cents to the
licensing services cash fund created in section 42-2-114.5; except that, for fiscal years
2012-13 through 2014-15, the state treasurer shall credit the fee to the licensing services
cash fund created in section 42-2-114.5. When issuing a minor driver's license, the office
of the county clerk and recorder shall retain eight dollars and shall forward the remainder
to the department for transmission to the state treasurer, who shall credit nineteen dollars to
the highway users tax fund and seven dollars and forty cents to the licensing services cash
fund; except that, for fiscal years 2012-13 through 2014-15, the state treasurer shall credit
the amount to the licensing services cash fund created in section 42-2-114.5. The general
assembly shall make annual appropriations from the licensing services cash fund for the
expenses of the administration of parts 1 and 2 of this article and this part 4; except that
eight dollars and fifty cents of each minor driver's license fee is allocated in accordance
with section 43-4-205 (6) (b), C.R.S., other than during fiscal years 2012-13 through
2014-15.
(3) (a) (I) The fee for the administration by commercial driver's license testing units
of the driving test for licensing commercial drivers shall not exceed the fee set by rule.
(II) The department shall promulgate rules setting a limit on the amount that may be
charged for the administration of the driving test by commercial driver's license testing
units for licensing commercial drivers. The rules shall also provide for a lower fee limit for
the administration of the driving test to an employee or volunteer of a nonprofit organization
that provides specialized transportation services for the elderly and for persons with
disabilities, to any individual employed by a school district, or to any individual employed
by a board of cooperative services. The department shall promulgate such rules by
December 1, 2008, and every three years thereafter.
(b) The fee for the administration of driving tests by the department shall be one
hundred dollars; except that the fee for the administration of such driving test to any
employee or volunteer of a nonprofit organization that provides specialized transportation
services for the elderly and for persons with disabilities, to any individual employed by a
school district, or to any individual employed by a board of cooperative services shall not
exceed forty dollars.
Title 42 - page 151 Drivers* Licenses 42-2-406
(c) The department may provide by rule for reduced fees for applicants who are retested
after failing all or any part of the driving test.
(d) The department shall forward all fees collected for the administration of driving
tests to the state treasurer, who shall credit the fees to the licensing services cash fund. The
general assembly shall make annual appropriations from the licensing services cash fund for
the expenses of the administration of parts 1 and 2 of this article and this part 4, and any
fees credited to the fund under this subsection (3) in excess of the amount of the
appropriations are allocated and expended as specified in section 43-4-205 (5.5) (f), C.R.S.,
other than during fiscal years 2012-13 through 2014-15.
(4) The annual license fee for a commercial driver's license testing unit shall be three
hundred dollars for the initial license issuance and one hundred dollars for each succeeding
annual license renewal. The department may provide by regulation for reduced license fees
for testing units operated by nonprofit organizations which provide specialized transporta-
tion services for the elderly and for persons with disabilities, by school districts, or by
boards of cooperative services. The provisions of this subsection (4) shall not apply to any
public transportation system.
(5) The annual license fee for a commercial driver's license driving tester shall be one
hundred dollars for the initial license issuance and fifty dollars for each succeeding annual
license renewal. The department may provide by regulation for reduced license fees for
employees or volunteers of nonprofit organizations which provide specialized transporta-
tion services for the elderly and for persons with disabilities, for individuals employed by
school districts, or for individuals employed by boards of cooperative services. The
provisions of this subsection (5) shall not apply to any public transportation system.
(6) The department shall forward all fees collected for the issuance of testing unit
licenses and driving test licenses under subsections (4) and (5) of this section to the state
treasurer, who shall credit the same to the highway users tax fund; except that, for fiscal
years 2012-13 through 2014-15, the state treasurer shall credit the fees to the licensing
services cash fund. The general assembly shall make annual appropriations from the
licensing services cash fund for the expenses of the administration of parts 1 and 2 of this
article and this part 4, and any fees credited to the fund pursuant to this subsection (6) in
excess of the amount of the appropriations are allocated and expended as specified in
section 43-4-205 (5.5) (f), C.R.S., other than during fiscal years 2012-13 through 2014-15.
(7) Notwithstanding the amount specified for any fee in this section, the executive
director of the department by rule or as otherwise provided by law may reduce the amount
of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce
the uncommitted reserves of the fund to which all or any portion of one or more of the fees
is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department by rule or as otherwise provided by law may increase
the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 94: (1) and (1.5) amended, p. 539, § 2, effective July 1; entire title amended
with relocations, p. 2166, § 1, effective January 1, 1995. L. 97: (l)(b)(II) amended, p. 120,
§ 1, effective August 6. L. 98: (7) added, p. 1353, § 100, effective June 1. L. 2000: (2)
amended, p. 1359, § 38, effective July 1, 2001. L. 2005: (3) and (6) amended, p. 142, § 8,
effective April 5. L. 2007: (1) and (2) amended, p. 1573, § 6, effective July 1. L. 2008:
(3) amended, p. 522, § 1, effective August 5. L. 2009: (1), (2), (3)(d), and (6) amended,
(SB 09-274), ch. 210, p. 954, § 7, effective May 1. L. 2010: (1), (2), (3)(d), and (6)
amended, (HB 10-1387), ch. 205, p. 888, § 6, effective May 5. L. 2012: (1), (2), (3Xd),
and (6) amended, (HB 12-1216), ch. 80, p. 265, § 5, effective July 1.
Editor's note: (1) This section is similar to former § 42-2-506 as it existed prior to 1994, and
the former § 42-2-406 was relocated to § 42-2-306.
(2) Amendments to subsections (1) and (1.5) by House Bill 94-1028 were harmonized with
Senate Bill 94-001.
42-2-407 Vehicles and Traffic Title 42 - page 152
42-2-407. Licensing of testing units and driving testers - hearings - regulations.
(1) Commercial driver's license driving tests may be performed only by employees of the
department or by commercial driver's license driving testers employed by commercial
driver's license testing units.
(2) The department is hereby authorized to issue, deny, suspend, or revoke licenses for
the operation of commercial driver's license testing units. The department shall furnish all
necessary instructions and forms to such testing units.
(3) The department is hereby authorized to issue, deny, suspend, or revoke licenses for
commercial driver's license driving testers. The department shall furnish all necessary
instructions and forms to such driving testers.
(4) The department shall supervise the activities of testing units and driving testers. The
department shall provide for the inspection of testing units. Testing units shall be open for
business at reasonable hours to allow inspection of the operations of such testing units.
(5) Testing units shall keep records as required by the department and shall make such
records available to the department for inspection.
(6) The department shall require the surrender of the license of any commercial driver' s
license testing unit or commercial driver's license driving tester upon the suspension or
revocation of such license.
(7) Any person aggrieved by the denial of issuance, denial of renewal, suspension, or
revocation of a testing unit license or driving tester license shall be entitled to a hearing.
Hearings held under mis subsection (7) shall be conducted by a hearing officer before the
department. Such hearing shall be held within thirty days after a written request for a
hearing is received by the department. Such hearing shall be held before a hearing officer
of the department and shall be held at the district office of the department which is nearest
to the residence of the licensee, unless the hearing officer and the licensee agree that such
hearing may be held at some other district office. Such hearing officer may administer oaths
and may issue subpoenas for the attendance of witnesses and the production of relevant
books, records, and papers at such hearing. The aggrieved person shall not perform any act
under the license pending the outcome of such hearing.
(8) The department shall adopt regulations for the administration and operation of
commercial driver's license testing units and the conduct of commercial driver's license
driving testers.
Source: L. 94: Entire title amended with relocations, p. 2168, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-507 as it existed prior to 1994, and the
former § 42-2-407 was relocated to § 42-2-307.
42-2-408. Unlawful acts - penalty. (1) It is unlawful for any person other than an
employee of the department to perform commercial driver's license driving tests, to act as
a commercial driver's license testing unit, or to act as a commercial driver's license driving
tester unless such person has been duly licensed by the department under the provisions of
section 42-2-407.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars
nor more than one thousand dollars, or by imprisonment in the county jail for not more than
one year, or by both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2169, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-2-508 as it existed prior to 1994, and the
former § 42-2-408 was relocated to § 42-2-308.
Title 42 - page 153 Drivers' Licenses 42-2-409
42-2-409. Unlawful possession or use of a commercial driver's license. (1) (a) A
person shall not have in his or her possession a lawfully issued commercial driver's license
knowing that the license has been falsely altered by means of erasure, obliteration, deletion,
insertion of new information, transposition of information, or any other means so that the
license in its altered form falsely appears or purports to be in all respects an authentic and
lawfully issued license.
(b) A person shall not fraudulently obtain a commercial driver's license.
(c) A person shall not have in his or her possession a paper, document, or other
instrument that falsely appears or purports to be in all respects a lawfully issued and
authentic commercial driver's license knowing that the instrument was falsely made and
was not lawfully issued.
(d) A person shall not display, or represent as being his or her own, a commercial
driver's license that was lawfully issued to another person.
(e) A person shall not fail or refuse to surrender to the department upon its lawful
demand a commercial driver's license issued to the person that has been suspended,
revoked, or cancelled by the department. The department shall notify in writing the district
attorney's office in the county where the violation occurred of all violations of this
paragraph (e).
(f) A person shall not permit the unlawful use of a commercial driver's license issued
to the person.
(g) A person shall not photograph, photostat, duplicate, or in any way reproduce a
commercial driver's license or facsimile thereof for the purpose of distribution, resale,
reuse, or manipulation of the data or images contained in the commercial driver's license
unless authorized by the department or otherwise authorized by law.
(2) A person who violates a provision of subsection (1) of this section commits a
misdemeanor and shall be punished as follows:
(a) Imposition of a fine of not less than five hundred dollars and not more than one
thousand dollars for a first offense; or
(b) Imposition of a fine of not less than one thousand dollars and not more than two
thousand dollars for a second or subsequent offense within five years after the first offense.
(3) (a) Upon receipt of a notice of conviction under this section, the department shall
permanently revoke the person's right to receive a commercial driver's license.
(b) A notice of revocation under mis section shall be mailed to the person by the
department in compliance with section 42-2-119 (2).
(c) Upon receipt of the notice of revocation, the person or the person's attorney may
request a hearing in writing. The department, upon notice to the person as provided in
section 42-2-119 (2), shall hold a hearing as soon as practicable at the district office of the
department closest to the residence of the person; except that, at the discretion of the
department, all or part of the hearing may be conducted in real time by telephone or other
electronic means in accordance with section 42-1-218.5.
(d) The order of the hearing officer is the final agency action and may be appealed
under section 42-2-135. A petition for judicial review shall be filed within thirty days after
the date of the order.
(4) A court shall not accept a plea of guilty to another offense from a person charged
with a violation of this section; except that the court may accept a plea of guilty to another
offense upon a good faith representation by the prosecuting attorney that the attorney cannot
establish a prima facie case if the defendant is brought to trial on the original offense.
Source: L. 2006: Entire section added, p. 165, § 1, effective July 1.
Vehicles and Traffic
TAXATION
Title 42 -page 154
ARTICLE 3
Registration, Taxation, and License Plates
Editor's note: This title was amended with relocations in 1994, and this article was subsequently
amended with relocations in 2005, resulting in the addition, relocation, and elimination of sections as
well as subject matter. For amendments to this article prior to 2005, consult the Colorado statutory
research explanatory note beginning on page vii in the front of this volume and the editor's note
following the title heading. Former C.R.S. section numbers are shown in editor's notes following
those sections that were relocated. For a detailed comparison of this article, see the comparative tables
located in the back of the index.
Cross references: For disposition of fines and penalties under this article, see § 42-1-217.
PARTI
REGISTRATION AND TAXATION
42-3-101. Legislative declaration.
42-3-102. Periodic registration - rules.
42-3-103. Registration required - exemp-
tions.
42-3-104. Exemptions - specific owner-
ship tax - registration - domi-
cile and residency - rules -
definitions.
42-3-105. Application for registration -
tax.
42-3-106. lax imposed - classification -
taxable value.
42-3-107. Taxable value of classes of
property - rate of tax - when
and where payable - depart-
ment duties - apportionment
of tax collections - defini-
tions - rules.
42-3-108. Determination of year model -
tax lists.
42-3-109. Tax for registration period.
42-3-110. Payment of motor vehicle reg-
istration fees and specific
ownership taxes in install-
ments.
42-3- 111. Tax year - disposition.
42-3-112. Failure to pay tax - penalty -
rules.
42-3- 113. Records of application and reg-
istration.
42-3- 114. Expiration.
42-3- 115. Registration upon transfer.
42-3-116. Manufacturers or dealers.
42-3- 117. Nonresidents.
42-3-118. Registration suspended upon
theft - recovery - rules.
42-3-119. No application for registration
granted - when.
42-3-120. Department may cancel or deny
registration.
42-3-121. Violation of registration provi-
sions - penalty.
42-3-122. Perjury on a motor vehicle reg-
istration application.
42-3-123. Payment by bad check - recov-
ery of plates.
42-3-124. Violation - penalty.
42-3-125. Fleet operators - registration
period certificates - multi-
year registrations.
42-3-126. Notice - primary body color.
42-3-127. Sale of special mobile machin-
ery.
PART 2
LICENSE PLATES
42-3-201 . Number plates furnished - style
- periodic reissuance - tabs -
rules.
42-3-202. Number plates to be attached.
42-3-203. Standardized plates - rules.
42-3-204. Parking privileges for persons
with disabilities - applicabil-
ity - rules.
42-3-205. Substitute plates - waiting pe-
riod for reissuance of identi-
cal combination of numbers
and letters.
42-3-206. Remanufacture of certain li-
cense plates.
42-3-207. Special plates - rules - new
plates - retirement.
42-3-208. Special plates - qualifications
for issuance of special li-
cense plates.
42-3-209. Legislative license plates.
42-3-210. Radio and television license
plates.
42-3-2 1 1 . Issuance of personalized plates
authorized.
42-3-212. Issuance of optional plates au-
thorized - retirement.
42-3-213. Special plates - military veter-
ans - rules - retirement.
42-3-214. Special plates - alumni associa-
tions - retirement.
42-3-215. Special plates - United States
Title 42 - page 155 Registration, Taxation, and License Plates
42-3-101
Olympic committee - retire-
ment.
42-3-216. Special plates - Colorado foun-
dation for agriculture and
natural resources - definitions
- retirement.
42-3-217. Special plates - Colorado com-
mission of Indian affairs.
42-3-217.5. Special plates - breast cancer
awareness - retirement.
42-3-218. Special plates - active and re-
tired members of the Colo-
rado National Guard - retire-
ment.
42-3-219. Special registration of collec-
tor's items. (Repealed)
42-3-220. Temporary special event li-
cense plates.
42-3-221. Special plates - Denver Bron-
cos.
42-3-222. Special plates - support public
education.
42-3-223. Special plates - support the
troops - retirement
42-3-224. Special plates - Colorado
"Kids First".
42-3-225. Special plates - Italian-Ameri-
can heritage.
42-3-226. Special plates - share the road.
42-3-227. Special plates - Colorado horse
development authority.
42-3-228. Special plates - Colorado car-
bon fund.
42-3-229. Special plates - boy scouts.
42-3-230. Special plates - "Alive at
Twenty-five".
42-3-231. Special plates - Colorado ski
country.
42-3-232. Special plates - donate life.
42-3-233. Special plates - Colorado state
parks.
42-3-234. Special plates - adopt a shelter
pet.
42-3-235. Livery license plates - luxury
limousines.
42-3-235.5. Tow truck license plates - con-
ditions for use - transitional
provisions - repeal.
42-3-236. laxicab license plates - taxi-
cabs - repeal.
42-3-237. Special plates - girl scouts.
42-3-238.
Special plates - juvenile diabe-
tes.
Special plates - Colorado Ava-
42-3-239.
lanche or Denver Nuggets.
42-3-240.
Special plates - Craig hospital.
42-3-241.
Special plates - Colorado Rock-
42-3-242.
ies.
Special plates - fallen heroes.
42-3-243.
Special plates - child loss
awareness.
42-3-244.
Special plates - flight for life
Colorado.
42-3-245.
Special plates - wildlife sport-
ing.
PART 3
FEES AND CASH FUNDS
42-3-301. License plate cash fund - li-
cense plate fees.
42-3-302. Special plate fees.
42-3-303. Persistent drunk driver cash
fund • programs to deter per-
sistent drunk drivers.
42-3-304. Registration fees - passenger
and passenger-mile taxes -
clean screen fund - repeal.
42-3-305. Registration fees - passenger
and passenger-mile taxes -
fee schedule for years of TA-
BOR surplus revenue - appli-
cability. (Repealed)
42-3-306. Registration fees - passenger
and passenger-mile taxes -
fee schedule.
42-3-307. Enforcement powers of depart-
ment
42-3-308. Taxpayer statements - payment
of tax - estimates - penalties -
deposits - delinquency pro-
ceedings.
42-3-309. Permit to be secured - records
kept - penalties.
42-3-310. Additional registration fees -
apportionment of fees.
42-3-3 11. Low-power scooter registration
-fee.
42-3-312. Special license plate surcharge.
42-3-3 13. Fee for long-term or permanent
registration - trailers and
semitrailers.
PARTI
REGISTRATION AND TAXATION
42-3-101. Legislative declaration. (1) The general assembly declares that its pur-
pose in enacting mis article is to implement by law the purpose and intent of section 6 of
article X of the state constitution, wherein it is provided that "The general assembly shall
enact laws classifying motor vehicles and also wheeled trailers, semitrailers, trailer coaches,
and mobile and self-propelled construction equipment, prescribing methods of determining
the taxable value of such property, and requiring payment of a graduated annual specific
42-3-102
Vehicles and Traffic
Title 42 -page 156
ownership tax thereon, which tax shall be in lieu of all ad valorem taxes upon such
property; ...".
(2) The general assembly further declares that it intends to classify in this article the
personal property so specified, to prescribe methods by which the taxable value of such
classified property shall be determined, to require payment of a graduated annual specific
ownership tax upon each item of such classified personal property, and to provide for the
administration and collection of such tax, and for the apportionment and distribution of the
revenue derived therefrom.
8.
Source: L. 2005: Entire article amended with relocations, p. 1071, § 2, effective August
ANNOTATION
Annotator's note. Since § 42-3-101 is sim-
ilar to § 42-3-101 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, a relevant
case construing a former provision similar to
that section has been included in the annotations
to this section.
The registration of vehicles is primarily a
taxing scheme whereby the owner of a vehicle
is assessed an annual fee in lieu of an ad valo-
rem tax on his vehicle. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
Taxing scheme applies to vehicles to be
operated on Colorado highways. The taxing
scheme applies, with some exceptions, to all
vehicles which are owned by Colorado residents
and are primarily designed to be operated on
Colorado highways. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
If the vehicle is not to be operated on Colo-
rado highways, the owner is not required to pay
the ownership tax. Sifuentes v. Weed, 186 Colo.
109, 525 P.2d 1157 (1974).
The law is designed to be equitable.
Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157
(1974).
The taxing scheme is equitably tailored to tax
those who have an opportunity to operate a
vehicle on Colorado highways. Sifuentes v.
Weed, 186 Colo. 109, 525 P.2d 1157 (1974).
Plaintiff not deprived of property right by
enforcement of law. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
Taxing scheme implemented by § 42-3-
115. Sifuentes v. Weed, 186 Colo. 109, 525 P.2d
1157 (1974).
42-3-102. Periodic registration - rules. (1) The department may establish by rule a
periodic vehicle registration program whereby certain vehicles shall be registered at:
(a) Subject to the provisions of subsection (3) of this section, twelve-month intervals,
in which case the registration of such vehicles shall expire on the last day of the month of
each twelve-month registration period;
(b) Five-year intervals upon payment of a five-year registration fee and any five-year
specific ownership tax that may be due. An owner of any of the following motor vehicles
may elect a five-year registration pursuant to this paragraph (b), which registration shall
expire on the last day of the last month of each five-year registration period:
(1) A utility trailer; or
(II) Special mobile machinery.
(2) (a) Except for motor vehicles of model year 1981 or older and except for motor-
cycles of any model year, the department may register motor vehicles at two-year intervals
upon payment of a two-year registration fee and a two-year specific ownership tax. The
owner of a motor vehicle that is eligible as determined by the department for two-year
registration may elect a two-year registration pursuant to this subsection (2), which
registration shall expire on the last day of the last month of each two-year registration
period.
(b) This subsection (2) shall not apply to class A property that is registered through the
international registration plan. Such vehicles shall continue to be registered every twelve
months.
(3) (a) The department may register vehicles at intervals of less than one year upon
payment of the appropriate registration fee and specific ownership tax in order to allow the
owner of more than one vehicle to provide for the owner's vehicle registrations to expire
Title 42 - page 157 Registration, Taxation, and License Plates 42-3-102
simultaneously. The owner of a vehicle that is eligible as determined by the authorized
agent may elect a registration pursuant to this subsection (3). The department may adopt
such rules as deemed necessary for the administration of this subsection (3).
(b) This subsection (3) shall not apply to class A property that is registered through the
international registration plan. Such vehicles shall continue to be registered every twelve
months.
(4) (a) (I) In lieu of registering under subsections (1) to (3) of this section, an applicant
may register a commercial trailer or semitrailer under this paragraph (a) if:
(A) The trailer or semitrailer qualifies as Class A personal property;
(B) The owner is based outside Colorado in accordance with the international regis-
tration plan; and
(C) The owner complies with this section and sections 42-3-107 (28) and 42-3-313.
(H) A trailer or semitrailer registration issued under this subsection (4) does not expire
except when the vehicle changes ownership in accordance with this article. The registration
expires upon the sale or transfer of the trailer or semitrailer.
(HI ) The department shall issue a license plate to a trailer or semitrailer registered under
this paragraph (a), but a validating sticker or tab is not issued nor required for the license
plate.
(b) (I) In lieu of registering under subsections (1) to (3) of this section, an applicant
may register a commercial trailer or semitrailer under this paragraph (b) if:
(A) The trailer or semitrailer qualifies as Class A personal property;
(B) The owner is based in Colorado in accordance with the international registration
plan;
(C) The trailer or semitrailer is in at least its tenth year of service; and
(D) The owner complies with this section and sections 42-3-107 (28) and 42-3-313.
(II) A trailer or semitrailer registration issued under this paragraph (b) does not expire
except when the vehicle changes ownership in accordance with this article. The registration
expires upon the sale or transfer of the trailer or semitrailer.
(HI) The department shall issue a license plate to a trailer or semitrailer registered under
this paragraph (b), but a validating sticker or tab is not issued nor required for the license
plate.
(c) Upon the sale or transfer of ownership of a trailer or semitrailer registered under this
section, the owner shall notify the department of the sale or transfer. Upon registering a
trailer or semitrailer under this section, the department shall notify the owner of mis
provision. The department shall also notify the public of the requirements of this section on
its web page.
(d) Notwithstanding any other provision of this article or article 6 of this title, a person
may register a trailer or semitrailer under this subsection (4) with a valid certificate of title
from another jurisdiction of the United States without filing for a certificate of title in
Colorado.
(e) The department shall issue a report to the transportation legislation review com-
mittee created in section 43-2-145, C.R.S., by July 1, 2014, detailing the number of trailers
and semitrailers registered under paragraphs (a) and (b) of this subsection (4) and making
recommendations as to the cost-effectiveness of the permanent registration.
Source: L. 2005: Entire article amended with relocations, p. 1072, § 2, effective August
8. L. 2007: (l)(a) amended and (3) added, p. 500, § 2, effective August 3. L. 2010:
(l)(b)(H) amended, (HB 10-1172), ch. 320, p. 1487, § 2, effective October 1. L. 2012: (4)
added, (HB 12-1038), ch. 276, p. 1455, § 2, effective June 8.
Editor's note: Section 9 of chapter 276, Session Laws of Colorado 2012, provides that the act
adding subsection (4) applies to registrations issued, and to applications made, on or after August 1,
2012.
Cross references: (1) For the legislative declaration contained in the 2007 act amending
subsection ( l)(a) and enacting subsection (3), see section 1 of chapter 136, Session Laws of Colorado
2007.
(2) For the legislative declaration in the 2012 act adding subsection (4), see section 1 of chapter
276, Session Laws of Colorado 2012.
42-3-103 Vehicles and Traffic Title 42 - page 158
42-3-103. Registration required - exemptions. (1) (a) Within sixty days after pur-
chase, every owner of a motor vehicle, trailer, semitrailer, or vehicle that is primarily
designed to be operated or drawn upon any highway of this state or any owner of a trailer
coach or of special mobile machinery whether or not it is operated on the highways, shall
register such vehicle with the department. A person who violates this subsection (1)
commits a class B traffic infraction.
(b) This subsection (1) shall not apply to the following:
(1) A bicycle, electric assisted bicycle, or other human-powered vehicle;
(II) Vehicles specifically exempted by section 42-3-104; and
(HI) Any vehicle whose owner is permitted to operate it under provisions of this article
concerning lienholders, manufacturers, dealers, nonresidents, and fleet owners.
(c) A person who violates this subsection (1) two or more times in five years commits
a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(2) An owner of a foreign vehicle operated within this state for the transportation of
persons or property for compensation or for the transportation of merchandise shall register
such vehicle and pay the same fees and tax required by this article with reference to like
vehicles. This provision shall not be construed to require registration or reregistration in this
state of any motor vehicle, truck, bus, trailer, semitrailer, or trailer coach that is used in
interstate commerce, but registration or reregistration shall be required in accordance with
or to the extent that reciprocity exists between the state of Colorado and a foreign country
or another state, territory, or possession of the United States.
(3) Every nonresident person who operates a business within this state and owns and
operates in such business any motor vehicle, trailer, semitrailer, or trailer coach within this
state shall be required to register each such vehicle and pay the same fees and tax therefor
as are required with reference to like vehicles owned by residents of this state. This
provision shall not be construed to require registration or reregistration in this state of any
motor vehicle, trailer, or trailer coach that is used in interstate commerce, but registration
or reregistration shall be required in accordance with or to the extent that reciprocity exists
between the state of Colorado and a foreign country or another state, territory, or possession
of the United States.
(4) (a) Within ninety days after becoming a resident of Colorado, an owner of a motor
vehicle required to be registered by subsection (1) of this section shall register such vehicle
with the department, irrespective of such vehicle being registered within another state or
country. A person who violates this paragraph (a) is subject to the penalties provided in
sections 42-6-139 and 43-4-804 (1) (d), C.R.S.
(b) Within forty-five days after the owner has returned to the United States, the
provisions of this title relative to the registration of motor vehicles and the display of
number plates shall not apply to motor vehicles registered with and displaying plates issued
by the armed forces of the United States in foreign countries for vehicles owned by military
personnel.
(c) (I) Notwithstanding paragraph (a) of this subsection (4) and section 42-1-102 (62)
and (81), a nonresident shall be exempt from registering a motor vehicle owned by such
person if the motor vehicle is a private passenger vehicle weighing less than sixty-five
hundred pounds and the person is:
(A) A nonresident, gainfully employed within the boundaries of this state, who uses a
motor vehicle in commuting daily from such person's home in another state to and from
such person's place of employment within this state; or
(B) A nonresident student who is enrolled in a full-time course of study at an institution
of higher education located within this state, if the motor vehicle owned by such person
displays a valid nonresident student identification tag issued by the institution where the
student is enrolled.
(II) Any person who is exempt from the provisions of this title concerning the
registration of a motor vehicle pursuant to this paragraph (c) shall comply with the
applicable provisions of the motor vehicle registration laws of such person's state of
residence.
Title 42 - page 159 Registration, Taxation, and License Plates
42-3-104
(ID) This paragraph (c) shall apply only if the state in which the owner resides extends
the same privileges to Colorado residents gainfully employed or enrolled in an institution
of higher education within the boundaries of that state.
(5) The provisions of this title concerning the registration of motor vehicles and the
display of number plates or of other identification shall not apply to manufactured homes.
Source: L. 2005: Entire article amended with relocations, p. 1073, § 2, effective August
8. L. 2007: (l)(c) added, p. 1597, § 1, effective July 1. L. 2009: (4)(a) amended, (SB
09-108), ch. 5, p. 50, § 6, effective March 2; (l)(b)(I) amended, (HB 09-1026), ch. 281, p.
1266, § 26, effective October 1. L. 2010: (l)(a) amended, (HB 10-1172), ch. 320, p. 1487,
§ 3, effective October 1.
Editor's note: Section 137 of Senate Bill 09-292 changed the effective date of subsection (l)(b)(I)
from July 1, 2010, to October 1, 2009.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
ANNOTATION
Annotator's note. Since § 42-3-103 is sim-
ilar to § 42-3-103 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing that provision and its predeces-
sors have been included in the annotations to
this section.
The requirements of this section relate to
revenue rather than safety, and a violation of
its terms by failing to register the motor vehicle
does not confer any additional rights upon one
who is damaged by its operation unless there is
some causal connection between the law viola-
tion and the injury of which complaint is made.
Carlson v. District Court, 116 Colo. 330, 180
P.2d 525 (1947).
One riding in unregistered automobile is a
trespasser. Under this section one riding in an
automobile which has not been registered is a
trespasser on the streets, and a city owes such a
person no duty to keep the streets in a reason-
able safe condition. City of La Junta v. Dudley,
82 Colo. 354, 260 P. 96 (1927).
This article requires that trailer coaches
and mobile homes be registered, taxed, and
licensed in the same manner as automobiles.
State ex rel. Dept. of Rev. v. Modem Trailer
Sales, Inc., 175 Colo. 296, 486 P.2d 1064 (1971)
(decided prior to 1977 addition of subsection
(5)).
Effect of failure of former nonresident to
register. A former nonresident who has failed to
register as required by this section does not for
that reason remain a nonresident for the purpose
of service of process. Carlson v. District Court,
116 Colo. 330, 180 P.2d 525 (1947).
Trucking company was an interstate car-
rier and was legally accountable for the fees
and taxes incurred by such vehicles in Colo-
rado, for purposes of determining whether it
could challenge the constitutionality of a statute
that increased motor vehicle carrier registration
fees, because it was the owner of motor vehicles
operated in interstate commerce during the rel-
evant time period, even though it was a lessor
and not the actual operator of the trucks in
question. Riverton Produce Co. v. State, 871
P.2d 1213 (Colo. 1994).
42-3-104. Exemptions - specific ownership tax - registration - domicile and resi-
dency - rules - definitions. (1) Only those items of classified personal property that are
owned by the United States government or an agency or instrumentality thereof, by the state
of Colorado or a political subdivision thereof, or by a service member either individually
or jointly with a dependent shall be exempt from payment of the annual specific ownership
tax imposed in this article.
(2) An item of classified personal property that is leased by the state of Colorado or a
political subdivision thereof may be exempted by the department from payment of the
annual specific ownership tax imposed in this article if the agreement under which such
item is leased is first submitted to the department and approved by it. Such item shall remain
exempt only if used and operated in strict conformance with the terms of such approved
agreement.
(3) Registration shall not be required for the following:
(a) Vehicles owned by the United States government or by an agency thereof;
(b) Fire-fighting vehicles;
42-3-104 Vehicles and Traffic Title 42 - page 160
(c) Police ambulances and patrol wagons;
(d) Farm tractors and implements of husbandry designed primarily for use and used in
agricultural operations;
(e) Special mobile machinery used solely on property owned or leased by the owner of
such machinery and equipment and not operated on the public highways of the state, if the
owner lists all of the machinery or equipment for assessment and taxation under part 1 of
article 5 of title 39, C.R.S.;
(f) Special mobile machinery not operated on the highways of this state owned by a
public utility and taxed under article 4 of title 39, C.R.S.
(4) At the request of the appropriate authority, motor vehicles owned and operated by
the state of Colorado or any agency or institution thereof or by a town, city, county, or city
and county may be assigned, in lieu of the distinct registration number specified in this
article, a special registration number indicating that such vehicle is owned and operated by
the state of Colorado or any agency or institution thereof or by a town, city, county, or city
and county, but only one such special registration number shall be assigned to each vehicle.
An application for the special registration provided in this section that is made by the state
of Colorado or any agency or institution thereof shall be made to the department only. An
application for the special registration provided in this section that is made by any town,
city, county, or city and county shall be made only to the authorized agent in the county
wherein the applicant local government entity is located, and any such special registration
shall be obtained directly from such authorized agent. Special registrations obtained under
this subsection (4) shall be renewed annually pursuant to the requirements prescribed by the
department.
(5) One Class B or Class C motor vehicle weighing less than sixteen thousand pounds
empty weight owned by a person who is a veteran and has established rights to benefits
under the provisions of Public Law 663, 79th Congress, as amended, and Public Law 187,
82nd Congress, as amended, or is a veteran of the armed forces of the United States who
incurred a disability and is receiving compensation from the veterans administration or any
branch of the armed forces of the United States for a fifty percent or more, service-
connected, permanent disability, or for loss of use of one or both feet or one or both hands,
or for permanent impairment or loss of vision in both eyes that constitutes virtual blindness
shall be exempt from the imposition of the annual specific ownership tax imposed by this
article. Only one such Class B or Class C motor vehicle per veteran shall be exempted.
(6) One Class B or Class C motor vehicle weighing less than sixteen thousand pounds
empty weight owned by a natural person who, while serving in the armed forces of the
United States, was incarcerated by an enemy of the United States during armed conflict with
the United States or who survived the attack on Pearl Harbor shall be exempt from the
imposition of the annual specific ownership tax imposed by this article. Only one such Class
B or Class C motor vehicle per former prisoner of war shall be exempted. A person who
survived the attack on Pearl Harbor shall be exempt from the imposition of specific
ownership tax under this subsection (6) only if the person qualifies for a survivor's of the
attack on Pearl Harbor license plate issued pursuant to section 42-3-213 (6).
(7) Those items of classified personal property that are owned or leased by an
individual or organization that is exempt from payment of Colorado ad valorem taxes shall
be exempt from imposition of the annual specific ownership tax imposed by this article.
(8) Either one Class B or one Class C motor vehicle weighing less than sixteen
thousand pounds empty weight owned by a natural person who received a purple heart or
medal of valor and who is authorized to use the purple heart or military valor special license
plate pursuant to section 42-3-213 shall be exempt from the imposition of the annual
specific ownership tax imposed by this article. Only one such Class B or Class C motor
vehicle per purple heart or medal of valor recipient shall be exempted.
(9) (a) Notwithstanding that a service member has registered to vote in Colorado or
paid or not paid taxes in the service member's state of residence, personal property owned
by the service member, either individually or jointly with a dependent, while the service
member is a resident of another state but domiciled in Colorado in compliance with military
orders, shall be exempt from the imposition of the annual specific ownership tax imposed
by this article.
Title 42 - page 161 Registration, Taxation, and License Plates 42-3-105
(b) The personal property of a service member who is a resident of another state but
domiciled in Colorado in compliance with military orders shall be not be deemed to be
located in, be present in, or have a situs in the local jurisdiction of Colorado.
(c) A service member shall neither lose nor acquire residency or domicile in Colorado
for the purpose of taxation, with regard to personal property of the service member in any
tax jurisdiction of Colorado, if the domicile is in compliance with military orders.
(d) The residency of a service member shall not be established solely for the purpose
of taxation. A service member shall be deemed to be a resident of Colorado when the service
member is not domiciled in Colorado if the domicile is in compliance with military orders
and the service member is a resident as defined by section 42-1-102 (81).
(e) For the purpose of voting in a federal, state, or local election, a service member who
is in Colorado in compliance with military orders shall not:
(I) Be deemed to have lost residence or domicile in another state regardless of whether
the person intends to return to the other state;
(II) Be deemed to have acquired residence or domicile in another state; or
(HI) Be deemed to become a resident of another state.
(f) The executive director of the department may issue forms and promulgate rules
necessary to implement this subsection (9).
(10) For the purposes of this section:
(a) "Dependent" means a service member's spouse, child, or an individual for whom
the service member has provided more than one-half of the individual's support for at least
one hundred eighty days immediately preceding an application for specific ownership tax
exemption.
(b) "Service member" means a member of the United States armed forces.
(11) A Class A commercial vehicle that was registered in Colorado under the interna-
tional registration plan, subsequently registered in another state, and then reregistered in
Colorado is not subject to the specific ownership tax or registration fees during the period
of time that the motor vehicle was registered in another state; except that the owner of a
motor vehicle with an apportioned registration may be liable for the portion of the miles
traveled in Colorado.
Source: L. 2005: Entire article amended with relocations, p. 1075, § 2, effective August
8. L. 2006: (8) amended, p. 1509, § 64, effective June 1; (6) and (8) amended, p. 920, § 2,
effective January 1, 2007. L. 2007: (1) amended and (9) and (10) added, p. 1322, § 6,
effective August 3. L. 2010: (11) added, (HB 10-1285), ch. 423, p. 2188, § 2, effective July
1; (3)(e) and (3)(f) amended, (HB 10-1172), ch. 320, p. 1488, § 4, effective October 1.
Editor's note: Amendments to subsection (8) by Senate Bill 06-172 and House Bill 06-1391 were
harmonized.
Cross references: For Public Law 663, 79th Congress, and Public Law 187, 82nd Congress, see
60 Stat. 915 and 65 Stat. 574, respectively, and 38 U.S.C. sees. 3901 to 3905.
ANNOTATION
Annotaftor's note. Since § 42-3-104 is sim- Army officers not exempt from tax. United
ilar to § 42-3-104 as it existed prior to the 2005 States Army officers stationed on military reser-
amendment to article 3 of title 42, which re- vations ate not exempt from the provisions of
suited in the relocation of provisions, a relevant this section providing for payment of specific
case construing a former provision similar to ownership tax. Bd. of Comm'rs v. Morris, 104
that section has been included in the annotations Colo. 139, 89 P.2d 248 (1939).
to this section.
42-3-105. Application for registration -tax. (1) (a) Application for the registration
of a vehicle required to be registered under this article shall be made by the owner or the
owner's agent and, if applicable, simultaneously with the application for certificate of title,
as required by this section. The application for registration, which shall be in writing and
signed by the owner of the vehicle or the owner's duly authorized agent, shall include:
42-3-105 Vehicles and Traffic Title 42 - page 162
(I) The name of the applicant;
(II) The name and correct address of the owner determined pursuant to section
42-6-139, designating the county, school district, and city or town within the limits of which
the owner resides;
(HI) A description of the motor vehicle in a form required by the department;
(IV) The purpose for which the vehicle is used;
(V) Whether the vehicle is a commercial vehicle;
(VI) The notice described in subsection (2) of this section;
(VII) Whether the applicant requests mat the department should, if it approves the
application, mail to the owner the license plate required under this article; and
( VIII) Any other pertinent information as required by the department, including but not
limited to a class B, class C, class D, or class F vehicle owner' s or registrant's personal
identification number as provided on a state-issued driver's license or assigned by the
department.
(b) An application for new registration of a vehicle shall include the primary body color
of the motor vehicle. A motor vehicle registration application submitted in person to an
authorized agent or department office for a previously registered motor vehicle shall include
the primary body color of the motor vehicle.
(c) (I) The department may require those vehicle-related entities specified by rule to
verify information concerning any vehicle through the physical inspection of such vehicle.
The information required to be verified by such a physical inspection shall include:
(A) The vehicle identification number or numbers;
(B) The make of vehicle;
(C) The vehicle model;
(D) The type of vehicle;
(E) The year of manufacture of such vehicle;
(F) The primary body color of such vehicle;
(G) The type of fuel used by such vehicle;
(H) The odometer reading of such vehicle; and
(I) Such other information as required by the department.
(II) For the purposes of this paragraph (c), "vehicle-related entity" means any county
clerk and recorder or designated employee of such county clerk and recorder, any Colorado
law enforcement officer, any licensed Colorado dealer, any licensed inspection and read-
justment station, or any licensed diesel inspection station.
(d) (I) The department or its authorized agents shall not register a motor vehicle or
low-power scooter unless the applicant has a complying motor vehicle insurance policy
pursuant to part 6 of article 4 of tide 10, C.R.S., or a certificate of self-insurance in full force
and effect as required by sections 10-4-619 and 10-4-624, C.R.S. The requirements of this
paragraph (d) apply only to motor vehicles classified as Class C personal property under
section 42-3-106 (2) (c), to light trucks that do not exceed sixteen thousand pounds empty
weight, to sports utility vehicles that are classified as Class B personal property under
section 42-3-106 (2) (b), or to low-power scooters. The applicant shall provide the
department or its authorized agents with the proof of insurance certificate or insurance
identification card provided to the applicant by the applicant's insurer pursuant to section
10-4-604.5, C.R.S., or provide proof of insurance in such other media as is authorized by
the department. Nothing in this paragraph (d) shall be interpreted to preclude the department
from electronically transmitting insurance information to designated agents pursuant to
section 42-7-604 for the purpose of ensuring compliance with mandatory insurance
requirements.
(II) Any person who knowingly provides fraudulent information or documents under
subparagraph (I) of this paragraph (d) to obtain registration of a motor vehicle or low-power
scooter is guilty of a misdemeanor and is subject to the criminal and civil penalties provided
under section 42-6-139 (3) and (4).
(e) The department shall establish a set of standard color descriptions for use in
identifying the primary body color of a motor vehicle. An application that specifies the
primary body color shall use the standard color descriptions of the department to identify
the primary body color of the motor vehicle.
Title 42 - page 163 Registration, Taxation, and License Plates 42-3-105
(f) The owner of a motor vehicle that is required to be registered under this article need
not comply with subparagraph (I) of paragraph (d) of this subsection (1) if such owner signs
and submits to the department in compliance with this paragraph (f) a written statement of
nonuse. Such written statement of nonuse shall include:
(1) The name, date of birth, driver's license number, and address of the motor vehicle's
owner;
(II) The make, year, and vehicle identification number of the motor vehicle;
(HI) The time period during which such vehicle will not be operated and a statement
that the owner is neither operating such vehicle nor permitting any other person to operate
such vehicle during the time period stated; and
(IV) Proof that the owner currently has insurance coverage under subparagraph (I) of
paragraph (d) of this subsection (1).
(2) Upon applying for registration, the owner of a motor vehicle or low-power scooter
shall receive a written notice printed on the application for registration in type that is larger
than the other information contained on the application for registration. Such notice shall
state that motor vehicle insurance or operator's coverage is compulsory in Colorado, that
noncompliance is a misdemeanor traffic offense, that the minimum penalty for such offense
is a five-hundred-dollar fine, and that the maximum penalty for such offense is one year's
imprisonment and a one-thousand-dollar fine, and that such owner shall be required as a
condition of obtaining a registration card to sign an affirmation clause that appears on the
registration. The clause shall state, "I swear or affirm in accordance with section 24-12-102,
C.R.S., under penalty of perjury that I now have in effect a complying policy of motor
vehicle insurance including an operator's policy pursuant to part 6 of article 4 of title 10,
C.R.S., or a certificate of self-insurance to cover the vehicle or operator of the vehicle for
which this registration is issued, and I understand that such insurance must be renewed so
that coverage is continuous.
Signature , Date ."
(3) The owner of such vehicle or the owner's agent shall, upon filing the application for
registration, pay such fees as are prescribed by sections 42-3-304 to 42-3-306, together with
the annual specific ownership tax on the motor vehicle, trailer, semitrailer, or trailer coach
for which the license is to be issued.
(4) (a) A motor vehicle dealer or used motor vehicle dealer licensed under article 6 of
this title may act as an authorized agent of the department for the purposes of compliance
with this section and collection of fees required for the registration of low-power scooters
required by this article. When the owner of the low-power scooter complies with this
section, the dealer shall forward to the department an affidavit swearing that the owner has
insurance, the statement required by subsection (2) of this section, and the fees required by
part 3 of this article for the registration of a low-power scooter.
(b) Notwithstanding any provision of law to the contrary, in a civil action for damages
or indemnification resulting from the operation of a motor vehicle, a motor vehicle dealer,
used motor vehicle dealer, or employee thereof shall not be liable for an act or omission
arising as a result of the dealer or employee performing the functions of an agent pursuant
to this subsection (4).
(c) Upon finding a pattern of failure to comply with the requirements of paragraph (a)
of this subsection (4), the department may withdraw a motor vehicle dealer's or used motor
vehicle dealer's authorization to act as an agent of the department
Source: L. 2005: Entire article amended with relocations, p. 1076, § 2, effective August
8; (l)(a) amended, p. 693, § 1, effective January 1, 2007. L. 2006: (l)(a)(II) and (lXd)(I)
amended, pp. 1509, 1510, §§ 65, 66, 67, effective June l;(l)(d)(I) amended, p. 1015, § 11,
effective July 1. L. 2007: (l)(a)(Vm) amended, p. 496, § 2, effective August 3. L. 2008:
(2) amended, p. 1917, § 142, effective August 5. L. 2009: (l)(d) and (2) amended and (4)
added, (HB 09-1026), ch. 281, p. 1266, § 27, effective July 1, 2010.
Editor's note: (1) Amendments to subsection (l)(a) by House Bill 05-1107 and House Bill
05-1019 were harmonized, effective January 1, 2007.
42-3-106
Vehicles and Traffic
Title 42 -page 164
(2) Amendments to subsection (l)(d)(I) by House Bill 06-1178 and House Bill 06-1391 were
harmonized.
(3) Section 137 of Senate Bill 09-292 changed the effective date of subsections (l)(d), (2), and
(4) from October 1, 2009, to July 1, 2010.
ANNOTATION
Annotator's note. Since § 42-3-105 is sim-
ilar to § 42-3-105 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing former provisions similar to
that section have been included in the annota-
tions to this section.
The purpose of the act is to make automo-
bile titles more safe and certain, to protect those
who deal therein and to obviate the necessity of
relying upon circumstantial evidence as to the
ownership thereof. Blevins v. Truitt, 134 Colo.
88, 299 P.2d 1100 (1956).
The purpose of requiring the name of the
owner in the registration of a motor vehicle is
for the proper identification of the registrant; it
follows that a person is more readily identified
by the name he habitually uses, and a regulation
which requires an applicant to use a first name
rather than an initial, which would actually hin-
der identification, contravenes the legislative in-
tent and is unlawful. Blevins v. Truitt, 134 Colo.
88, 299 P.2d 1100 (1956).
Director of revenue not authorized to re-
quire registration in name not regularly used.
This section authorizing the director of revenue
to make regulations governing the registration
of motor vehicles, including the name and ad-
dress of the owner and "any other information
required by the department", does not authorize
adoption of a regulation defining "name of
owner*' so as to require registration in a name
other than that regularly used by the applicant.
Blevins v. Truitt, 134 Colo. 88, 299 P.2d 1100
(1956).
Payment of specific ownership tax tied to
filing of registration application. While § 42-
3-123 does not in so many words mention "spe-
cific ownership tax", it does provide for "reg-
istration". And this section provides that the
owner, upon filing an application for "registra-
tion", shall pay, among other fees, the "annual
specific ownership tax on the vehicle for which
the license is to issue". So, payment of the
specific ownership tax is thereby necessarily
tied into the act of filing an application for
registration. Bd. of County Comm'rs v. E. J.
Rippy & Sons, 161 Colo. 261, 421 P.2d 461
(1966).
42-3-106. Tax imposed - classification - taxable value. (1) The owner of each item
of classified personal property shall pay an annual specific ownership tax unless exempted
by this article. Such specific ownership tax shall be annually computed in accordance with
section 42-3-107 in lieu of all annual ad valorem taxes.
(2) For the purpose of imposing graduated annual specific ownership taxes, the
personal property specified in section 6 of article X of the state constitution is classified as
follows:
(a) Every motor vehicle, truck, laden or unladen truck tractor, trailer, and semitrailer
used in the business of transporting persons or property over any public highway in this
state as an interstate commercial carrier for which an application is made for apportioned
registration, regardless of base jurisdiction, shall be Class A personal property.
(b) Every truck, laden or unladen truck tractor, trailer, and semitrailer used for the
purpose of transporting property over any public highway in this state and not included in
Class A shall be Class B personal property; except that multipurpose trailers shall be Class
D personal property.
(c) Every motor vehicle not included in Class A or Class B shall be Class C personal
property.
(d) Every utility trailer, camper trailer, multipurpose trailer, and trailer coach shall be
Class D personal property.
(e) Every item of special mobile machinery, except power takeoff equipment, that is
required to be registered under this article is Class F personal property. If a farm tractor,
meeting the definition of special mobile machinery, is used for any purpose other than
agricultural production for more than a seventy-two-hour period at the site where it is used
for nonagricultural purposes, it is Class F personal property, but it is granted a prorated
registration under section 42-3-107 to cover the use. The authorized agent shall notify the
owner of the farm tractor of the prorated registration. Storing a farm tractor at a site does
Title 42 - page 165 Registration, Taxation, and License Plates
42-3-106
not give rise to a presumption that the tractor was used for the same purposes that other
equipment is used for at the site.
(3) (a) An owner of a vehicle shall not permanently attach to the vehicle mounted
equipment unless:
CO The owner applies for registration of the mounted equipment to the authorized
agent in the county where the equipment is required to be registered within twenty days
after the equipment is mounted to the vehicle; or
(II) The mounted equipment is power takeoff equipment.
(b) The application shall he on forms prescribed by the department and shall describe
the equipment to be mounted, including serial number, make, model, year of manufacture,
weight, and cost.
(4) The taxable value of every item of classified personal property shall be the value
determined for the year of its manufacture or the year it is designated by the manufacturer
as a current model, and such determined taxable value shall not change. Regardless of the
date of acquisition by an owner, the year of manufacture or the year for which designated
by the manufacturer as a current model shall be considered as the first year of service. The
maximum rate of specific ownership taxation shall apply to the taxable value in the first year
of service, and annual downward graduations from such maximum rate shall apply to such
taxable value for the number of later years of service specified for each class of personal
property.
(5) Manufactured homes shall not be classified for purposes of imposing specific
ownership taxes but shall be subject to the imposition of ad valorem taxes in the manner
provided in part 2 of article 5 of title 39, C.R.S.
(6) (a) If a vehicle and the equipment mounted on the vehicle are the same model year:
(I) The owner of the vehicle and the mounted equipment may register both as Class F
personal property; or
(II) The owner of the vehicle may register the vehicle as Class A, Class B, Class C, or
Class D personal property and the mounted equipment may be registered as Class F
personal property.
(b) If a vehicle and the equipment mounted on the vehicle are different model years:
(I) The owner of the vehicle shall register the vehicle as Class A, Class B, Class C, or
Class D personal property; and
(II) The owner of the vehicle shall register the mounted equipment as Class F personal
property.
Source: L. 2005: Entire article amended with relocations, p. 1079, § 2, effective August
8. L. 2008: (2)(b) and (2)(d) amended, p. 638, § 2, effective August 5. L. 2010: (2)(e) and
(3) amended, (SB 10-144), ch. 289, p. 1345, § 2, effective July 1; (2Xe) amended and (6)
added, (HB 10-1172), ch. 320, p. 1488, § 5, effective October 1. L. 2011: (2)(e) amended,
(HB 11-1093), ch. 258, p. 1132, § 1, effective June 2.
Editor's note: Amendments to subsection (2)(e) by House Bill 10-1172 and Senate Bill 10-144
were harmonized.
ANNOTATION
Annotator's note. Since § 42-3-106 is sim-
ilar to § 42-3-106 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing that provision and its predeces-
sors have been included in the annotations to
this section.
The facial disparity in this section and
§ 42-3-107 between ownership tax rates ap-
plicable to interstate and intrastate vehicles
ten years old and older violated the Corn-
Clause of the United States Constitu-
tion where trucking company was able to show
that the statutes discriminated against interstate
commerce by unfairly imposing an economic
disadvantage upon interstate carriers that oper-
ated vehicles subject to the tax. Riverton Pro-
duce Co. v. State, 871 P.2d 1213 (Colo. 1994).
The court concluded that the discrimina-
tory provisions of this section and § 42-3-107
were severable from the remainder of the
statutes where the discrimination in tax rates
was not "inextricably intertwined** with the
valid provisions and where severing the dispar-
42-3-107
Vehicles and Traffic
Title 42 -page 166
ity between interstate and intrastate vehicles
would not frustrate the legislature's efforts to
raise revenue for the maintenance of its roads
and highways. Riverton Produce Co. v. State,
871 P.2d 1213 (Colo. 1994).
Specific ownership tax is in lieu of ad va-
lorem taxes. The so-called specific ownership
tax on motor vehicles and trailers authorized by
this section is a tax directly fixed according to a
prescribed method with reference to each par-
ticular vehicle by the statute itself, and is in lieu
of any and all ad valorem taxes. N. Colo. Water
Conservancy Dist. v. Witwer, 108 Colo. 307,
116 P.2d 200 (1941).
Alter having "elected'' to make application
for the registration of its special mobile
equipment and having in fact paid a special
ownership tax thereon, the owner of such prop-
erty is not thereafter subject to assessment by
the county assessor by virtue of § 6 of art. X,
Colo. Const., which provides, in part, that the
graduated annual specific ownership tax shall be
in lieu of all ad valorem taxes upon such prop-
erty. Bd. of County Comm'rs v. EJ. Rippy &
Sons, 161 Colo. 261, 421 P.2d 461 (1966).
42-3-107. Taxable value of classes of property - rate of tax - when and where
payable - department duties - apportionment of tax collections - definitions - rules.
(1) (a) (I) The taxable value of every item of Class A or Class B personal property
greater man sixteen thousand pounds declared empty vehicle weight shall be the actual
purchase price of such property. Such price shall not include any applicable federal excise
tax, including the excise tax on the first retail sale of a heavy truck, trailer, or tractor for
which the seller is liable, transportation or shipping costs, or preparation and delivery costs.
The taxable value of every item of Class A or Class B personal property less than or equal
to sixteen thousand pounds declared empty vehicle weight shall be seventy-five percent of
the manufacturer's suggested retail price.
(II) For the purposes of this section, the actual purchase price used to set taxable value
shall be the price of the vehicle when the vehicle is initially purchased at the retail level by
a person who intends to put the vehicle into initial use. The taxable value shall not change
for the life of the vehicle.
(HI) For the purposes of this section, "actual purchase price" means the gross selling
price, including all property traded to the seller in exchange for credit toward the purchase
of a vehicle.
(b) Every licensed motor vehicle dealer in Colorado shall furnish on the application for
title the manufacturer's suggested retail price and the actual purchase price on each new
motor vehicle sold and delivered in Colorado.
(c) If a motor vehicle purchased outside Colorado is registered for the first time in
Colorado and neither the manufacturer's suggested retail price nor the actual purchase price
is available, the agent of the department shall establish the taxable value of such vehicle
through the use of a compilation of values furnished by the department.
(2) The annual specific ownership tax payable on every item of Class A personal
property shall be computed in accordance with the following schedule:
Year of service
First year
Second year
Third year
Fourth year
Fifth, sixth, seventh, eighth,
and ninth years
Tenth and each later year
Rate of tax
2.10% of taxable value
1.50% of taxable value
1.20% of taxable value
.90% of taxable value
.45% of taxable value or $10,
whichever is greater
$3
(3) The owner of any Class A personal property shall file a list with the department
describing each item owned, reciting the year of manufacture or model designation, and
stating the original sale price of any mounted equipment mounted on or attached to such
item after its manufacture or first retail sale. As soon thereafter as practicable, the
department shall compute the annual specific ownership tax payable on each item shown on
such list and shall send to the owner a statement showing the aggregate amount of specific
ownership tax payable by such owner.
Title 42 - page 167 Registration, Taxation, and License Plates 42-3-107
(4) In computing the amount of annual specific ownership tax payable on an item of
Class A or Class B personal property, the department may take into account the length of
time such item may be operated in intrastate or interstate commerce within Colorado, giving
due consideration to any reciprocal agreements concerning general property taxation of
such item as may exist between Colorado and other states, and also to the number of miles
traveled by such item in each state.
(5) The annual specific ownership tax on Class A personal property shall become due
and payable to the department on the last day of the month at the end of each twelve-month
registration period and shall be renewed, upon application by the owner and payment of
required fees, no later than one month after the date of expiration.
(6) The aggregate amount of specific ownership taxes to be collected by the department
on Class A personal property during a registration period shall be apportioned to each
county of the state in the proportion that the mileage of the state highway system located
within the boundaries of each county bears to the total mileage of the state highway system.
(7) The department shall transmit all specific ownership taxes collected on items of
Class A and Class F personal property to the state treasurer and shall advise the treasurer
on the last day of each month of the amounts apportioned to each county from the preceding
month's collections. The state treasurer shall pay such amounts to the respective treasurers
of each county.
(8) The annual specific ownership tax payable on every item of Class B personal
property shall be computed in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1 .20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value or $10,
whichever is greater
Tenth and each later year $ 3
(9) (a) The taxable value of every item of Class C or Class D personal property shall
be eighty-five percent of the manufacturer's suggested retail price, not including applicable
federal excise tax, transportation or shipping costs, or preparation and delivery costs.
(b) Every licensed motor vehicle dealer in Colorado shall furnish on the application for
title the manufacturer's suggested retail price of each new motor vehicle sold and delivered
in Colorado.
(c) If a motor vehicle purchased outside of Colorado is registered for the first time in
Colorado and the manufacturer's suggested retail price is not available, the agent of the
department shall establish the taxable value of such vehicle through the use of a compilation
of values furnished by the department.
(d) The computation of taxable values as set forth in this subsection (9) shall apply to
each motor vehicle sold on or after September 1, 1981, and shall not apply to a motor
vehicle sold or registered prior to that date.
(10) The annual specific ownership tax payable on every item of Class C personal
property shall be computed in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value
Tenth and each later year $ 3
42-3-107 Vehicles and Traffic Title 42 - page 168
( 1 1 ) (a) In lieu of payment of the annual specific ownership tax in the manner specified
in subsections (2), (8), and (10) of this section, a person who owns vehicles that are based
in Colorado for rental purposes and whose primary business is the rental of such vehicles
for periods of less than forty-five days, including renewals, to another person may elect to
pay specific ownership tax as authorized in this subsection (11).
(b) To obtain authorization to pay specific ownership tax pursuant to this subsection
(11), an owner shall apply to the authorized agent in the county in which the principal place
of business of the owner of such rental vehicles in Colorado is located. Such authorization
shall apply to all rental vehicles of the owner that satisfy the requirements set forth in this
section.
(c) Upon receiving authorization as provided in paragraph (b) of this subsection (11),
the owner shall collect from the user of a rental vehicle the specific ownership tax in an
amount equivalent to two percent of the amount of the rental payment, or portion thereof,
that is subject to the imposition of sales tax pursuant to part 1 of article 26 of title 39, C.R.S.
Such specific ownership tax shall be collected on vehicles that are based in Colorado for
rental purposes and rented from a place of business in Colorado. No later than the twentieth
day of each month, the owner shall submit a report, using forms furnished by the
department, to the authorized agent in the county where the vehicles are rented and the
remittance for all specific ownership taxes collected for the preceding month. A copy of the
report shall be submitted simultaneously by the owner to the department. The department
may also require, by rule, the owner to submit a copy of the owner's monthly sales tax
collection form to the authorized agent when the owner's monthly report is submitted.
(d) Failure to submit the report or to remit the specific ownership tax collected for the
preceding month by the last day of each month shall be grounds for the termination of the
right of an owner to pay specific ownership tax under this subsection (1 1). If an owner fails
to remit specific ownership tax received pursuant to this subsection (11), the authorized
agent may collect such delinquent taxes in the manner authorized in subsection (21) of this
section.
(e) A person who owns vehicles and whose primary business is the rental of such
vehicles as specified in paragraph (a) of this subsection (11) shall be exempt from payment
of the specific ownership tax at the time of registration if such tax is collected and remitted
pursuant to this subsection (11). Such owner shall pay a fee of one dollar per rental vehicle
registered at the time of registration. Such fee shall be in addition to other registration fees
and shall be distributed pursuant to subsection (22) of this section.
(f) Every person who owns vehicles and whose primary business is the rental of such
vehicles as specified in paragraph (a) of this subsection (11) shall register and pay all
applicable taxes and fees for all vehicles rented from a place of business located in
Colorado. If the owner of such vehicles fails to register or to pay such taxes and fees, the
owner shall, upon conviction, be punished by a fine equal to two percent of the annual gross
dollar volume of the primary business of such person that is attributable to the rental of
vehicles from a place of business in Colorado.
(12) (a) In lieu of payment of the annual specific ownership tax in the manner specified
in subsections (2), (8), and (10) of this section, any person who owns vehicles that are based
in a state other than Colorado for rental purposes and whose primary business is the rental
of such vehicles for periods of less than forty-five days, including renewals, to another
person shall pay specific ownership tax as prescribed in this subsection (12).
(b) The owner shall collect from the user of a rental vehicle the specific ownership tax
in an amount equivalent to two percent of the amount of the rental payment, or portion
thereof, that is subject to the imposition of sales tax pursuant to part 1 of article 26 of title
39, C.R.S. Such specific ownership tax shall be collected on all vehicles based in a state
other than Colorado for rental purposes that are rented from a place of business in Colorado.
By the twentieth day of each month, the owner shall submit a report, using forms furnished
by the department, to the authorized agent in the county where the vehicles are rented,
together with the remittance for all specific ownership taxes collected for the preceding
month. A copy of the report shall be submitted simultaneously by the owner to the
department. The department may also require, by rule, the owner to submit a copy of the
Title 42 - page 169 Registration, Taxation, and License Plates 42-3-107
owner's monthly sales tax collection form to the authorized agent when the owner's
monthly report is submitted.
(c) If any owner fails to remit specific ownership tax received pursuant to this
subsection (12), the authorized agent may proceed to collect such delinquent taxes in the
manner authorized in subsection (21) of this section.
(d) Every person who owns vehicles and whose primary business is the rental of such
vehicles as specified in paragraph (a) of this subsection (12) shall pay all applicable taxes
for all vehicles based in a state other than Colorado and rented from a place of business
located in Colorado. If the owner of such vehicles fails to pay such taxes, the owner shall,
upon conviction, be punished by a fine in an amount equal to two percent of the annual
gross dollar volume of the primary business of such person that is attributable to the rental
of vehicles from a place of business in Colorado.
(13) The annual specific ownership tax payable on every item of Class D personal
property shall be computed in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.20% of taxable value
Fourth year .90% of taxable value
Fifth, sixth, seventh, eighth,
and ninth years .45% of taxable value
Tenth and each later year .45% of taxable value or $ 3,
whichever is greater
(14) The department shall designate suitable compilations of the manufacturer's sug-
gested retail price or actual purchase price of all items of Class A, Class B, Class C, and
Class D personal property and shall provide each authorized agent with copies. Unless the
actual purchase price is used as the taxable value, such compilation shall be uniformly used
to compute the annual specific ownership tax payable on any item of such classified
personal property purchased outside Colorado and registered for the first time in Colorado.
Such actual purchase price shall not be used unless the department receives or has received
a manufacturer's statement or certificate of origin for such vehicle. The department shall
provide continuing supplements of such compilation to each authorized agent in order that
the agent may have available current information relative to the manufacturer's suggested
retail price of newly manufactured items.
(15) (a) The property tax administrator shall compile and have printed a comprehen-
sive schedule of all vehicles defined and designated as Class F personal property, wherein
all such vehicles shall be listed according to make, model, year of manufacture, capacity,
weight, and any other terms that serve to describe such vehicles.
(b) Except as provided in paragraph (c) of this subsection (15) for property acquired
prior to January 1, 1997, the taxable value of Class F personal property shall be determined
by the property tax administrator and shall be either:
(I) The factory list price and, in case any equipment has been mounted on or attached
to such vehicle subsequent to its manufacture, the factory list price plus seventy-five percent
of the original price of such mounted equipment, exclusive of any state and local sales
taxes; or
(II) When the factory list price of such vehicle is not available, then seventy-five
percent of its original retail delivered price, exclusive of any state and local taxes, and, in
case any equipment has been mounted on or attached to such vehicle subsequent to its first
retail sale, then seventy-five percent of such original retail delivered price plus seventy-five
percent of the original retail delivered price of such mounted equipment, exclusive of any
state and local sales taxes; or
(EI) When neither the factory list price of such vehicle nor the original retail delivered
price of the vehicle or any equipment subsequently mounted thereon is ascertainable, then
such value as the property tax administrator shall establish based on the best information
available to the property tax administrator.
42-3-107 Vehicles and Traffic Title 42 - page 170
(c) The taxable value of Class F personal property acquired on or after January 1 , 1997,
shall be determined by the property tax administrator and shall be either:
(I) Eighty-five percent of the manufacturer's suggested retail price and, in case any
equipment has been mounted on or attached to such vehicle subsequent to its manufacture,
eighty-five percent of the manufacturer's suggested retail price plus eighty-five percent of
the manufacturer's suggested retail price of such mounted equipment, exclusive of any state
and local sales taxes; or
(II) When the manufacturer's suggested retail price of such vehicle is not available.
then one hundred percent of its original retail delivered price to the customer, exclusive of
any state and local taxes, and, in case any equipment has been mounted on or attached to
such vehicle subsequent to its first retail sale, then one hundred percent of such original
retail delivered price to the customer plus one hundred percent of the original retail
delivered price to the customer of such mounted equipment, exclusive of any state and local
taxes; or
(III) When neither the manufacturer's suggested retail price of such vehicle nor the
original retail delivered price of either the vehicle or any equipment subsequently mounted
thereon is ascertainable, then such value as the property tax administrator shall establish
based on eighty-five percent of the value set forth in a nationally recognized standard or
reference for such figures or, if such a standard or reference for the figures is not available,
then on the best information available to the property tax administrator.
(d) By whichever of the above three methods determined, the taxable value of each
item of Class F personal property shall be listed opposite its description in the schedule
required by this subsection (15) to be compiled by the property tax administrator.
(e) The annual specific ownership tax payable on each item of Class F personal
property shall be computed in accordance with the following schedule:
Year of service Rate of tax
First year 2.10% of taxable value
Second year 1.50% of taxable value
Third year 1.25% of taxable value
Fourth year 1.00% of taxable value
Fifth year .75% of taxable value
Sixth and each later year .50% of taxable value,
but not less than $5
(f) The county clerk and recorder shall include the value of all equipment that has been
mounted on or attached to Class F personal property in the calculation of the annual specific
ownership tax. The registrations for such personal property and equipment shall be made
available to the county assessor.
(16) (a) In lieu of payment of the annual specific ownership tax in the manner provided
in subsection (15) of this section, the owner of special mobile machinery who is an
equipment dealer regularly engaged in the sale or rental of special mobile machinery and
who rents or leases such equipment to another person in which the owner has not held an
interest for at least thirty days may elect to pay specific ownership tax as prescribed in this
subsection (16).
(b) Authorization for payment of specific ownership tax under this subsection (16) shall
be obtained from the authorized agent in the county in which the owner's principal place
of business is located. The owner shall also apply for an identifying decal for each item of
equipment to be rented or leased that shall be affixed to the item when it is rented or leased.
The owner shall keep records of each identifying decal issued and a description of the item
of equipment to which it is affixed. The fee for each identifying decal shall be five dollars,
paid upon application to the authorized agent. An identifying decal shall expire when the
registration of the special mobile machinery to which it is affixed expires pursuant to section
42-3-114. An identifying decal shall not be issued to special mobile machinery unless the
machinery is registered, but a decal may be issued concurrently with the registration and
shall expire pursuant to section 42-3-114. The owner shall be required to remove an
identifying decal upon the sale or change of ownership of such item of equipment. The fee
litle 42 - page 171 Registration, Taxation, and License Plates 42-3-107
of five dollars for each identifying decal as required by this section shall be distributed as
follows:
(I) Two dollars shall be retained by the authorized agent issuing such decal; and
(II) Three dollars shall be available upon appropriation by the general assembly to fund
the administration and enforcement of this section.
(c) Upon receiving authorization under paragraph (b) of this subsection (16), the owner
shall collect from the user the specific ownership tax in the amount equivalent to two
percent of the amount of the rental or lease payment No later than the twentieth day of each
month, the owner shall submit a report, using forms furnished by the department, to the
authorized agent in each county where the equipment is used, together with the remittance
of the taxes collected for the use in the county for the preceding month. A copy of each
report shall be submitted simultaneously by the owner to the department.
(d) Such reports shall be made monthly to the department and to the authorized agent
in the county where the equipment is located with a user, even if no specific ownership taxes
were collected by the owner in the previous month. Failure to make such reports in a period
of sixty days shall be grounds for the termination of such owner's right to pay the specific
ownership taxes on the owner's Class F personal property in the manner provided under this
subsection (16). If the owner fails to remit specific ownership taxes received from a renter
or lessee during such sixty-day period, the authorized agent may proceed to collect such
delinquent taxes in the manner authorized in subsection (21) of this section.
(e) The owner of an item of special mobile machinery that is required to be registered
for highway use under section 42-3-304 (14) shall be exempt from payment of the specific
ownership tax at the time of registration if such tax is collected and remitted under this
subsection (16).
(f) (I) If the owner of special mobile machinery who is paying specific ownership tax
under this subsection (16) regularly has more than ten pieces of special mobile machinery
in the state, the department may issue to the owner a registration period certificate. The
owner must present the registration period certificate to the appropriate authorized agent no
later than the tenth day after the month when registration of any motor vehicle is required
by this article. When so presented, the twelve-month period stated in the registration period
certificate governs the date when registration is required for each fleet vehicle owned or
leased by the owner.
(II) Notwithstanding any provision of this tide, the department may promulgate rules to
establish requirements for an owner to register a special mobile machinery fleet that is
identified by special license plates or an identifying decal. The department shall not require
the plates to have an annual validating tab or sticker. Registration fees payable on the
machinery under a multi-year agreement are not discounted below the otherwise applicable
annual registration fees.
(III) Special mobile machinery registered under this paragraph (f) or after the issuance
of a registration period certificate or the execution of a multi-year agreement are subject to
section 42-3-109.
(IV) (A) The owner shall pay the annual registration fees required by sections 42-3-
304 to 42-3-306 for special mobile machinery, reduced by twenty-five percent for each
elapsed quarter, before applying for the balance of the registration period.
(B) The fees and taxes for special mobile machinery registered under this paragraph (f )
prior to the effective date of the registration period certificate or multi-year agreement must
be apportioned in the manner required by subparagraph (HI) of this paragraph (f).
(C) An authorized agent may issue individual registration number plates, an identifying
decal, or certificates upon application by an owner of special mobile machinery or the
owner's agent and the payment of a registration fee of seven dollars. Of the seven-dollar
fee, three dollars and sixty cents is to be retained by the authorized agent or department
issuing the plates, identifying decal, or certificates; forty cents is to be remitted monthly to
the department, which shall then transmit it to the state treasurer for credit to the highway
users tax fund; and three dollars is available upon appropriation by the general assembly to
fund the administration and enforcement of this paragraph (f). The owner or the owner's
agent may then affix the plate, identifying decal, or certificate to special mobile machinery
purchased or brought into the state pending registration.
42-3-107 Vehicles and Traffic Title 42 - page 172
(V) An owner issued a registration period certificate under subparagraph (I) of this
paragraph (f) may register and pay registration fees and other license fees due for the special
mobile machinery no later than the twentieth day of each quarter for all new special mobile
machinery delivered into the state during the preceding quarter. The owner shall submit a
report identifying new equipment, using forms furnished by the department, to the autho-
rized agent in the county where the machinery was first delivered into the state, together
with the remittance for all fees due for the preceding quarter. The owner shall simulta-
neously submit a copy of each report to the department. The machinery is deemed registered
pending the timely filing of the report so long as the machinery displays the numbered plate,
identifying decal, or certificate required by the department.
(17) (a) For purposes of this subsection (17), unless the context otherwise requires:
(I) "Owner** means an owner, as defined in section 42-1-102 (66), that owns an item
of special mobile machinery. The term includes any person authorized to act on the owner's
behalf.
(II) "Prorated specific ownership tax" means the prorated special mobile machinery
specific ownership tax assessed pursuant to this subsection (17).
(HI) "Special mobile machinery" means every item of Class F personal property
described in section 42-3-106 (2) (e) that is required to be registered under section
42-3-103.
(b) In lieu of payment of the annual specific ownership tax in the manner provided in
subsection (15) of this section, an owner may apply for and pay prorated specific ownership
tax in accordance with this subsection (17).
(c) To be eligible for prorated specific ownership tax, an owner shall have entered into
a written contract to perform a service requiring use of the special mobile machinery for
which specific ownership tax under this section is required.
(d) (T) An owner who desires prorated specific ownership tax shall submit an appli-
cation to the department. The application shall include the terms of the owner's service,
which shall be evidenced by a copy of the written contract specified in paragraph (c) of this
subsection (17) and signed by the owner. The validity of the contract shall be evidenced
either by sufficient documentation to substantiate its validity or by the fact that such owner
is an established business in Colorado, as shown by registration with the Colorado secretary
of state or department of revenue as required by law.
(II) An owner of special mobile machinery that is not registered in Colorado shall
submit the application upon the arrival in Colorado of the special mobile machinery for
which specific ownership tax under this section is required.
(HI) An owner of special mobile machinery that is registered in Colorado shall submit
the application when the owner renews the registration of the special mobile machinery for
which specific ownership tax under this section is required.
(IV) When satisfied as to the genuineness and regularity of the application submitted,
the department shall assess, and the owner shall pay, the prorated specific ownership tax in
an amount equal to the annual specific ownership tax mat would otherwise be imposed
pursuant to subsection (15) of this section, prorated by the number of months during which
the owner is expected to use the special mobile machinery in Colorado.
(V) (A) Prorated specific ownership taxes shall be assessed for a period of not less than
two months nor more man eleven months in a twelve-month period.
(B) After a prorated specific ownership tax has been assessed and paid, an owner may
have the prorated specific ownership tax assessment period adjusted for between two and
eleven months upon the owner's request to the department that the owner requires
additional time to complete the contract referred to in paragraph (c) of this subsection (17)
and upon payment of any additional prorated specific ownership tax pursuant to this
subsection (17).
(e) (I) A person who, in an application made under this subsection (17), uses a false or
fictitious name or address, knowingly makes a false statement, knowingly conceals a
material fact, or otherwise perpetrates a fraud commits a class 2 misdemeanor traffic
offense. Such person continues to be liable for any unpaid specific ownership taxes.
(H) A person shall not operate special mobile machinery in Colorado unless the owner
has paid the specific ownership tax assessed pursuant to this article, and a person shall not
Title 42 - page 173 Registration, Taxation, and License Plates 42-3-107
operate special mobile machinery in Colorado after the expiration of the period for which
the specific ownership tax was paid. A person who violates this subparagraph (II) is subject
to, in addition to any other penalty, an administrative penalty of the lesser of five hundred
dollars or double the amount of the specific ownership tax. The penalty may be levied by
an authorized agent or a peace officer under the authority granted by section 42-8-104 (2).
The violation is to be determined by, paid to, and retained by the municipality or county
where the motor vehicle is or should have been registered, subject to judicial review
pursuant to rule 106 (a) (4) of the Colorado rules of civil procedure.
(18) (a) The annual specific ownership tax provided in subsection (15) of this section
for Class F personal property registered in Colorado shall be determined and collected by
the authorized agent in the county in which the owner of such Class F personal property
resides.
(b) (I) The owner of any Class F personal property shall, within sixty days after the
purchase of new or used Class F personal property, apply for registration with the
authorized agent.
(II) No person shall operate Class F personal property unless the property is registered
with the authorized agent or exempt from registration pursuant to section 42-3-104 (3).
(c) The property tax administrator shall furnish each authorized agent with a printed
copy of the schedule of taxable values of Class F personal property compiled as provided
in subsection (15) of this section, and such schedule shall be uniformly used by every
authorized agent in computing the amount of annual specific ownership tax payable on any
Class F personal property. The property tax administrator shall also furnish continuing
supplements of such schedule to each authorized agent in order that the agent may have
available current information relative to the taxable value of newly manufactured Class F
personal property.
(19) The annual specific ownership tax on each item of Class B, Class C, Class D, and
Class F personal property shall become due and payable to the authorized agent in the
county where such item is to be registered, shall be paid at the time of registration of such
item, and if not paid within one month after the date a registration expires, shall become
delinquent.
(20) Except as provided in subsection (27) of this section, it is the duty of each
authorized agent to collect the registration fee on every item of classified personal property
located in the agent's county when registered and to collect the specific ownership taxes
payable on each such item registered, except those items classified as Class A upon which
the specific ownership tax is collected by the department and except those items classified
as Class F when such tax is collected under subsection (16) of this section, at the time of
registration. The failure of any authorized agent to collect the registration fee and specific
ownership tax on any item of classified personal property shall not release the owner thereof
from liability for the registration of such vehicle.
(21) Each authorized agent shall advise the owner of any item of Class F personal
property upon which the annual specific ownership tax is due, by notice mailed to such
owner indicating the amount of tax due. If payment is not made, the authorized agent shall
report such fact to the county treasurer, who shall thereupon proceed to collect the amount
of delinquent tax by distraint, seizure, and sale of the item upon which the tax is payable,
in the same manner as is provided in section 39-10-113, C.R.S., for the collection of ad
valorem taxes on personal property.
(22) Each authorized agent shall retain, out of the amount of annual specific ownership
tax collected on each item of classified personal property, the sum of fifty cents, which sum
shall constitute remuneration for the collection of such tax. The sums so retained shall be
transmitted to the county treasurer and credited in the manner provided by law. In addition,
each authorized agent shall retain, out of the amount of annual specific ownership tax
collected on each item of classified personal property, the sum of fifty cents, which sum
shall be transmitted to the state treasurer, who shall credit the same to the special purpose
account established under section 42-1-211.
(23) Each authorized agent shall transmit to the county treasurer, at least once each
week, all specific ownership taxes collected on items of classified personal property,
reporting the aggregate amount collected for each class.
42-3-107 Vehicles and Traffic Title 42 - page 174
(24) (a) Each January, the treasurer of each county shall calculate the percentages that
the dollar amount of ad valorem taxes levied in the treasurer's county during the preceding
calendar year for county purposes and for the purposes of each political and governmental
subdivision located within the boundaries of the treasurer's county were of the aggregate
dollar amount of ad valorem taxes levied in such county during the preceding calendar year
for said purposes. The percentages so calculated shall be used for the apportionment
between the county itself and each political and governmental subdivision located within its
boundaries of the aggregate amount of specific ownership tax revenue to be paid over to the
treasurer during the current calendar year.
(b) On the tenth day of each month, the aggregate amount of specific ownership taxes
on Class A, B, C, D, and F personal property received or collected by the county treasurer
during the preceding calendar month shall be apportioned between the county and each
political and governmental subdivision located within the boundaries of the county accord-
ing to the percentages calculated in the manner prescribed in paragraph (a) of this
subsection (24), and the respective amounts so determined shall be credited or paid over to
the county and each such subdivision.
(c) The fee for the collection of specific ownership taxes having been charged when
collected by the authorized agent, the treasurer shall make no further charge against the
amount of specific ownership taxes credited or paid over to any political or governmental
subdivision located in the treasurer's county.
(d) An insolvent taxing district, as defined in section 32-1-1402 (2), C.R.S., that has
increased its mill levy for the purpose of paying for maturing bonds of the district, interest
on bonds of the district, or prior deficiencies of the district shall not be entitled to receive
any larger proportion of the specific ownership taxes collected in the county in which such
district is located as the result of such increase in the district's mill levy. For the purpose
of apportioning specific ownership tax revenues in a county, dollar amounts from the
levying of ad valorem taxes by an insolvent taxing district located in the county for the
purpose of paying for maturing bonds of the district, interest on bonds of the district, or
prior deficiencies of the district shall be excluded from the calculation of the percentages
required by paragraph (a) of this subsection (24).
(25) A credit shall be allowed for taxes paid on any item of Class A, Class B, Class C,
Class D, or Class F personal property if the owner disposes of the vehicle during the
registration period or if the owner converts the vehicle from any class of personal property
to Class F property. The credit may apply to payments of taxes on a subsequent application
by the owner for registration of an item of Class A, Class B, Class C, Class D, or Class F
personal property made during the registration period or may be assigned by the owner to
the transferee of the property for which taxes were paid; except that, when the transferee is
a dealer in new or used vehicles, the transferee shall account to the owner for any
assignment of the credit. The credit shall be prorated based on the number of months
remaining in the registration period after the transfer and disposal of the vehicle. The
calculation for the credit shall be determined by using the period beginning with the first
day of the month following the date of transfer through the last day of the month for the
period for which the vehicle was registered. Specific ownership tax credit will be allowed
only if the total ownership tax credit due exceeds ten dollars.
(26) Notwithstanding the amount specified for the fees in paragraph (e) of subsection
(11) and paragraph (b) of subsection (16) of this section, the executive director of the
department by rule or as otherwise provided by law may reduce the amount of one or more
of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncom-
mitted reserves of the fund to which all or any portion of one or more of the fees is credited.
After the uncommitted reserves of the fund are sufficiently reduced, the executive director
of the department by rule or as otherwise provided by law may increase the amount of one
or more of the fees as provided in section 24-75-402 (4), C.R.S.
(27) (a) Notwithstanding any provision in this article to the contrary, a fleet owner may
process the registration renewal for any fleet vehicle, with the exception of Class A personal
property, in the county in which the fleet owner's principal office or principal fleet
management facility is located instead of in the county in which the fleet vehicle is located
at the time of registration. A fleet vehicle for which the registration renewal is processed
Title 42 - page 175 Registration, Taxation, and License Plates 42-3-107
pursuant to this subsection (27) shall continue to be registered in the county in which it is
located at the time of registration. This subsection (27) shall not apply to a fleet vehicle that
was not previously registered in Colorado at the time of registration.
(b) If a fleet owner chooses to process the registration renewal of a fleet vehicle in the
county in which the owner's principal office or principal fleet management facility is
located instead of in the county in which the vehicle is located, the authorized agent in the
county where the owner* s principal office or principal fleet management facility is located
shall collect the registration fee and specific ownership tax payable on each fleet vehicle for
which the registration renewal is processed by the fleet owner in such county.
(c) The authorized agent in a county in which a fleet vehicle registration renewal is
processed pursuant to this section shall retain and not disburse the sum authorized pursuant
to section 42-1-210 (1) (a) to defray the costs associated with vehicle registration. The
authorized agent in the county in which a fleet vehicle registration renewal is processed
pursuant to this section shall transmit to the department all fees and moneys collected by the
agent pursuant to section 42-1-214.
(d) The authorized agent in the county in which a fleet vehicle registration renewal is
processed pursuant to this section shall transmit the registration fees collected pursuant to
section 42-3-310 to the department. The department shall then transmit such fees to the
authorized agent in the county in which the fleet vehicle is located at the time of registration,
and the authorized agent shall transmit such fees to the county treasurer pursuant to section
42-3-310.
(e) The annual specific ownership tax on each fleet vehicle for which the registration
renewal is processed in the county in which the fleet owner* s principal office or principal
fleet management facility is located shall become due and payable to the authorized agent
in such county pursuant to this article. The authorized agent in such county shall apportion
the specific ownership taxes collected for all fleet vehicles for which the registration
renewal is processed in such county pursuant to this subsection (27) to the counties in which
the fleet vehicles are located at the time of registration in proportion to the number of fleet
vehicles located in each county.
(f) (I) This subsection (27) shall apply to registration renewal for fleet vehicles upon
implementation of the Colorado state tiffing and registration system, established in section
42-1-211, by the department.
(II) Repealed.
(g) Nothing in this section shall be construed to affect the allocation of highway users
tax fund moneys to counties or municipalities pursuant to sections 43-4-207 and 43-4-208,
C.R.S.
(28) The prepaid annual specific ownership tax for a registration issued under section
42-3-102 (4) is ninety-five dollars and fifty cents.
Source: L. 2005: Entire article amended with relocations, p. 1080, § 2, effective August
8. L. 2006: (ll)(a) and (12)(a) amended, p. 975, § 1, effective July 1. L. 2008: (l)(a)(I)
amended, p. 810, § 2, effective September 1. L. 2010: (16)(a), IP(16)(b), (16)(e), (17)(b),
(18)(b), and (25) amended, (HB 10-1172), ch. 320, p. 1489, § 6, effective October 1.
L. 2011: (16)(c) and (17)(e)(II) amended, (HB 11-1093), ch. 258, p. 1132, § 2, effective
June 2; (27)(f)(II) repealed, (HB 11-1303), ch. 264, p. 1181, § 106, effective August 10.
L. 2012: (28) added, (HB 12-1038), ch. 276, p. 1456, § 3, effective June 8. L. 2012, 1st
Ex. Sess.: (16)(f) added, (SB 12S-001), ch. 3, p. 2433, § 1, effective August 15.
Editor's note: (1) Section 9 of chapter 276, Session Laws of Colorado 2012, provides that the
act adding subsection (28) applies to registrations issued, and to applications made, on or after August
1, 2012.
(2) Section 3 of chapter 3, Session Laws of Colorado 2012, provides that the act adding
subsection (16)(f) applies to acts committed on or after January 1, 2013.
Cross references: For the legislative declaration in the 2012 act adding subsection (28), see section
1 of chapter 276, Session Laws of Colorado 2012.
42-3-108
Vehicles and Traffic
ANNOTATION
Title 42 -page 176
Annotator's note. Since § 42-3-107 is sim-
ilar to § 42-3-107 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing that provision and its predeces-
sors have been included in the annotations to
this section.
The facial disparity in this section and
§ 42-3-106 between ownership tax rates ap-
plicable to interstate and intrastate vehicles
ten years old and older violated the Com-
merce Clause of the United States Constitu-
tion where trucking company was able to show
that the statutes discriminated against interstate
commerce by unfairly imposing an economic
disadvantage upon interstate carriers that oper-
ated vehicles subject to the tax. Riverton Pro-
duce Co. v. State, 871 P.2d 1213 (Colo. 1994).
The court concluded that the discrimina-
tory provisions of this section and § 42-3-106
were severable from the remainder of the
statutes where the discrimination in tax rates
was not "inextricably intertwined" with the
valid provisions and where severing the dispar-
ity between interstate and intrastate vehicles
would not frustrate the legislature's efforts to
raise revenue for the maintenance of its roads
and highways. Riverton Produce Co. v. State,
871 P.2d 1213 (Colo. 1994).
This section implements § 6 of art X,
Colo. Const, and establishes procedures for
the collection of the specific ownership tax.
Cooper Motors, Inc. v. Bd. of County Comm'rs,
131 Colo. 78, 279 P.2d 685 (1955).
This section does not condition the pay-
ment of the tax on the situs of the car within the
state or the residence of the owner. Bd. of
Comm'rs v. Morris, 104 Colo. 139, 89 P.2d 248
(1939).
Water conservancy districts are not enti-
tled to a portion of the specific ownership tax
collected by counties lying wholly or partially
within the district. N. Colo. Water Conservancy
Dist. v. Witwer, 108 Colo. 307, 116 P.2d 200
(1941).
A local government's determination of
whether a violation of this section relating to
the nonpayment of specific ownership tax for
special mobile machinery has occurred re-
quires notice and a hearing. Because the local
government must exercise multiple layers of
discretion involving several independent legal
and factual issues, such a determination is a
quasi-judicial act notwithstanding that the stat-
ute does not require notice or a hearing. Because
no hearing was held, the county's determination
is not reasonably supported by competent evi-
dence and is therefore an abuse of discretion.
Hellas Constr., Inc. v. Rio Blanco County, 192
P.3d 501 (Colo. App. 2008).
42-3-108. Determination of year model - tax lists. All vehicles of the current year
model, as designated by the manufacturer, shall, for the payment of the specific ownership
tax, be considered in the first year of service regardless of the date of purchase, and those
charged with the collection of annual specific ownership taxes on vehicles subject to
specific ownership taxation shall use the year that the model was manufactured or
constructed as the basis of computation of the annual specific ownership tax.
8.
Source: L. 2005: Entire article amended with relocations, p. 1093, § 2, effective August
42-3-109. lax for registration period. Except as provided in sections 42-3-110,
42-3-304 (10), and 42-4-305 (5), the owner shall pay upon a purchased vehicle subject to
registration under this article the prescribed fee for a twelve-month registration. In no event
shall the specific ownership tax collected on any classified personal property be less than
one dollar and fifty cents.
Source: L. 2005: Entire article amended with relocations, p. 1093, § 2, effective August
8.
42-3-110. Payment of motor vehicle registration fees and specific ownership taxes
in installments. (1) An owner of a motor vehicle, other than a trailer or semitrailer,
classified as Class A or Class B personal property under section 42-3-106 (2) (b) may apply
to the department to pay the twelve-month registration fee and specific ownership tax for
the owner's fleet of such vehicles in installments. The department shall approve an
application from a fleet owner to make payments for a fleet in installments if all the
following requirements are met:
Title 42 - page 177 Registration, Taxation, and License Plates 42-3-112
(a) The total of the twelve-month registration fee and the twelve-month specific
ownership tax for the fleet equals one thousand dollars or more;
(b) The applicant pays one-third of the total amount due for registration and specific
ownership tax with the application;
(c) The fleet owner does not owe past due motor vehicle registration fees or specific
ownership taxes or outstanding penalties imposed for nonpayment of such fees or taxes;
(d) The owner is not denied the privilege of paying in installments pursuant to
paragraph (b) of subsection (3) of this section; and
(e) The fleet owner has a performance bond issued by a surety company authorized to
do business in Colorado, a bank letter of credit, or a certificate of deposit in an amount equal
to no less than the remaining amount of the annual registration fee and specific ownership
tax that will be paid in installments. The performance bond, letter of credit, or certificate of
deposit shall be payable to the department if the owner fails to pay the required installments.
(2) If an application to pay in installments is approved pursuant to subsection ( 1 ) of this
section, the applicant shall pay the remainder of the registration fee and specific ownership
tax in two equal installments as follows:
(a) The first installment on or before the first day of the fifth month of the registration
period; and
(b) The second installment on or before the first day of the ninth month of the
registration period.
(3) (a) If a fleet owner fails to pay an installment under this section on or before the
date the installment was due, the remaining amount of the unpaid registration fee and
specific ownership tax for the fleet is due in full immediately. Such owner shall not operate
the vehicles in such fleet on the highways of the state until the owner has paid such amount.
(b) If a fleet owner fails to pay an installment for a motor vehicle under this section
within thirty days after the installment was due, the department may deny such owner the
privilege of paying registration fees and specific ownership taxes in installments under this
section.
(4) The provisions of this section do not modify the amount of the registration fee or
specific ownership tax owed by an owner for a motor vehicle during a registration period.
(5) The department may promulgate rules to implement the installment payment
process established by this section.
Source: L. 2005: Entire article amended with relocations, p. 1093, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-109.5 as it existed prior to 2005, and the
former § 42-3-110 was relocated to § 42-3-111.
42-3-111. Tax year - disposition. (1) The annual specific ownership tax shall attach
and apply to motor vehicles, trailers, semitrailers, or trailer coaches operated upon the
highways of this state for the registration period within which it is levied and collected.
(2) Payment of an annual specific ownership tax on a trailer coach to the authorized
agent of a county of this state in which the situs of the trailer coach is established at the time
of registration for all of a registration period shall constitute the entire tax payable on such
vehicle.
Source: L. 2005: Entire article amended with relocations, p. 1094, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-110 as it existed prior to 2005, and the
former § 42-3-111 was relocated to § 42-3-112.
42-3-112. Failure to pay tax • penalty - rules. (1) If a vehicle subject to taxation
under this article is not registered when required by law, the vehicle owner shall pay a late
fee of twenty-five dollars for each month or portion of a month following the expiration of
42-3-112 Vehicles and Traffic Title 42 - page 178
the registration period, or, if applicable, the expiration of the grace period described in
section 42-3-1 14 for which the vehicle is unregistered; except that the amount of the late fee
shall not exceed one hundred dollars. The late fee shall be due when the vehicle is
registered.
(1.5) (a) Notwithstanding the provisions of subsection ( 1 ) of this section, the executive
director of the department shall promulgate rules in accordance with article 4 of title 24,
C.R.S., that establish circumstances in addition to the circumstances described in subsection
(3) of this section in which a vehicle owner shall be exempted from paying the late fee
described in said subsection (1). The rules shall apply uniformly throughout the state and
shall include, but shall not be limited to, exemptions for:
(1) Acts of God and weather-related delays;
(II) Office closures and furloughs;
(HT) Temporary registration number plates, tags, or certificates that have expired;
(IV) Medical hardships; and
(V) Information technology failures.
(b) The executive director of the department shall also promulgate rules in accordance
with article 4 of title 24, C.R.S., that allow the department or an authorized agent to reduce
or waive the late fee that would otherwise be due upon the registration of a trailer that is
a commercial or farm vehicle, as part of the normal operation, if the owner can establish,
in accordance with criteria specified in the rules, that the trailer was idled so that it was not
operated on any public highway in this state for at least a full registration period. Nothing
in this paragraph (b) shall be construed to exempt the owner of an idled trailer from paying
any fees imposed pursuant to this article other than the late fee before again operating the
trailer on a public highway in this state or from paying any taxes imposed pursuant to this
article. The owner shall provide to the department or authorized agent a sworn affidavit that
states that the trailer has not been operated on the public highways during the period for
which it was not registered as required and describes the nature of the business conditions
that resulted in the removal of the trailer from service.
(c) The executive director of the department shall consult with the county clerk and
recorders in promulgating the rules required by paragraph (a) of this subsection (1.5).
( 1 .7) Notwithstanding the provisions of subsection ( 1 ) of this section, on and after July
1, 2010, the amount of the late fee payable by the owner of a vehicle without motive power
that weighs sixteen thousand pounds or less or a camper trailer or a multipurpose trailer
regardless of its weight, that is subject to taxation under this article, and that is not
registered when required by law shall be ten dollars. For purposes of this subsection (1.7),
the weight of a trailer of any kind is the empty weight.
(2) Ten dollars of the late registration fee shall be retained by the department or the
authorized agent who registers the motor vehicle. Each authorized agent shall remit to the
department no less frequently than once a month, but otherwise at the time and in the
manner required by the executive director of the department, the remainder of the late
registration fees collected by the authorized agent. The executive director shall forward all
late registration fees remitted by authorized agents plus the remainder of the late registration
fees collected directly by the department to the state treasurer, who shall credit the fees to
the highway users tax fund in accordance with section 43-4-804 (1) (e), C.R.S.
(3) The late fee described in subsection (1) of this section shall not be imposed on a
vehicle subject to taxation under this article if:
(a) The person who owns the vehicle uses the vehicle in operating a commercial
business and, as part of the normal operation of the business, idles the vehicle so that it is
not operated on any public highway in this state for at least one full registration period.
Nothing in this paragraph (a) shall be construed to exempt the owner of an idled vehicle
from paying any fees imposed pursuant to this article other than the late fee before again
operating the vehicle on a public highway in this state or from paying any taxes imposed
pursuant to this article.
(b) The person who owns the vehicle is in the active military service of the United
States and is serving outside the state when a registration period and grace period for
renewal of registration for the vehicle end and the vehicle is not operated on any public
highway of the state between the time the registration period and grace period end and the
Title 42 - page 179 Registration, Taxation, and License Plates 42-3-113
time the vehicle is reregistered. Nothing in this paragraph (b) shall be construed to exempt
the owner of such a vehicle from paying any fees imposed pursuant to this article other than
the late fee before again operating the vehicle on a public highway in this state or from
paying any taxes imposed pursuant to this article,
(c) The vehicle registration expired during the period the vehicle was reported stolen.
Source: L. 2005: Entire section amended, p. 395, § 1, effective July 1; entire article
amended with relocations, p. 1094, § 2, effective August 8. L. 2009: Entire section
amended, (SB 09-108), ch. 5, p. 50, § 7, effective March 2; (3)(c) added, (HB 09-1230), ch.
232, p. 1068, § 5, effective August 5. L. 2010: (1.5) added, (HB 10-1212), ch. 126, p. 419,
§ 1, effective April 15; (1.7) added, (HB 10-1211), ch. 323, p. 1500, § 1, effective July 1;
(1.7) amended, (SB 10-198), ch. 377, p. 1771, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 42-3-111 as it existed prior to 2005, and
portions of the former § 42-3-112 were relocated to §§ 42-3-113, 42-3-209, and 42-3-210.
(2) This section was originally numbered as § 42-3-111, and the amendments to it in House Bill
05-1140 were harmonized with § 42-3-112 as it appears in House Bill 05-1107.
42-3-113. Records of application and registration. (1) The department shall file
each application received and, when satisfied mat the applicant is entitled to register the
vehicle, shall register the vehicle and the owner of such vehicle as follows:
(a) The owner and vehicle shall be assigned a distinct registration number, referred to
in this article as the "registration number'*. Each registration number assigned to a vehicle
and its owner shall be designated "urban" if the owner resides within the limits of a city
or incorporated town. Each registration number assigned to a vehicle and its owner shall be
designated "rural" if the owner resides outside the limits of a city or incorporated town. The
county clerk and recorder of each county shall certify to the department as soon as possible
after the end of the calendar year, but not later than May 1 of the following year, the total
number of vehicles classified as "urban" and the total number of vehicles classified as
"rural".
(b) The registration shall be filed alphabetically under the name of the owner.
(c) The registration shall be filed numerically and alphabetically under the identifica-
tion number and name of the vehicle.
(2) The department, upon registering a vehicle, shall issue to the owner a registration
card, which shall contain upon its face the following:
(a) The date issued;
(b) The registration number assigned to the owner and vehicle;
(c) The name and address of the owner;
(d) A notice, in type that is larger than the other information contained on the
registration card:
(I) That motor vehicle insurance coverage is compulsory in Colorado;
(II) That noncompliance is a misdemeanor traffic offense;
(III) That the minimum penalty for such offense is a one-hundred-dollar fine;
(IV) That the maximum penalty for such offense is one year's imprisonment and a
one-thousand-dollar fine;
(V) That such owner shall be required upon receipt of the registration card to sign the
affirmation clause on such card that states:
I swear or affirm under penalty of perjury that I now have in effect a complying policy
of motor vehicle insurance pursuant to part 6 of article 4 of title 10, C.R.S., or a certificate
of self-insurance to cover the vehicle for which this registration is issued, and I understand
that such insurance must be renewed so that coverage is continuous.
Signature , Date .
(e) A notice that Colorado law provides for a thirty-day grace period after a registration
is due for renewal;
(f) A description of the registered vehicle, including the identification number,
42-3-113 Vehicles and Traffic Title 42 - page 180
(g) If it was a new vehicle sold in this state after January 1, 1932, the date of sale by
the manufacturer or dealer to the person first operating such vehicle; and
(h) Such other statements of fact as may be determined by the department.
(3) A notice for renewal of registration shall include a notice, in type that is larger than
the other information contained in the notice, that specifies that motor vehicle insurance
coverage is compulsory in Colorado, that noncompliance is a misdemeanor traffic offense,
that the minimum penalty for such offense is a one-hundred-dollar fine, and that the
maximum penalty for such offense is one year's imprisonment and a one-thousand-dollar
fine.
(4) The department shall notify all registered owners of the provisions and require-
ments of subsection (2) and (3) of this section.
(5) The owner, upon receiving the registration card, shall sign the usual signature or
name of such owner with pen and ink in the space provided upon the face of such card.
(6) The registration card issued for a vehicle required to be registered under this article
shall, at all times while the vehicle is being operated upon a highway, be in the possession
of the driver or carried in the vehicle and subject to inspection by any peace officer.
(7) Within thirty days after moving from an address or changing the name of the owner
listed upon a vehicle registration, a person shall notify the county of residence in which the
vehicle is to be registered in writing of the person's old and new address, including county,
or old and new name, the registration numbers assigned to the vehicles for which the
address is being changed, and the registration numbers for all registrations then held by such
person.
(8) (a) As used in this subsection (8):
(I) "Eligible vehicle" means a motor vehicle that has a valid certificate of registration
issued by the department of revenue to a person whose address of record on such certificate
is within the boundaries of the program area, as defined in section 42-4-304 (20). The term
"eligible vehicle" shall not include motor vehicles held for lease or rental to the general
public, motor vehicles held for sale by motor vehicle dealers, including demonstration
vehicles, motor vehicles used for motor vehicle manufacturer product evaluations or tests,
law enforcement and other emergency vehicles, or nonroad vehicles, including farm and
construction vehicles.
(II) "Program area fleet" means a person who owns ten or more eligible vehicles. In
determining the number of vehicles owned or operated by a person for purposes of this
subsection (8), all motor vehicles owned, operated, leased, or otherwise controlled by such
person shall be treated as owned by such person.
(b) (I) Upon the registration of an eligible vehicle, the owner shall report on forms
provided by die department:
(A) The types of fuel used by such vehicle; and
(B) Whether such vehicle is dual-fueled or dedicated to one fuel.
(II) The forms provided by the department shall include spaces for the following fuels:
Gasoline, diesel, propane, electricity, natural gas, methanol or M85, ethanol or E85,
biodiesel, and other.
(c) Upon registration of a vehicle that is a part of a program area fleet, the owner shall
report on forms provided by the department that such vehicle is owned by a program area
fleet and shall list the owner's tax identification number.
(d) Within a reasonable period of time and upon the request of a political subdivision
or the state of Colorado or any institution of the state or the state's political subdivisions,
the department shall provide a report listing the owners of eligible vehicles that use fuels
other than gasoline or diesel, listing the fuel type of each such eligible vehicle, and
identifying whether or not such eligible vehicles are part of a program area fleet.
(9) Except for vehicles owned by a trust created for the benefit of a person with a
disability, for purposes of enforcing disabled parking privileges granted pursuant to section
42-4-1208, the department, when issuing a registration card under this section, shall clearly
indicate on the card if an owner of a vehicle is a person with a disability as defined in
section 42-3-204. If the vehicle is owned by more than one person and the registration
reflects that joint ownership, the department shall clearly indicate on the registration card
which of the owners are persons with disabilities and which of the owners are not.
Title 42 - page 181 Registration, Taxation, and License Plates 42-3-115
(10) (a) Whenever a person asks the department or any other state department or
agency for the name or address of the owner of a motor vehicle registered under this section,
the department or agency shall require the person to disclose if the purpose of the request
is to determine the name or address of a person suspected of a violation of a state or
municipal law detected through the use of an automated vehicle identification system as
described in section 42-4-110.5. If the purpose of the request is to determine the name or
address of such a suspect, the department or agency shall release such information only if
the county or municipality for which the request is made complies with section 42-4-110.5.
(b) No person who receives the name or address of the registered owner of a motor
vehicle from the department or from a person who receives the information from the
department shall release such information to a county or a municipality unless the county
or municipality complies with state laws concerning the use of automated identification
devices.
(11) The department shall not place an expiration date on the registration card for a
Class A commercial trailer or semitrailer registered in Colorado.
Source: L. 2005: (2) amended, p. 395, § 2, effective July 1; entire article amended with
relocations, p. 1095, § 2, effective August 8. L. 2010: (7) amended, (HB 10-1045), ch.
317, p. 1480, § 5, effective July 1, 2011. L. 2012: (11) added, (HB 12-1038), ch. 276, p.
1456, § 4, effective June 8.
Editor's note: (1) This section is similar to former § 42-3-112 as it existed prior to 2005, and
portions of the former § 42-3-113 were relocated to §§ 42-3-201 and 42-3-301.
(2) Subsection (2) was originally numbered as § 42-3-1 12 (2), and the amendments to it in House
Bill 05-1140 were harmonized with § 42-3-113 (2) as it appears in House Bill 05-1107.
(3) Section 9 of chapter 276, Session Laws of Colorado 2012, provides that the act adding
subsection (11) applies to registrations issued, and to applications made, on or after August 1, 2012.
Cross references: For the legislative declaration in the 2012 act adding subsection (1 1), see section
1 of chapter 276, Session Laws of Colorado 2012.
ANNOTATION
Annotator's note. Since § 42-3-113 is sim- pal ordinances. Regulation of automated vehi-
ilar to § 42-3-1 12 as it existed prior to the 2005 cle identification systems to enforce traffic laws
amendment to article 3 of title 42, which re- is a matter of mixed local and state concern. In
suited in the relocation of povisions, a relevant the event of conflict, state law prevails. City of
case construing that provision has been included Commerce City v. State, 40 P.3d 1273 (Colo,
in the annotations to this section. 2002).
Subsection (10) (formerly subsection (14))
supersedes conflicting provisions of munici-
42-3-114. Expiration. Every vehicle registration under this article shall expire on the
last day of the month at the end of each twelve-month registration period and shall be
renewed, upon application by the owner, the payment of the fees required by law, and in
accordance with section 42-3-113 (3), not later than the last day of the month following the
date of expiration. No license plates other than those of the registration period to which they
pertain shall be displayed on a motor vehicle operated on the highways of Colorado. A
person who violates any provision of this section commits a class B traffic infraction.
Source: L. 2005: Entire article amended with relocations, p. 1098, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-124 as it existed prior to 2005, and the
former § 42-3-114 was relocated to § 42-3-211.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
42-3-115. Registration upon transfer. (1) Whenever the owner of a motor vehicle
registered under mis article transfers or assigns the owner's title or interest, the registration
42-3-115 Vehicles and Traffic Title 42 - page 182
of such vehicle shall expire, and such owner shall remove the number plates. The owner,
upon applying for registration in such owner's name during the same registration period of
another motor vehicle, may receive credit upon the fees due for such new registration for
such portion of the fees paid for the cancelled registration as the department may determine
to be proper and proportionate to the unexpired part of the original term of registration. A
transfer fee of one dollar shall be paid in all cases.
(2) (a) Except as provided in paragraph (b) of this subsection (2), the transferee, before
operating or permitting the operation of a motor vehicle upon a highway, shall register the
vehicle.
(b) A transferee may operate a motor vehicle on the highway before registering it if:
(1) The vehicle is exempt from registration pursuant to section 42-3-103 or 42-3-104;
or
(II) The vehicle has been temporarily registered pursuant to section 42-3-203 (3); or
(HI) (A) The transferee has purchased the motor vehicle within the last thirty-six hours
from a person who is not a motor vehicle dealer under article 6 of title 12, C.R.S.;
(B) The vehicle was purchased either on a Saturday, on a Sunday, on a legal holiday,
or between 5 p.m. and 8 a.m.;
(C) The vehicle is being driven from the place where the transferor stored the vehicle
to the place where the transferee intends to store the vehicle;
(D) The owner possesses, in the vehicle, a bill of sale that shows the time and date of
sale and that is signed by bom the buyer and seller; and
(E) The owner possesses, in the vehicle, proof of insurance as required by section
42-4-1409.
(3) If a title to or interest in a motor vehicle is transferred by operation of law, as upon
inheritance, devise, or bequest, order in bankruptcy of insolvency, execution, sale, repos-
session upon default in performing the terms of a lease or executory sales contract, chattel
mortgage, secured transaction, or otherwise, the registration thereof shall expire, and the
vehicle shall not be operated upon the highways unless the vehicle is registered; except that
a person repossessing the vehicle pursuant to rights granted by a mortgage or applicable law
may operate the vehicle upon the highways from the place of repossession to the vehicle's
new place of storage, either upon displaying upon such vehicle the number plates issued to
the former owner or without displaying number plates but under a written permit obtained
from the department or the police authorities with jurisdiction over such highways and upon
displaying upon such vehicle a placard bearing the name and address of the person
authorizing and directing such movement, plainly readable from a distance of one hundred
feet during daylight.
(4) The owner of a motor vehicle who has made a bona fide sale or transfer of such
owner's title or interest and who has delivered possession of such vehicle and the certificate
of title, properly endorsed, to the purchaser or transferee shall not be liable for any damages
thereafter resulting from negligent operation of such vehicle by another.
Source: L. 2005: (2) amended, p. 800, § 1, effective July 1; entire article amended with
relocations, p. 1098, § 2, effective August 8. L. 2006: (2)(b)(II) amended, p. 1510, § 68,
effective June 1.
Editor's note: (1) This section is similar to former § 42-3-126 as it existed prior to 2005, and
portions of the former § 42-3-115 were relocated to § 42-3-212.
(2) Subsection (2) was originally numbered as § 42-3- 1 26 (2), and the amendments to it in Senate
Bill 05-014 were harmonized with § 42-3-115 (2) as it appears in House Bill 05-1107.
ANNOTATION
Annotator's note. Since § 42-3-115 is sim- that section have been included in the annota-
ilar to § 42-3-126 as it existed prior to the 2005 toons to this section.
amendment to article 3 of title 42, which re- The registration of vehicles is primarily a
suited in the relocation of provisions, relevant taxing scheme whereby the owner of a vehicle
cases construing former provisions similar to is assessed an annual fee in lieu of an ad valo-
Title 42 - page 183 Registration, Taxation, and License Plates
42-3-116
rem tax on his vehicle. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
Taxing scheme applies to vehicles to be
operated on Colorado highways. The taxing
scheme applies, with some exceptions, to all
vehicles which are owned by Colorado residents
and are primarily designed to be operated on
Colorado highways. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
If the vehicle is not to be operated on Colo-
rado highways, the owner is not required to pay
the ownership tax. Sifuentes v. Weed, 186 Colo.
109, 525 P.2d 1157 (1974).
The law is designed to be equitable.
Sifuentes v. Weed, 186 Colo. 109, 525 P.2d 1157
(1974).
The taxing scheme is equitably tailored to tax
those who have an opportunity to operate a
vehicle on Colorado highways. Sifuentes v.
Weed, 186 Colo. 109, 525 P.2d 1157 (1974).
Plaintiff not deprived of property right by
enforcement of law. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
How this section implements taxing
scheme. To implement the taxing scheme, this
section provides for a pro rata credit of the
registration tax when an owner of a registered
vehicle transfers his interest in the vehicle. This
transfer can be by operation of law. Sifuentes v.
Weed, 186 Colo. 109, 525 P.2d 1157 (1974).
"Registered in the name of should be
construed to have the meaning accorded it by
the applicable state law, especially where the
phrase is used on an insurance company form
given multi-state distribution. Waggoner v. Wil-
son, 31 Colo. App. 518, 507 P.2d 482 (1972).
42-3-116. Manufacturers or dealers. (1) Upon application using the proper form
and payment of the fees required by law, a manufacturer of, drive-away or tow-away
transporter of, or dealer in, motor vehicles, trailers, special mobile machinery, or semitrail-
ers operating such vehicle upon any highway, in lieu of registering each vehicle, may obtain
from the department and attach to each such vehicle one number plate, as required in this
article for different classes of vehicles. Such plate shall bear a distinctive number; the name
of this state, which may be abbreviated; the year issued; and a distinguishing word or
symbol indicating that such plate was issued to a manufacturer, drive-away or tow-away
transporter, or dealer. Such plates may, during the registration period for which they were
issued, be transferred from one such vehicle to another when owned and operated by or with
the authority of such manufacturer or representative of such manufacturer or operated by
such drive-away or tow-away transporter or dealer.
(2) No manufacturer of or dealer in motor vehicles, trailers, or semitrailers shall cause
or permit a vehicle owned by such person to be operated or moved upon a public highway
without displaying upon such vehicle a number plate, except as otherwise authorized in this
article.
(3) A manufacturer of motor vehicles, trailers, or semitrailers may operate or move
upon the highways any such vehicle from the factory where manufactured to a railway
depot, vessel, or place of shipment or delivery, without registering the same and without an
attached number plate, under a written permit first obtained from the police authorities with
jurisdiction over such highways and upon displaying upon each such vehicle a placard
bearing the name and address of the manufacturer authorizing or directing such movement,
plainly readable from one hundred feet away during daylight.
(4) (a) Any dealer in motor vehicles, trailers, or semitrailers may operate, move, or
transport a vehicle owned by such dealer on the streets and highways of mis state without
registering such vehicle and without an attached numbered plate if there is displayed on
such vehicle a depot tag issued by the department. Such tag may be purchased from the
department for a fee of five dollars. Such tags shall only be used for moving authorized
vehicles for purposes of testing, repairs, or transporting them from the point of delivery to
the dealer* s place of business and for similar legitimate business purposes; but nothing in
this section shall be construed to allow the use of such tag for private purposes.
(b) The executive director of the department shall promulgate rules for the use of depot
tags and dealer plates, and a violation of such rules shall subject the violator to a suspension
or revocation of the violator's depot tag and dealer plates after a hearing pursuant to article
4 of title 24, C.R.S.
(5) A manufacturer or dealer, upon transferring a motor vehicle, trailer, or semitrailer,
whether by sale, lease, or otherwise, to any person other than a manufacturer or dealer shall
immediately give written notice of such transfer to the department upon the form provided
by the department. Such notice shall contain the date of such transfer, the names and
42-3-116 Vehicles and Traffic Title 42 - page 184
addresses of the transferor and transferee, and such description of the vehicle as may be
required by the department.
(6) (a) (I) An application for a full-use dealer plate may be submitted by a motor
vehicle dealer or wholesaler who:
(A) Has sold more than twenty-five motor vehicles in the twelve-month period pre-
ceding application;
(B) Purchases an existing motor vehicle dealership or wholesale business that has sold
more than twenty-five vehicles during the twelve-month period preceding application; or
(C) Obtains a license to operate a new or used motor vehicle dealership or wholesale
business with an inventory of fifty or more motor vehicles.
(II) Full-use dealer plates may be used in lieu of, in the same manner as, and to the
same extent as number plates issued pursuant to section 42-3-201.
(b) (I) The department shall issue full-use dealer plates upon payment of the fee
specified in subparagraph (H) of this paragraph (b) and upon application of a motor vehicle
dealer or wholesaler accompanied by satisfactory evidence that the applicant is entitled to
the plate in accordance with the criteria established in subparagraph (I) of paragraph (a) of
this subsection (6).
(II) The annual fee for full-use dealer plates shall be established and adjusted annually
by the department based on the average of specific ownership taxes and registration fees
paid for passenger vehicles and light duty trucks that are seven model years old or newer
and that were registered during the one-year period preceding January 1 of each year. Such
annual fee shall be prorated on a monthly basis. The annual fee for full-use dealer plates for
motorcycles shall be established and adjusted annually by the department based on the
average of specific ownership taxes and registration fees paid for motorcycles that are seven
model years old or newer and that were registered during the one-year period preceding
January 1 of each year. Such annual fee for motorcycles shall be prorated on a monthly
basis.
(HI) Full-use dealer plates shall be valid for a period not to exceed one year.
(IV) Each full-use dealer plate shall be returned to the department within ten days after
the sale or closure of a motor vehicle dealership or wholesale business listed in an
application submitted pursuant to subparagraph (I) of this paragraph (b).
(c) Full-use dealer plates may be used only for vehicles owned and offered for sale by
the dealer or wholesaler. Full-use dealer plates shall not be used on vehicles owned by
dealerships or wholesalers that are commonly used by that dealer as tow trucks or vehicles
commonly used by that dealer to pick up or deliver parts. At the dealer's or wholesaler's
discretion, the full-use plate may be transferred from one motor vehicle to another motor
vehicle. The dealer or wholesaler shall not be required to report any such transfer to the
department.
(d) A motor vehicle dealer or wholesaler may assign a full-use dealer plate only to the
following persons:
(I) Owners or co-owners of the licensed dealership or wholesale motor vehicle busi-
ness;
(II) An employee of the motor vehicle dealer or wholesaler;
(HI) To any person, including former, current, and prospective customers, in order to
serve the legitimate business interest of the motor vehicle dealership or motor vehicle
wholesale business; and
(IV) A spouse or dependent child living in the same household as the licensed dealer
or wholesaler.
(e) As used in this subsection (6), "motor vehicle dealer or wholesaler" includes motor
vehicle dealers, used motor vehicle dealers, and wholesalers as those terms are defined in
section 12-6-102 (13), (17), and (18), C.R.S.
(7) (a) A person who sells special mobile machinery in the ordinary course of business
may submit an application for a demonstration plate.
(b) (I) The department shall issue a demonstration plate upon payment of the fee
specified in subparagraph (H) of this paragraph (b) and upon application of a motor vehicle
dealer or wholesaler accompanied by satisfactory evidence that the applicant is entitled to
the plate in accordance with this subsection (7).
Title 42 - page 185 Registration, Taxation, and License Plates
42-3-117
(II) The department shall establish and adjust the annual fee for a demonstration plate
based on the average of specific ownership taxes and registration fees paid for items of
special mobile machinery mat are seven model years old or newer during the previous year.
(HI) A demonstration plate shall be valid for one year.
(IV) The owner of a demonstration plate shall return the plate to the department within
ten days after the sale or closure of the business that sells special mobile machinery in the
ordinary course of business.
(c) No person shall operate special mobile machinery with a demonstration plate unless
the machinery is offered for sale and being demonstrated for the purposes of a sale. The
owner may transfer the plate from one item of special mobile machinery to another and
without reporting the transfer to the department.
(d) A person who violates this subsection (7) commits a class 2 misdemeanor, and shall
be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 2005: Entire article amended with relocations, p. 1099, § 2, effective August
8. L. 2007: (4)(a) amended, p. 30, § 5, effective August 3. L. 2010: (7) added, (HB
10-1172), ch. 320, p. 1490, § 7, effective October 1. L. 2011: (7)(d) amended, (HB
11-1303), ch. 264, p. 1181, § 107, effective August 10.
Editor's note: This section is similar to former § 42-3-127 as it existed prior to 2005.
ANNOTATION
Annotator's note. Since § 42-3-116 is sim-
ilar to § 42-3-127 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing that provision and its predeces-
sors have been included in the annotations to
this section.
Legislative intent in adopting subsection
(1) was to accommodate dealers by not requir-
ing registration of each vehicle in the dealer's
inventory and to permit dealers to operate their
vehicles upon highways with the ease of trans-
ferring one license plate from one vehicle to
another. Dept. of Rev. v. A & A Auto Wrecking,
Inc., 625 P.2d 1021 (Colo. 1981).
There was no violation when a dealer ille-
gally gave a purchaser a dealer plate. The
statute was enacted to collect taxes and not to
protect the public. Liebelt v. Bob Penkhus
Volvo-Mazda, Inc., 961 P.2d 1147 (Colo. App.
1998).
Department may not limit number of
dealer licenses to one dealer. A department of
revenue regulation, limiting the number of
dealer license plates that may be issued to an
automobile dealer, is inconsistent with this sec-
tion and is, therefore, invalid. A & A Auto
Wrecking, Inc. v. Dept of Rev., 43 Colo. App.
85, 602 P.2d 10 (1979).
Dealer may not obtain unlimited number
of plates. Subsection (1) does not provide that a
dealer may obtain an unlimited number of dealer
plates, nor would such an interpretation lead to
a just and reasonable result. Dept of Rev. v. A &
A Auto Wrecking, Inc., 625 P.2d 1021 (Colo.
1981).
Colorado appellate decisions support the
proposition that nondelivery of the certificate
of title to a motor vehicle does not prevent a
change of ownership, and that delivery of pos-
session constitutes a transfer of ownership as
between the parties involved Hall v. Hong
Seung Gee, 725 P.2d 1164 (Colo. App. 1986).
42-3-117. Nonresidents. (1) A nonresident owner, except as otherwise provided in
this section, owning a foreign motor vehicle may operate or permit such vehicle to operate
within this state without registering such vehicle or paying fees so long as the vehicle is
currently registered in the state, country, or other place of which the owner is a resident, and
the motor vehicle displays the number plate or plates issued for such vehicle in the place
of residence of such owner.
(2) An owner or operator of a foreign vehicle operated within this state for the
transportation of persons or property for compensation or for the transportation of mer-
chandise shall register such vehicle and pay the same fees as required for similar vehicles
owned by residents of this state; except that a motor vehicle, truck, semitractor, truck
42-3-118 Vehicles and Traffic Title 42 - page 186
tractor, bus, trailer, or semitrailer registered in a foreign state or country that has a
registration reciprocity agreement with Colorado shall be registered in accordance with
such agreement.
Source: L. 2005: Entire article amended with relocations, p. 1101, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-128 as it existed prior to 2005, and portions
of the former § 42-3-117 were relocated to § 42-3-218.
42-3-118. Registration suspended upon theft - recovery - rules.
(1) Repealed.
(2) (a) After receiving an application for a motor vehicle registration, the department
or its authorized agent shall electronically verify with the department of public safety that
the motor vehicle has not been reported stolen. The department or its authorized agent shall
not register a motor vehicle reported stolen in the system until the vehicle is recovered by
the owner. The department shall promulgate rules setting forth procedures to notify the local
law enforcement agency upon discovery that a person is attempting to register a stolen
motor vehicle.
(b) This subsection (2) is effective July 1, 2009.
Source: L. 2005: Entire article amended with relocations, p. 1102, § 2, effective August
8. L. 2008: Entire section amended, p. 1024, § 1, effective August 5.
Editor's note: (1) This section is similar to former § 42-3-130 as it existed prior to 2005.
(2) Subsection (l)(b) provided for the repeal of subsection (1), effective July 1, 2009. (See L.
2008, p. 1024.)
42-3-119. No application for registration granted - when. ( 1 ) The department shall
not grant an application for the registration of a vehicle in any of the following events:
(a) When the applicant for registration is not entitled thereto under this article;
(b) When the applicant has neglected or refused to furnish the department with the
information required on the appropriate official form or reasonable additional information
required by the department;
(c) When the registration fees required by law have not been paid;
(d) When a certification of emissions control is required pursuant to part 4 of article 4
of this title, and such certification has not been obtained.
Source: L. 2005: Entire article amended with relocations, p. 1102, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-131 as it existed prior to 2005.
42-3-120. Department may cancel or deny registration. (1) The department shall
cancel the registration of any vehicle that the department determines is unsafe or unfit to be
operated or is not equipped as required by law.
(2) The department shall cancel the registration of a vehicle whenever the person to
whom registration number plates have been issued unlawfully uses or permits the unlawful
use of the same.
(3) (a) Upon receiving written notice from the Colorado state patrol that a motor
carrier has failed to timely pay civil penalties imposed in accordance with section 42-4-235
(2), the department shall cancel the registration of any vehicle that is owned by the carrier
and shall deny the registration of any vehicle that is owned by the carrier until the
department receives notice from the Colorado state patrol that the penalty has been paid in
full.
(b) Repealed.
Tide 42 - page 187 Registration, Taxation, and License Plates 42-3-121
(4) (a) Upon receiving written notice from the public utilities commission that a person
has failed to timely pay civil penalties imposed in accordance with section 40-7-113, the
department shall cancel the registration of any vehicle that is owned by the person for which
the penalty was assessed and shall deny the registration of any such vehicle until the
department receives written notice from the public utilities commission that the penalty has
been paid in full.
(b) On or after August 10, 201 1, this subsection (4) applies to all vehicles regardless of
when the vehicles were purchased.
Source: L. 2005: Entire article amended with relocations, p. 1102, § 2, effective August
8. L. 2007: (3) added, p. 857, § 2, effective July 1. L. 2009: (4) added, (HB 09-1230), ch.
232, p. 1068, § 6, effective August 5. L. 2011: (3)(a) and (4) amended, (HB 11-1198), ch.
127, p. 424, § 22, effective August 10.
Editor's note: (1) This section is similar to former § 42-3-132 as it existed prior to 2005.
(2) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2009. (See
L. 2007, p. 857.)
♦
42-3-121. Violation of registration provisions - penalty. (1) It is unlawful to
commit any of the following acts:
(a) To operate or permit the operation, upon a highway, of a motor vehicle subject to
registration under this article or to possess or control a trailer coach or trailer that is not
registered and does not display the number plates issued for such vehicle or trailer coach for
the current year, except for trailer coaches or trailers owned by a licensed dealer or licensed
manufacturer while being held for sale or resale or while operated on the streets or
highways with dealer plates or depot tags authorized pursuant to section 42-3-116;
(b) To display or permit to be displayed, to have in possession, or to offer for sale a
certificate of title, validation tab or sticker, or registration number plate knowing the same
to be fictitious or to have been stolen, cancelled, revoked, suspended, or altered;
(c) To lend to or knowingly permit the use by one not entitled thereto a certificate of
tide, registration card, or registration number plate issued to the lending or permitting
person;
(d) To fail or refuse to surrender to the department, upon demand, a certificate of tide,
registration card, or registration number plate that has been suspended, cancelled, or
revoked;
(e) To use a false name or address, to knowingly make a false statement, or to
knowingly conceal a material fact in an application for the registration, renewal registration,
or duplicate registration of a motor vehicle;
(f) To use or permit the use of a noncommercial or recreational vehicle to transport
cargo or passengers for profit or hire or in a business or commercial enterprise;
(g) To use or permit the use of a truck or truck tractor registered as a collector's item
pursuant to section 42-12-401 (1) (c) to transport cargo or passengers for profit or hire or
in a business or commercial enterprise;
(h) To drive or permit to be driven a truck or truck tractor registered as a collector's
item pursuant to section 42-12-401 (1) (c) for any purpose other than those purposes
allowed in section 42-12-401 (1) (c).
(2) (a) A person who violates paragraph (a) or (c) of subsection (1) of this section
commits a class B traffic infraction.
(b) A person who violates paragraph (b), (d), or (e) of subsection (1) of this section
commits a class 2 misdemeanor traffic offense.
(c) A person who violates paragraph (f) or (g) of subsection (1) of this section commits
a class B traffic infraction.
Source: L. 2005: Entire article amended with relocations, p. 1102, § 2, effective August
8. L. 2008: (l)(a) amended, p. 638, § 3, effective August 5. L. 2011: (l)(g), (l)(h), and
(2)(c) amended, (SB 11-031), ch. 86, p. 243, § 4, effective August 10.
42-3-122 Vehicles and Traffic Title 42 - page 188
Editor's note: This section is similar to former § 42-3-133 as it existed prior to 2005, and the
former § 42-3-121 was relocated to § 42-3-204.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I); for the
penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701 (3)(a)(II).
ANNOTATION
Annotator's note. Since § 42-3-121 is sim- This section does not prohibit altering a
ilartof 42-3-133 as it existed prior to the 2005 temporary license plate; therefore, § 18-5-
amendment to article 3 of tide 42, which re- 102, prohibiting forgery, is the appropriate stat-
sulted in the relocation of provisions, a relevant ute to prosecute persons who alter temporary
case construing that provision has been included license plates. People v. Stansberry, 83 P.3d
in the annotations to this section. 1188 (Colo. App. 2003).
42-3-122. Perjury on a motor vehicle registration application. (1) A person com-
mits perjury on a motor vehicle registration application if such person knowingly makes a
materially false statement, other than those prohibited by sections 18-8-502 and 18-8-503,
C.R.S., on a motor vehicle registration application that such person does not believe to be
true, under an oath required or authorized by law.
(2) Perjury on a motor vehicle registration application is a class 1 petty offense.
Source: L. 2005: Entire article amended with relocations, p. 1104, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-140 as it existed prior to 2005, and the
former § 42-3-122 was relocated to § 42-3-207.
Cross references: For the penalty for a class 1 petty offense, see § 18-1.3-503.
42-3-123. Payment by bad check - recovery of plates. (1) If the registration of a
vehicle required to be registered under this article is procured or perfected by the owner, or
by a person or agent in die owner's behalf, and the registration fee and specific ownership
tax are paid by check, money order, draft, bill of exchange, or other negotiable instrument
that is dishonored and not paid by the person upon whom drawn, the registration shall be
revoked as soon as the dishonored or unpaid instrument is returned to the authorized agent.
Upon the return of such check, money order, draft, bill of exchange, or other negotiable
instrument to the authorized agent, evidencing nonpayment or dishonor of same, the
authorized agent shall notify the owner in writing, at the address appearing on the person's
ownership tax receipt, by registered or certified mail, of the revoked registration resulting
from such nonpayment or dishonor. The notice shall request the return to the authorized
agent of the tax receipt, license fee receipt, and registration number plates issued under such
revoked registration within ten days after the date of mailing of the notice.
(2) If the owner fails to return the tax receipt, license fee receipt, and registration
number plates to the authorized agent within ten days after the date of mailing of said
notice, the authorized agent shall immediately repossess such tax receipt, license fee receipt,
and registration number plates as may have been issued under such revoked registration,
and the county sheriff or the Denver manager of safety, or an equivalent person in the city
and county of Broomfield, upon request by an authorized agent, shall sequester or recover
possession of such receipts and registration number plates within his or her jurisdiction. All
receipts and registration number plates repossessed under this section shall be returned to
the issuing authorized agent. An owner attaching and using registration number plates
acquired under a revoked registration shall be subject to the penalties provided in section
42-3-121.
(3) The authorized agent, upon accounting for repossessed plates, shall receive a refund
of any sum paid over to the county treasurer, or such equivalent position in the city and
county of Broomfield, or to the department, as provided by sections 42-3-304 to 42-3-306,
in each case where an owner or the owner's agent has issued a check, money order, draft,
Title 42 - page 189 Registration, Taxation, and License Plates 42-3-126
bill of exchange, or other negotiable instrument that has been dishonored and not paid by
the person upon whom drawn; and, likewise, the county treasurer, or such equivalent
position in the city and county of Broomfield, and the department making such refund shall
further effect appropriate refunds and deductions as may be necessary to adjust and balance
the books and records of the county treasurer and the department after making the initial
refund to the authorized agent.
Source: L. 2005: Entire article amended with relocations, p. 1104, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-141 as it existed prior to 2005, and the
former § 42-3-123 was relocated to § 42-3-202.
42-3-124. Violation - penalty. A person who violates a provision of this article for
which no other penalty is provided in this article commits a class B traffic infraction and
shall be punished as provided in section 42-4-1701 (3) (a).
Source: L. 2005: Entire article amended with relocations, p. 1105, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-142 as it existed prior to 2005, and portions
of the former § 42-3-124 were relocated to §§ 42-3-114 and 42-3-203.
42-3-125. Fleet operators - registration period certificates - multi-year registra-
tions. (1) (a) The department may issue to a fleet operator, upon application of the fleet
operator, a registration period certificate. Such registration period certificate shall be
presented to the appropriate authorized agent no later than the tenth day of the month in
which registration of any motor vehicle is required by this article. When so presented, the
twelve-month period stated in the registration period certificate shall govern the date on
which registration is required for all fleet vehicles owned or leased by the fleet operator.
(b) Notwithstanding section 42-3-207 (1) (b), the department may promulgate rules to
establish requirements for a fleet operator to register the operator's fleet vehicles and have
them identified by special license plates that do not require an annual validating tab or
sticker. Registration fees payable on fleet vehicles under a multi-year agreement shall not
be discounted below the otherwise applicable annual registration fees.
(2) (a) Vehicles registered by a fleet operator after the issuance of a registration period
certificate or the execution of a multi-year agreement shall be subject to section 42-3-109,
(b) The annual registration fees prescribed in sections 42-3-304 to 42-3-306 for fleet
vehicles shall be reduced by twenty-five percent at the end of each successive quarter of the
registration period that has elapsed prior to making application for the balance of the
registration period.
(3) The fees and taxes for vehicles registered prior to the effective date of the
registration period certificate or multi-year agreement shall be apportioned in the manner
prescribed in subsection (2) of this section.
(4) This section shall not apply to vehicles registered under reciprocal agreements
between the state of Colorado and any foreign country or another state or territory or a
possession of the United States.
Source: L. 2005: Entire article amended with relocations, p. 1105, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-143 as it existed prior to 2005, and the
former § 42-3-125 was repealed in House Bill 05-1107.
42-3-126. Notice - primary body color. (1) If the primary body color of a motor
vehicle is subsequently changed from the primary body color that is identified in the
42-3-127 Vehicles and Traffic Title 42 - page 190
application for registration for the motor vehicle, the owner of the motor vehicle shall notify
the department in writing, within thirty days after the color of such motor vehicle is
changed, of the new primary body color of the motor vehicle. The primary body color of
a motor vehicle shall be identified using the standard color descriptions of the department
that are established pursuant to section 42-3-105 (1) (e).
(2) Any person who violates subsection (1) of this section commits a class B traffic
infraction.
Source: L. 2005: Entire section added, p. 650, § 23, effective May 27; entire article
amended with relocations, p. 1106, § 2, effective August 8. L. 2006: (1) amended, p. 1511,
§ 69, effective June 1.
Editor's note: This section, as enacted by Senate Bill 05-047, was originally numbered as
§ 42-3-145 but was relocated to and harmonized with § 42-3-126 as enacted by House Bill 05-1107.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
42-3-127. Sale of special mobile machinery. A person who sells special mobile
machinery in the ordinary course of business shall notify in writing the buyer of the
machinery that the machinery is required to be registered under this article. A person who
violates this section commits a class B traffic infraction for each item of special mobile
machinery sold without such a notice.
Source: L. 2010: Entire section added, (HB 10-1172), ch. 320, p. 1491, § 8, effective
October 1.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
PART 2
LICENSE PLATES
42-3-201. Number plates furnished - style - periodic reissuance - tabs - rules.
(1) (a) (I) The department shall issue to every owner whose vehicle is registered two
number plates; except that the department shall issue one number plate for the following:
(A) A motorcycle;
(B) A street rod vehicle;
(C) A trailer or semitrailer;
(D) A vehicle drawn by a motor vehicle; or
(E) An item of special mobile machinery.
(II) At the discretion of the executive director of the department, the department may
issue one number plate for any vehicle not listed in subparagraph (I) of this paragraph (a).
(HI) The department may require the return to the department of all number plates upon
termination of the lawful use of such plates by the owner.
(b) (I) The department may issue the number plates required in this section for one or
more registration periods. If the number plates are issued for multi-year use, the department
may issue a validating tab or sticker to indicate the year of registration of the vehicle.
(H) Any validating tab or sticker that evidences the receipt of taxes under this article
may be obtained by the department through normal purchasing procedures and may be
produced and issued by the department through its authorized agents. Such validation tab
or sticker shall be produced in accordance with the minimum specifications of the
department, and such specifications shall reflect, at a minimum, the same quality control
standards employed by the department of corrections in the production of such validation
tab or sticker as those standards existed on January 1, 1999.
(2) Except as provided in subsection (7) of this section, the owner shall display on
every number plate the registration number assigned to the vehicle and owner, the year
number for which it is issued, the month in which it expires, and any other appropriate
Title 42 - page 191 Registration, Taxation, and License Plates
42-3-201
symbol, word, or words designated by the department The department may adopt rules for
the issuance of permanent number plates that do not display the year number for which it
is issued or the month in which it expires. Such plate and the required letters and numerals,
except the year number for which issued, must be of sufficient size to be plainly readable
from a distance of one hundred feet during daylight.
(3) The department shall issue for every passenger motor vehicle, rented without a
driver, the same type of number plates as the type of plates issued for private passenger
vehicles.
(4) The department shall issue, for every noncommercial or recreational vehicle
registered as such pursuant to this article, numbered plates or other insignia of a color or
design different from any other Colorado plates, to be determined by the department, in
order that such numbered plates or other insignia may be plainly recognized at a distance
of at least one hundred feet during daylight.
(5) (a) A new or replacement license plate issued by the department shall, to the extent
that it is practical, have standardized coloring and identifying characters limited to no more
than a total of six numbers and letters; except that such character limitation does not apply
to personalized license plates issued under section 42-3-211.
(b) The department of revenue may require the replacement of any license plate as
necessary to ensure that license plates are legible as required by section 42-3-202 (2).
(6) (a) The department shall promulgate rules that require the destruction, recycling, or
other permanent disposal of license plates that are no longer used to evidence registration
of a motor vehicle and are voluntarily given to the department, an authorized agent, or a
person who receives license plates in the ordinary course of business.
(b) The department, an authorized agent, or a person who receives license plates in the
ordinary course of business shall destroy, recycle, or dispose of a license plate in accordance
with rules promulgated by the department under this subsection (6).
(7) Notwithstanding subsections (1) and (2) of this section, the department shall issue
license plates to a Class A commercial trailer or semitrailer registered in Colorado that do
not contain the month and year the trailer expires, and a validating sticker or tab is not
issued nor required for the license plates.
Source: L. 2005: Entire article amended with relocations, p. 1106, § 2, effective August
8; (5)(b) amended, p. 253, § 1, effective August 8. L. 2008: (6) added, p. 321, § 1,
effective July 1. L. 2010: (l)(a)(I)(E) amended, (HB 10-1172), ch. 320, p. 1491, § 9,
effective October 1. L. 2012: (2) amended and (7) added, (HB 12-1038), ch. 276, p. 1456,
§ 5, effective June 8.
Editor's note: (1) This section is similar to former § 42-3-113 as it existed prior to 2005.
(2) Subsection (5)(b) was originally numbered as § 42-3-1 13 (5)(b), and the amendments to it in
Senate Bill 05-153 were harmonized with § 42-3-201 (5)(b) as it appears in House Bill 05-1107.
(3) Section 9 of chapter 276, Session Laws of Colorado 2012, provides that the act amending
subsection (2) and adding subsection (7) applies to registrations issued, and to applications made, on
or after August 1, 2012.
Cross references: For the legislative declaration in the 2012 act amending subsection (2) and
adding subsection (7), see section 1 of chapter 276, Session Laws of Colorado 2012.
ANNOTATION
Annotator's note. Since § 42-3-201 is sim-
ilar to § 42-3-113 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, a relevant
case construing a former provision similar to
that section has been included in the annotations
to this section.
The provisions of subsection (3) do not
§§ 3, 11, 14, 15, 28 of art II, Colo.
Const Driverless Car Co. v. Armstrong, 91
Colo. 334, 14 P.2d 1098 (1932).
Subsection (3) not unreasonable interfer-
ence with private business. The provisions of
subsection (3), concerning motor vehicles which
refer to driverless car owners, is not an unrea-
sonable interference with a purely private busi-
ness. Driverless Car Co. v. Armstrong, 91 Colo.
334, 14 P.2d 1098 (1932).
42-3-202
Vehicles and Traffic
Title 42 -page 192
42-3-202. Number plates to be attached. (1) (a) Number plates assigned to a
self-propelled vehicle other than a motorcycle or street rod vehicle shall be attached thereto,
one in the front and the other in the rear. The number plate assigned to a motorcycle, street
rod vehicle, trailer, semitrailer, other vehicle drawn by a motor vehicle, or special mobile
machinery shall be attached to the rear thereof. Number plates shall be so displayed during
the current registration year, except as otherwise provided in this article.
(b) If the department issues a validating tab or sticker to a motor vehicle pursuant to
section 42-3-201, the current month validating tab or sticker shall be displayed in the
bottom left corner of the rear license plate. The current year validating tab or sticker shall
be displayed in the bottom right corner of the rear license plate. The tabs or stickers shall
be visible at all times.
(2) (a) Every number plate shall at all times be securely fastened to the vehicle to
which it is assigned, so as to prevent the plate from swinging, and shall be horizontal at a
height not less than twelve inches from the ground, measuring from the bottom of such
plate, in a place and position to be clearly visible, and shall be maintained free from foreign
materials and in a condition to be clearly legible.
(b) A person shall not operate a motor vehicle with an affixed device or a substance that
causes all or a portion of a license plate to be unreadable by a system used to automatically
identify a motor vehicle. Such a device includes, without limitation, a cover that distorts
angular visibility; alters the color of the plate; or is smoked, tinted, scratched, or dirty so as
to impair the legibility of the license plate.
(3) (a) A person who violates any provision of this section commits a class B traffic
infraction.
(b) A person who violates paragraph (b) of subsection (2) of this section commits a
class A traffic infraction and shall be punished by a fine of one hundred dollars.
(4) Notwithstanding subsections (1) to (3) of this section, the owner of a military
vehicle may elect to not display the vehicle' s assigned license plate if the license plate is
physically in the military vehicle and is available for inspection to any peace officer who
requests the plate.
Source: L. 2005: Entire article amended with relocations, p. 1108, § 2, effective August
8. L. 2008: (1) amended, p. 321, § 2, effective July 1. L. 2010: (4) added, (SB 10-075),
ch. 169, p. 597, § 2, effective August 11; (l)(a) amended, (HB 10-1172), ch. 320, p. 1491,
§ 10, effective October 1.
Editor's note: This section is similar to former § 42-3-123 as it existed prior to 2005.
ANNOTATION
Annotator's note. Since § 42-3-202 is sim-
ilar to § 42-3-123 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing that provision and its predeces-
sors have been included in the annotations to
this section.
Where the suspect's license plate was ob-
structed by dirt, in violation of this section, the
troopers had a reasonable suspicion that crimi-
nal activity was occurring. Although after stop-
ping the vehicle, the troopers could see the
plates well enough to discern that they were
current, the continued obstruction of the plate
constituted an ongoing license plate violation
and thus a reasonable purpose for the stop.
Because the troopers had a reasonable suspicion
and a reasonable stop, they properly initiated an
investigatory stop. People v. Altman, 938 P.2d
142 (Colo. 1997).
Applied in People v. Clements, 665 P.2d 624
(Colo. 1983).
42-3-203. Standardized plates - rules. (1) Unless otherwise authorized by statute,
all Class C vehicles shall be issued a single type of standardized license plate. Unless
otherwise authorized by statute, all Class B vehicles, except recreational trucks, shall be
issued a single type of standardized license plate.
(2) An owner who has applied for renewal of registration of a vehicle but who has not
received the number plates or plate for the ensuing registration period may operate or permit
the operation of such vehicle upon the highways, upon displaying the number plates or plate
Title 42 - page 193 Registration, Taxation, and License Plates 42-3-204
issued for the preceding registration period, for such time as determined by the department
as it may find necessary for issuance of such new plates.
(3) (a) (I) The department may issue individual temporary registration number plates,
tags, or certificates good for a period not to exceed sixty days upon application by an owner
of a motor vehicle or the owner's agent and the payment of a registration fee of two dollars,
one dollar and sixty cents to be retained by the authorized agent or department issuing the
plates, tags, or certificates and the remainder to be remitted monthly to the department to
be transmitted to the state treasurer for credit to the highway users tax fund.
(II) The authorized agent may issue individual temporary registration number plates,
tags, or certificates good for a period not to exceed sixty days upon application by an owner
of special mobile machinery or the owner's agent and the payment of a registration fee of
two dollars, one dollar and sixty cents to be retained by the authorized agent or department
issuing the plates, tags, or certificates and the remainder to be remitted monthly to the
department to be transmitted to the state treasurer for credit to the highway users tax fund.
(HI) It is unlawful for a person to use such number plate, tag, or certificate after it
expires. A person who violates any provision of this paragraph (a) commits a class B traffic
infraction.
(b) The department may issue to licensed motor vehicle dealers temporary registration
number plates, tags, or certificates in blocks of twenty-five upon payment of a fee of twelve
dollars and fifty cents for each block of twenty-five, fifty percent thereof to be retained by
the county clerk and recorder and the remainder to be remitted monthly to the department
to be transmitted to the state treasurer for credit to the highway users tax fund and allocation
and expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(c) (I) Subject to subparagraph (HI) of this paragraph (c), the department shall not issue
more than two temporary registration number plates, tags, or certificates per year to a Class
A or Class B motor vehicle.
(H) Beginning July 1 , 2008, the department shall track by vehicle identification number
the number of temporary registration number plates, tags, or certificates issued to a motor
vehicle.
(HI) The department may promulgate rules authorizing the issuance of more man two
temporary registration number plates, tags, or certificates per year if the motor vehicle title
work or hen perfection has caused the need for such issuance.
(4) All or part of the face of the license plates furnished pursuant to this section shall
be coated with a reflective material.
Source: L. 2005: (3 Kb) amended, p. 145, § 20, effective April 5; entire article amended
with relocations, p. 1108, § 2, effective August 8. L. 2007: (3)(c) added, p. 1597, § 2,
effective July 1. L. 2010: (3)(a) amended, (HB 10-1172), ch. 320, p. 1493, § 16, effective
October 1.
Editor's note: (1) This section is similar to former § 42-3-124 as it existed prior to 2005.
(2) Subsection (3)(b) was originally numbered as § 42-3-124 (3Kb), and the amendments to it in
Senate Bill 05-041 were harmonized with § 42-3-203 (3)(b) as it appears in House Bill 05-1107.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
42-3-204. Parking privileges for persons with disabilities - applicability - rules.
(1) As used in this section:
(a) "Disability" or "disabled" means a physical impairment that meets the standards of
23 CFR 1235, which impairment is verified, in writing, by a professional. To be valid, the
verifying professional shall certify to the department that the person meets the standards on
forms published by the department.
(b) "Extended" means a condition that is not expected to change within thirty months
after the issuance of an identifying figure, given the current state of medical or adaptive
technology.
(c) "Identifying figure" means a figure that provides notice that a person is authorized
to use a reserved parking space.
42-3-204 Vehicles and Traffic Title 42 - page 194
(d) 'Identifying license plate" means a license plate bearing an identifying figure.
(e) "Identifying placard" means a placard bearing an identifying figure.
(f) "Permanent" means a condition that is not expected to change within a person's
lifetime, given the current state of medical or adaptive technology.
(g) "Professional" means a physician licensed to practice medicine or practicing
medicine pursuant to section 12-36-106 (3) (i), C.R.S., a physician assistant licensed
pursuant to section 12-36-107.4, C.R.S., a podiatrist licensed under article 32 of title 12,
C.R.S., an advanced practice nurse registered pursuant to section 12-38-111.5, C.R.S., or a
physician, physician assistant, podiatrist, or advanced practice nurse authorized to practice
professionally by another state that shares a common border with Colorado.
(h) "Reserved parking space" means a parking space reserved for a person with a
disability.
(2) (a) A person with a disability may apply to the department for:
(I) An identifying license plate to be supplied at the same cost as a standard plate and
to be displayed as provided in section 42-3-202 on a motor vehicle owned by such person
or that is owned by a trust created for the benefit of and the name of which includes the
name of such person, subject to the following:
(A) An identifying license plate shall be renewed once each year in a manner to be
determined by the department.
(B) The issuance of an identifying license plate to a person with a disability shall not
preclude such person from obtaining an identifying placard.
(C) The verification requirements of paragraph (a) of subsection ( 1 ) of this section shall
be met once every three years.
(II) An identifying placard to be prominently displayed on a motor vehicle used to
transport such person, subject to the following:
(A) The department shall not issue a permanent or extended identifying placard unless
the applicant provides a driver's license or identification card issued pursuant to article 2 of
this title, or a federally issued identification card; except that a parent or guardian of a
person with a disability under sixteen years of age may provide the parent's or guardian's
driver's license or identification card in lieu of the minor with a disability, and a business
entity that transports people with disabilities for hire may provide an employee identifica-
tion number and such other information as required by the department.
(B) An identifying placard valid for more than ninety days shall have the last four digits
of the holder's identification number printed on its face; except that a placard issued for a
person under sixteen years of age may bear the parent's or guardian's identification number
if the parent or guardian provided the identification required by sub-subparagraph (A) of
this subparagraph (II), and, if an entity that transports people with disabilities for hire
obtains a placard, the placard shall bear the true name of the entity providing such service.
If the placard bears the last four digits of the parent's or guardian's identification number,
the placard shall also bear the letter "C" as a designator.
(C) Identifying information about the person with the disability shall be strictly
confidential and only available to law enforcement or to personnel within the department for
official business related to the identifying placard.
(D) When in use, the identifying placard's face shall be legible and visible to any law
enforcement officer or authorized parking enforcement official when viewed from outside
the vehicle.
(E) A holder of an identifying placard shall renew the placard every three years in a
manner to be determined by the department, including renewal by mail.
(F) The holder of an identifying placard shall meet the verification requirements of
paragraph (a) of subsection (1) of this section each time the placard is renewed.
(G) The department shall place an expiration date on an identifying placard using a date
system that removes a portion of the placard to indicate the expiration date. The department
shall affix a validating sticker indicating the expiration date to the placard.
(H) Repealed.
(HI) Disabled veteran special license plates with the identifying figure for a person with
a physical impairment affecting mobility, so long as the person with a disability meets the
eligibility criteria specified in section 42-3-213 (5).
Title 42 - page 195 Registration, Taxation, and License Plates 42-3-204
(b) (Deleted by amendment, L. 2010, (HB 10-1019), ch. 400, p. 1918, § 2, effective
January 1, 2011.)
(c) An identifying license plate or placard shall be issued to a person upon presentation
to the department of a written statement, verified by a professional, that such person has a
disability. The application for an identifying license plate or placard shall be sent to the
department every three years; except that a person who has been issued a disabled veteran
special license plate shall not send an application to the department every year.
(d) (I) An identifying license plate or placard may be revoked by the department upon
receipt of a sworn statement from a peace officer or an authorized parking enforcement
official that the person with a disability has improperly used the privilege defined in section
42-4-1208. The peace officer or authorized parking enforcement official shall include with
the statement the name of the person who misused the license plate or placard and either the
license plate or placard number, the last four digits of the driver* s license or identification
card number printed on the placard, or the true name of the owner printed on the placard.
Upon a first violation of section 42-4-1208, the department shall deny reissuance of such
license plate or placard for a period of one year following the date of revocation. Upon a
second or subsequent violation of section 42-4-1208, the department shall deny reissuance
of such license plate or placard for a period of at least five years after the date of the second
or each subsequent revocation. The department shall provide written notification to the
person with a disability of such revocation, which notification shall contain a demand for
the return of the license plate or placard to the department and a warning that continued use
by any person shall be subject to the penalty set forth in section 42-4-1208 (11).
(II) The department may hold hearings to revoke an identifying license plate or placard.
(HI) A person who fails to return a revoked identifying placard or license plate or who
attempts to obtain an identifying license plate or placard when under revocation pursuant to
this paragraph (d) commits a class B traffic infraction.
(e) Repealed.
(3) (a) The department shall issue a temporary identifying placard to a person who is
temporarily disabled upon presentation of a written statement, verified by a professional,
that such person temporarily meets the definition of a person with a disability.
(b) The department shall issue a temporary identifying placard to a qualifying person
who is a resident of another state and who becomes disabled while in this state. The
department shall not issue the placard unless the applicant provides a driver* s license or
identification card issued pursuant to article 2 of tins title or issued by another state or a
federally issued identification card. The department shall print the last four digits of the
driver* s license number or identification card number on the face of the placard.
(c) A temporary identifying placard is valid until the last day of the month falling ninety
days after the date of issuance and may continually be renewed for additional ninety-day
periods during the term of such disability upon resubmission of such written and verified
statements.
(d) The privileges granted to persons with disabilities apply to temporary identifying
placards issued under mis subsection (3).
(e) Temporary placards issued by states other than Colorado are valid so long as they
are currently valid in the state of issuance and valid pursuant to 23 CFR 1235.
(f) (I) A temporary identifying placard shall have the last four digits of the person's
identification number printed on the placard's face. The department shall place an expira-
tion date on an identifying placard using a date system that removes a portion of the placard
to indicate the expiration date. The department shall affix a validating sticker indicating the
expiration date to the placard.
(II) Repealed.
(4) Upon the filing of an application for issuance or renewal of an identifying license
plate or placard under this section, the department shall make available to the applicant an
informational pamphlet or other informational source developed by the department in
consultation with the Colorado advisory council for persons with disabilities, created in
section 24-45.5-103, C.R.S., that describes the rights and responsibilities of the holders of
such license plates or placards and the parking privileges set forth in section 42-4-1208.
42-3-204 Vehicles and Traffic Title 42 - page 196
(5) (a) An application for an identifying license plate or placard shall contain a notice
of eligibility requirements and penalties for obtaining such license plate or placard when not
eligible. The applicant shall sign the notice affirming knowledge of the information
contained therein.
(b) The department, in consultation with the Colorado advisory council for persons
with disabilities, created in section 24-45.5-103, C.R.S., shall promulgate a rule creating a
form that is signed by a professional, under penalty of perjury, affirming knowledge of the
contents of the notice created in paragraph (a) of this subsection (5) before verifying that
a person has a disability. The form shall contain a notice of the eligibility requirement to
obtain an identifying license plate or placard.
(6) Any person renewing an identifying license plate or placard shall affirm under
penalty of perjury that the person to whom the license plate or placard is issued remains
eligible to use the license plate or placard. The department shall require the person renewing
the plate or placard to submit the person's date of birth and driver's license or identification
card number.
(7) (a) The department shall maintain in its records for three years the registration
information used to issue an identifying license plate or placard, any violations of section
42-4-1208 by the holder, and the application or an electronic or digital reproduction of the
application.
(b) Upon the funds being available and appropriated from the disabled parking edu-
cation and enforcement fund created in section 42-1-226, the department shall provide
immediate electronic access to the records maintained pursuant to paragraph (a) of this
subsection (8) to a peace officer working within the course and scope of the officer's official
duties.
(8) An identifying placard issued in another state or country is not valid for more than
ninety days after the holder becomes a resident of Colorado. A person who applies for an
identifying placard in Colorado shall surrender any currently held identifying placard issued
in another state or country.
Source: L. 2005: (2)(e) amended, p. 145, § 18, effective April 5; entire article amended
with relocations, p. 1109, § 2, effective August 8. L. 2007: (2)(c) amended, p. 1321, § 5,
effective August 3. L. 2008: (2)(e) repealed, p. 195, § 1, effective August 5; (l)(b)(II),
(2)(b), (2)(c), and (3) amended, p. 136, § 29, effective January 1, 2009. L. 2010: (l)(b)(II)
amended, (HB 10-1422), ch. 419, p. 2125, § 185, effective August 11; entire section
amended, (HB 10-1019), ch. 400, p. 1918, § 2, effective January 1, 2011. L. 2011: (l)(g)
amended, (SB 11-195), ch. 195, p. 758, § 1, effective May 23.
Editor's note: (1) This section is similar to former § 42-3-121 as it existed prior to 2005.
(2) Amendments to § 42-3-121 (2)(d) by Senate Bill 05-041 were harmonized with House Bill
05-1107 and relocated to § 42-3-204 (2)(e).
(3) Amendments to subsection (l)(b)(II) by House Bill 10-1422 were superseded by House Bill
10-1019, effective January 1, 2011.
(4) Subsections (2)(a)(B)(H) and (3)(f)(H) provided for the repeal of subsections (2)(a)(II)(H) and
(3)(f)(II), respectively, effective July 1, 2011. (See L. 2010, p. 1918.)
ANNOTATION
Annotator's note. Since § 42-3-204 is sim- Thompson v. Colorado, 29 F. Supp.2d 1226 (D.
ilar to § 42-3-121 as it existed prior to the 2005 Colo. 1998).
amendment to article 3 of title 42, which re- Imposition of removable parking placard
suited in the relocation of provisions, a relevant fee solely upon disabled persons or groups of
case construing that provision has been included disabled persons as a condition of their use of
in the annotations to this section. parking spaces for persons with disabilities is
Fees charged for removable windshield a violation of tide II of the ADA. Thompson v.
placards are within the scope of title II of the Colorado, 29 F. Supp.2d 1226 (D. Colo. 1998).
Americans with Disabilities Act (ADA).
Title 42 - page 197 Registration, Taxation, and License Plates 42-3-207
42-3-205. Substitute plates - waiting period for reissuance of identical combination
of numbers and letters. (1) If a number or personalized license plate issued under this
article becomes lost, stolen, mutilated, or illegible, the person who is entitled thereto shall
immediately apply for a substitute. Such application shall include evidence satisfactory to
the department that such plate is lost, stolen, mutilated, or illegible and payment of the
required fees. If the plate to be replaced is in the possession of the applicant, the plate shall
be surrendered to the department along with the application.
(2) If an application made pursuant to subsection (1) of this section is accompanied by
the personalized plate to be replaced, the department shall reissue a substitute plate bearing
the identical sequential combination of letters and numbers that appears on the original
plate.
Source: L. 2005: Entire article amended with relocations, p. 1112, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-129 as it existed prior to 2005.
42-3-206. Remanufacture of certain license plates. Persons who have been approved
to be issued a license plate before July 1, 2003, pursuant to this section as it existed on July
1, 2003, shall be issued such plate, shall be authorized to continue using such plate, and
shall not be required to pay additional fees beyond the existing taxes and fees imposed for
motor vehicle registration. Such issuance of license plates that contain only two alphabetic
figures and up to four numeric figures shall be issued as personalized license plates pursuant
to section 42-3-211, which are a flat-style license plate. If the same alphanumeric combi-
nation is issued to multiple vehicles, the department shall compare the last four numbers of
the vehicle identification number of the motor vehicles to which such plates are issued and
issue such alphanumeric combination only to the vehicle with the lowest last four numbers.
Source: L. 2005: Entire article amended with relocations, p. 1112, § 2, effective August
Editor's note; This section is similar to former § 42-3-113.5 as it existed prior to 2005.
42-3-207. Special plates - rules - new plates - retirement (1) (a) Neither the
department nor an authorized agent of the department shall collect any fee for the privilege
of using a special plate unless such fee is expressly authorized by statute. The department
or an authorized agent of the department shall not transfer money collected for the privilege
of using a special plate unless such transfer is expressly authorized by statute.
(b) (I) A special license plate shall not be issued pursuant to this section unless such
license plate was approved prior to January 1, 2001.
(II) Special license plates that have been approved pursuant to this section shall be
retired, effective March 1, 2008, unless such plates are issued for at least three thousand
vehicles. The executive director of the department shall promulgate rules to provide
standards for the retirement of special license plates not issued for at least three thousand
vehicles.
(2) Repealed.
(3) The department shall not issue an approval notification letter to any business entity
conducted for profit.
(4) The amount of taxes and fees for special license plates issued pursuant to this
section shall be the same as the amount of taxes and fees specified for regular motor vehicle
registration plus an additional one-time fee of twenty-five dollars. The additional fee shall
be transmitted to the state treasurer, who shall credit the same to the highway users tax fund
for allocation and expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(5) Before seeking legislative action to authorize a new group special license plate, the
nonprofit organization requesting the new plate shall obtain, from the director of the
42-3-208 Vehicles and Traffic Title 42 - page 198
department of revenue, written notification that the group has complied with the require-
ments for a group special license plate.
(6) The department shall verify that the nonprofit organization proposing a group
special license plate has collected the signatures of at least three thousand persons
committed to purchasing the proposed license plate.
(7) The remaining inventory of any group special license plate or alumni association
license plate that has not been issued to the minimum number of vehicles specified in law
may continue to be issued until the inventory of the plates is exhausted.
Source: L. 2005: (4) amended, p. 145, § 19, effective April 5; entire article amended
with relocations, p. 1113, § 2, effective August 8. L. 2007: (l)(b)(II) amended, p. 1986,
§ 1, effective June 1. L. 2011: (2) amended, (HB 11-1236), ch. 98, p. 286, § 1, effective
April 8. L. 2012: (2) repealed, (3) amended, and (5), (6), and (7) added, (SB 12-007), ch.
88, p. 288, § 1, effective April 6.
Editor's note: (1) This section is similar to former § 42-3-122 as it existed prior to 2005.
(2) Subsection (4) was originally numbered as § 42-3-122 (4), and the amendments to it in Senate
Bill 05-041 were harmonized with § 42-3-207 (4) as it appears in House Bill 05-1107.
42-3-208. Special plates - qualifications for issuance of special license plates.
(1) The following special license plates created by rule by the department under section
42-3-207, as such section existed when the plates were created, shall be subject to the
requirement so specified:
(a) Repealed.
(b) The department or an authorized agent shall not issue a raptor education special
license plate to an applicant until such applicant has provided to the department or an
authorized agent sufficient evidence to demonstrate that the applicant is a member in good
standing of the raptor education foundation and qualified by such foundation to receive a
special license plate or the applicant is a member of the rocky mountain raptor program and
qualified by such program to receive a special license plate.
(c) (Deleted by amendment, L. 2008, p. 228, § 1, effective August 5, 2008.)
(d) Repealed.
(2) (Deleted by amendment, L. 2008, p. 228, § 1, effective August 5, 2008.)
(3) Special license plates subject to the requirements of this section shall be retired,
effective January 1, 2009, unless such plates are issued to at least three thousand vehicles.
Source: L. 2005: Entire article amended with relocations, p. 1113, § 2, effective August
8. L. 2007: IP(1) amended, p. 1574, § 10, effective July 1. L. 2008: (l)(c) and (2)
amended and (3) added, p. 228, § 1, effective August 5. L. 2009: (l)(b) amended, (SB
09-175), ch. 226, p. 1027, § 1, effective July 1. L. 2012: (l)(a) and (l)(d) repealed, (SB
12-007), ch. 88, p. 289, § 2, effective April 6.
Editor's note: This section is similar to former § 42-3-117.5 as it existed prior to 2005.
42-3-209. Legislative license plates. (1) Upon the application of the owner of a
passenger car, truck, or trailer classified as Class B or Class C personal property, as defined
in section 42-3-106, or the duly authorized agent of such owner showing that such owner
is a member of congress from the state of Colorado, the department may assign to such
owner registration plates bearing a number together with appropriate words or letters
indicating that such owner is a member of the congress of the United States, and a separate
number series shall be used to further identify such license plates. Said license plates shall
not be issued by the counties but shall be issued directly by the department.
(2) Upon application of an owner of either a passenger car or a truck not over sixteen
thousand pounds empty weight showing that such owner is a member of the general
assembly of the state of Colorado, the department may assign to such owner, in lieu of the
distinct registration number specified in section 42-3-113 (1) (a), registration plates bearing
Title 42 - page 199 Registration, Taxation, and License Plates 42-3-21 1
a number together with appropriate words or letters indicating that such owner is a member
of the general assembly of the state of Colorado and a separate number series, based on
senatorial and representative districts, to further identify such license plates.
Source: L. 2005: Entire article amended with relocations, p. 1114, § 2, effective August
8.
Editor's note: This section is similar to former §§ 42-3-1 12 and 42-3-124 as they existed prior to
2005.
42-3-210. Radio and television license plates. (1) A person who is the holder of a
valid renewable amateur radio, standard radio, FM, or television license issued by the
federal communications commission shall, upon application and payment of the additional
registration fee prescribed in subsection (4) of this section, be entitled to have passenger
cars or trucks that do not exceed sixteen thousand pounds empty weight registered under the
call sign letters assigned to such station by said commission and shall be furnished license
plates bearing such call sign letters in lieu of the distinct registration number specified in
section 42-3-113.
(2) A holder of an amateur radio license shall not be entitled to purchase more than one
set of such special license plates for a registration period. A holder of a standard radio, FM,
or television license shall not be entitled to purchase more than ten sets of such special
license plates for a registration period.
(3) Such special registration and license plates shall be valid until the end of the
registration period and may be renewed for the same term as any other renewal of
registration upon application and payment of the prescribed registration fee so long as the
holder of such radio or television license is licensed by the federal communications
commission.
(4) An additional fee of two dollars shall be collected for each vehicle annually
registered that is furnished amateur radio call plates, and an additional fee of five dollars
shall be collected for each vehicle annually registered that is furnished standard radio, FM,
and television call plates.
Source: L. 2005: Entire article amended with relocations, p. 1115, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-112 as it existed prior to 2005.
42-3-211. Issuance of personalized plates authorized. (1) The department may
issue personalized license plates for motor vehicles in accordance with this section.
(2) (a) "Personalized license plates", as used in this section, means license plates that
have displayed upon them the registration number assigned to the motor vehicle for which
such registration number was issued in a combination of letters or numbers requested by the
owner of the vehicle, subject to the limitations of this section.
(b) "Personalized license plates*', as used in this section, includes special license plates
that bear the words "street rod" and that may be issued only to a street rod vehicle.
(3) (a) Personalized license plates shall be the same color and design as regular motor
vehicle license plates, shall consist of any combination of numbers or letters not exceeding
seven positions and not less than two positions except as otherwise provided in section
42-1-406 (2), and shall not conflict with existing passenger, commercial, trailer, motorcycle,
or other special license plates series; except mat personalized license plates bearing the
words "street rod" shall be of a design determined by the executive director of the
department, which design shall be different from those used by the state for regular motor
vehicle license plates.
(b) If number plates issued for vehicles include the county of vehicle registration, a
vehicle owner shall have the option of obtaining a personalized license plate that does not
include such county designation.
42-3-21 1 Vehicles and Traffic Title 42 - page 200
(4) Any person who is the registered owner of a motor vehicle registered with the
department or who applies to register a motor vehicle or renew personalized license
registration of a motor vehicle, upon payment of the fee prescribed in subsection (6) of this
section, may apply to the department for personalized license plates in the manner
prescribed in this section. Personalized license plates shall be issued for the annual
registration period immediately following the year in which the application is made.
(5) An applicant for issuance of personalized license plates or renewal of such plates
shall apply in such form and by such date as the department may require, indicating thereon
the combination of letters or numbers requested as a registration number. There shall be no
duplication of registration numbers, and the department may refuse to issue any combina-
tion of letters or numbers that carry connotations offensive to good taste and decency, are
misleading, or duplicate any other license plates provided for in this article.
(6) (a) A fee of thirty-five dollars shall be charged in addition to the registration fee
normally due upon the vehicle for the issuance of the same number of personalized license
plates for a vehicle as are specified in section 42-3-201 for the issuance of number plates.
Upon reissuance of the same personalized license plates in subsequent years, the additional
fee shall be twenty-five dollars. Such fee shall be due upon the original issuance or
reissuance of personalized license plates other than a renewal of registration under
paragraph (b) of this subsection (6).
(b) The department may provide for renewals of personalized license plates whereby
such plates are retained by the applicant in subsequent years upon the payment, in addition
to the normal registration fee, of an annual renewal fee of twenty-five dollars for which the
department shall provide a distinctive tag or insignia to be affixed to such plates to signify
that such vehicle has been properly registered for the year for which such license plate was
renewed.
(c) The fee for transferring previously issued personalized license plates to another
vehicle shall be twelve dollars in addition to other applicable fees.
(d) A person who fails to apply for the renewal or transfer of issued personalized
license plates according to subsection (5) of this section shall lose the priority right to use
the combination of letters or numbers displayed on the personalized license plates.
(e) Notwithstanding paragraphs (a) to (d) of this subsection (6), in lieu of such fees, the
fee for a license plate that contains only two alphabetic figures and up to four numeric
figures shall be the actual cost of issuing such plate.
(7) All applications for special registration of motor vehicles shall be made directly to
the department, and shall be administered by the department. All fees received from special
registrations shall be credited to the highway users tax fund created in section 43-4-201,
C.R.S., and allocated and expended as specified in section 43-4-205 (5.5) (b), C.R.S.; except
that two dollars of each such special registration fee collected pursuant to paragraphs (a) to
(d) of subsection (6) of this section shall be remitted to the county general fund.
(8) The executive director of the department may prepare any special forms and issue
any rules necessary to implement this section.
(9) (a) A person who has been issued personalized license plates may retain the unique
combination of letters or numbers of such plate, notwithstanding that the person no longer
has a registered motor vehicle, if the person pays an annual fee of twenty-five dollars, which
shall be transferred to the highway users tax fund.
(b) This subsection (9) shall not be construed to authorize a person to reserve license
plates for which no motor vehicle has ever been registered according to this article. This
subsection (9) shall not be construed to require the department to send a renewal notice to
the person who retains the unique combination of letters or numbers.
Source: L. 2005: (9) amended, p. 143, § 10, effective April 5, (9) further amended and
relocated to (7), p. 1185, § 40, effective August 8; (9) added, p. 194, § 1, effective April
7; entire article amended with relocations, p. 1115, § 2, effective August 8. L. 2012: (3)(a)
amended, (SB 12-170), ch. 207, p. 820, § 2, effective August 8.
Editor's note: (1) This section is similar to former § 42-3-114 as it existed prior to 2005.
Title 42 - page 201 Registration, Taxation, and License Plates 42-3-213
(2) Section 43 of chapter 270 provides that section 40 of that chapter, which amends § 42-3-114
(9) as amended by section 10 of Senate Bill 05-041 and relocates it to § 42-3-211 (7), shall supersede
§ 42-3-211 (7) as contained in section 2 of chapter 270 and shall take effect on August 8, 2005.
(3) Subsection (9) was originally numbered as § 42-3-114 (12), and the enactment of it in House
Bill 05-1068 was harmonized with § 42-3-211 (9) as it appears in House Bill 05-1107.
42-3-212. Issuance of optional plates authorized - retirement (1) The department
may issue optional license plates for passenger cars or trucks not over sixteen thousand
pounds empty weight.
(2) Optional license plates shall have a background consisting of a graphic design
representing the state flag of Colorado and shall consist of numbers or letters approved in
accordance with rules of the department.
(3) An applicant may apply for personalized optional license plates. If the applicant
complies with section 42-3-211, the department may issue such plates upon payment of the
additional fee required by section 42-3-211 (6) for personalized license plates. If the
applicant has existing personalized license plates for a motor vehicle, the applicant may
transfer the combination of letters or numbers to a new set of optional license plates for the
vehicle upon paying the fee imposed by section 42-3-211 (6) (a) and upon turning in such
existing plates to the department as required by the department. A person who has obtained
personalized optional license plates under this subsection (3) shall pay the annual fee
imposed by section 42-3-211 (6) (b) to renew such plates. The fees imposed by this
subsection (3) shall be in addition to all other taxes and fees imposed for optional license
plates.
(4) The amount of the taxes and fees for optional license plates shall be the same as the
amount of the taxes and fees specified for regular motor vehicle plates plus an additional
annual fee of twenty-five dollars. The additional fee shall be transmitted to the state
treasurer, who shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(5) All applications for optional license plates shall be made directly to the department.
(6) The executive director of the department may prepare any special forms and issue
any rules necessary to implement this section.
(7) The optional license plates authorized by this section shall be retired unless such
plates have been issued for at least three thousand vehicles by July 1, 2007.
Source: L. 2005: (4)(a) amended, p. 143, § 11, effective April 5; entire article amended
with relocations, p. 1117, § 2, effective August 8.
Editor's note: (1) This section is similar to former § 42-3-115 as it existed prior to 2005.
(2) Subsection (4) was originally numbered as § 42-3-115 (4)(a), and the amendments to it in
Senate Bill 05-041 were harmonized with § 42-3-212 (4) as it appears in House Bill 05-1107.
42-3-213. Special plates - military veterans - rules - retirement (1) (a) The
department shall issue one or more sets of special license plates to the following persons
who own a truck that does not exceed sixteen thousand pounds empty weight, a passenger
car, a motorcycle, or a noncommercial or recreational vehicle:
(I) A recipient of the purple heart;
(II) A former prisoner of war;
(HI) An honorably discharged or retired veteran of the armed forces of the United
States;
(IV) A disabled veteran of the armed forces of the United States;
(V) A survivor of the attack on Pearl Harbor;
(VI) A recipient of the medal of honor;
(VII) An honorably discharged, retired, reserve, or active member of the United States
Marine Corps;
(Vm) A veteran of the Korean war,
(IX) A recipient of a military award for valor;
(X) A veteran of the Vietnam war;
42-3-213 Vehicles and Traffic Title 42 - page 202
(XI) An honorably discharged, retired, reserve, or active member of the United States
Army;
(XII) Effective July 1, 2006, an honorably discharged, retired, reserve, or active
member of the United States Navy;
(Xm) A recipient of a bronze star medal;
(XIV) The current or past spouse, child, sibling, grandparent, or parent of a person who
died in the line of duty while serving in the armed forces and deployed to a combat zone;
(XV) An honorably discharged, retired, reserve, auxiliary, or active member of the
United States Coast Guard;
(XVI) A serving member or honorably discharged or retired member of any component
of the United States Air Force;
(XVH) An honorably discharged, retired, reserve, or active member of the special
forces of the United States armed forces;
(XVIH) A person who supports the North American aerospace defense command;
(XIX) On or after January 1, 2009, a person who supports the United States Army
fourth infantry division;
(XX) A veteran of the Afghanistan war;
(XXI) A veteran of the Iraq war;
(XXII) A veteran of world war II;
(XXIII) A veteran of operation desert shield or desert storm; or
(XXIV) A recipient of the distinguished flying cross.
(b) (I) Except as provided in subparagraph (H) of this paragraph (b), the amount of
taxes and fees for special license plates issued pursuant to this section shall be the same as
that specified for regular motor vehicle registration plus an additional one-time issuance or
replacement fee. The additional one-time fee shall be twenty-five dollars and shall be
transmitted to the state treasurer, who shall credit the same to the highway users tax fund
for allocation and expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(II) Notwithstanding subparagraph (I) of this paragraph (b):
(A) No fee shall be charged for one set of prisoner of war special license plates issued
pursuant to subsection (3) of this section for a passenger car, a truck, a motorcycle, or a
noncommercial or recreational vehicle.
(B) No fee shall be charged for one set of disabled veteran special license plates issued
pursuant to subsection (5) of this section for a passenger car, a truck, a motorcycle, or a
noncommercial or recreational vehicle.
(C) No fee shall be charged for one set of medal of honor special license plates issued
pursuant to subsection (7) of this section for a passenger car, a truck, a motorcycle, or a
noncommercial or recreational vehicle.
(D) No fee shall be charged for one set of purple heart special license plates issued
pursuant to subsection (2) of this section.
(E) No fee shall be charged for one set of military valor special license plates issued
pursuant to subsection (10) of this section.
(F) No fee shall be charged for one set of survivors of the attack on Pearl Harbor special
license plates issued pursuant to subsection (6) of this section.
(G) The one-time issuance fee imposed pursuant to subparagraph (I) of this paragraph
(b) shall not be charged for one set, per applicant, of fallen service member special license
plates issued pursuant to subsection (15) of this section.
(H) The department shall not charge the one-time issuance fee imposed pursuant to
subparagraph (I) of this paragraph (b) for one set, per applicant, of world war II special
license plates issued pursuant to subsection (23) of this section.
(HI) Except as provided in subparagraphs (IV) and (V) of this paragraph (b), the fees
collected pursuant to this paragraph (b) shall be transmitted to the state treasurer, who shall
credit the fees to the highway users tax fund. i
(IV) One dollar of each additional fee collected from purchasers of special license
plates issued pursuant to subsections (4) and (5) of this section shall be retained by the
authorized agent, and one dollar and fifteen cents of each such additional fee shall be
credited to the special purpose account established under section 42-1-211.
Title 42 - page 203 Registration, Taxation, and License Plates 42-3-213
(V) One dollar of each additional fee collected from purchasers of special license plates
issued pursuant to subsection (8) of this section shall be retained by the authorized agent.
(c) All applications for the special license plates described in this section shall be made
directly to the department and shall include such information as the department may require.
(d) The executive director of the department may prepare such special forms and issue
such rules as may be necessary to carry out the provisions of this section.
(e) Notwithstanding the weight limitation imposed by paragraph (a) of this subsection
(1), a natural person eligible for a military veteran special license plate issued pursuant to
this section may apply for such a license plate for a motor home, as defined in section
42-1-102 (57), upon the payment of the fees or taxes required by this article.
(f) A person who meets the conditions stated in subparagraph (XIV) of paragraph (a)
of this subsection (1) is authorized to be issued a fallen service member special license
plate. Except as provided by sub-subparagraph (G) of subparagraph (II) of paragraph (b) of
this subsection (1), this paragraph (f) shall not be construed to authorize the spouse, child,
sibling, grandparent, or parent to receive a license plate without paying the applicable fees
or if such plate signifies more than that the deceased served in a branch of the armed forces.
(g) The department shall issue a special license plate authorized pursuant to this section
for a motor vehicle owned by a trust if:
(1) The trust is created for the benefit of a natural person who is qualified to receive the
special license plate under paragraph (a) of this subsection (1); and
(II) The trust name includes a natural person who is qualified to receive the special
license plate under paragraph (a) of this subsection (1).
(2) Recipient of a purple heart (a) The purple heart special license plate shall be
designed to indicate that an owner of a motor vehicle to which such license plate is attached
is a recipient of the purple heart.
(b) A natural person who has been awarded a purple heart for wounds received in
combat at the hands of an enemy of the United States may use a purple heart special license
plate. When applying for such a license plate, the applicant shall submit to the department
a letter of verification from the appropriate branch of the armed forces of the United States
that the applicant has been awarded a purple heart.
(3) Former prisoner of war. (a) The former prisoner of war special license plate
shall be designed to indicate that an owner of a motor vehicle to which such license plate
is attached is a former prisoner of war.
(b) A natural person who, while serving in the armed forces of the United States, was
incarcerated by an enemy of the United States during a period of conflict with the United
States may use the former prisoner of war special license plate.
(c) If a deceased former prisoner of war was authorized under this section to use a
former prisoner of war special license plate, the surviving spouse of such former prisoner
of war may apply to the department to retain any set or sets of such special plates that such
former prisoner of war had obtained. Such surviving spouse shall be eligible to use such
special plates upon the payment of any fees or taxes required by this article.
(4) Honorably discharged or retired veteran of the U.S. armed forces, (a) The
veteran of the United States armed forces special license plate shall indicate that an owner
of a motor vehicle to which such plate is attached is a veteran of the armed forces of the
United States.
(b) A natural person who has received an honorable discharge or is retired from a
branch of the armed services of the United States may use a veteran of the United States
armed forces special license plate. When applying for such a license plate, an applicant shall
submit as proof of honorable discharge either a department of defense form 214 or an
honorable discharge from an armed forces branch of the United States.
(5) Disabled veterans, (a) (I) The disabled veteran special license plate shall indi-
cate that the owner of the motor vehicle to which such license plate is attached is a disabled
veteran of the United States armed forces.
(II) In addition to the requirements of subparagraph (I) of this paragraph (a), if the
applicant demonstrates that he or she has a physical impairment affecting mobility under the
standards provided in section 42-3-204 (1), then such special license plate shall have an
42-3-213 Vehicles and Traffic Title 42 - page 204
additional identifying figure, as determined by the department, to indicate that the owner of
the vehicle is authorized to make use of parking privileges for persons with disabilities.
(b) A natural person who has received an honorable discharge from a branch of the
armed services of the United States and meets the requirements of section 42-3-304 (3) (a)
may use a disabled veteran special license plate. When applying for such a license plate, the
applicant shall submit proof of honorable discharge from an armed forces branch of the
United States.
(c) License plates qualifying for the exemption granted in sub-subparagraph (B) of
subparagraph (II) of paragraph (b) of subsection (1) of this section shall be issued only by
the department and shall bear the inscription "D.V.", and a separate number series shall be
used for such license plates. Additional license plates bearing such inscription may be
issued by the department to eligible persons upon the payment of any fees or taxes required
by this article.
(6) Survivors of the attack on Pearl Harbor, (a) The survivors of the attack on
Pearl Harbor special license plates shall be designed to indicate that the owner of the motor
vehicle to which such license plates are attached is a survivor of the attack on Pearl Harbor.
(b) Any natural person may use a survivors of the attack on Pearl Harbor special license
plate if such person:
(I) Was a member of the United States armed forces on December 7, 1941;
(II) Was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m.
Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three
miles therefrom;
(HI) Received an honorable discharge from the United States armed forces; and
(IV) Holds a current membership in a national organization of survivors of the attack
on Pearl Harbor.
(7) Recipient of a medal of honor, (a) The department shall design the medal of
honor special license plate to indicate that an owner of a motor vehicle to which such
license plate is attached is a recipient of the medal of honor.
(b) A natural person who has been awarded a medal of honor may use a medal of honor
special license plate. When applying for such a license plate, the applicant shall submit to
the department a letter of verification from the appropriate branch of the armed forces of the
United States that the applicant has been awarded a medal of honor.
(8) Honorably discharged, retired veteran, or active member of the U.S. Marine
Corps, (a) The United States Marine Corps special license plate shall indicate that an
owner of a motor vehicle to which such plate is attached is a veteran, reserve member, or
an active member of the United States Marine Corps.
(b) A natural person who has received an honorable discharge, is retired, or is an active
or reserve member of the United States Marine Corps may use a United States Marine
Corps special license plate. When applying for such a license plate, an applicant shall
submit proof of an honorable discharge or proof that the applicant is currently an active or
reserve member of the United States Marine Corps.
(9) Veteran of the Korean war. (a) The veteran of the Korean war special license
plate shall be designed to indicate that the owner of the motor vehicle to which such license
plate is attached is a veteran of the Korean war.
(b) A natural person may use a veteran of the Korean war special license plate if such
person was a member of the United States armed forces between June 27, 1950, and January
31, 1955.
(10) Recipient of a military valor award, (a) The military valor special license plate
shall be designed to indicate that an owner of a motor vehicle bearing such license plate has
received a military award for valor.
(b) A natural person who has been awarded a military award for valor may use a
military valor special license plate. When applying for such a license plate, the applicant
shall submit to the department a copy of the military order awarding the military award for
valor.
(c) For the purposes of this section, "military award for valor" or "military valor
award" means the following awards:
(I) Navy cross;
Title 42 - page 205 Registration, Taxation, and License Plates 42-3-213
(II) Distinguished service cross;
(HI) Air Force cross; or
(IV) Silver star.
(11) Veteran of the Vietnam war. (a) The veteran of the Vietnam war special license
plate shall be designed to indicate that the owner of the motor vehicle to which such license
plate is attached is a veteran of the Vietnam war.
(b) A natural person may use a veteran of the Vietnam war special license plate if such
person was a member of the United States armed services between August 7, 1964, and
January 27, 1973.
(c) The department or an authorized agent shall not issue a veteran of the Vietnam war
special license plate to an applicant until the applicant provides a DD214 form issued by the
United States government or other evidence sufficient to demonstrate that the applicant is
a veteran of the armed services who served between August 7, 1964, and January 27, 1973.
(12) Honorably discharged, retired veteran, reserve, or active member of the
United States Army, (a) The United States Army special license plate shall be designed
to indicate that the owner of the motor vehicle to which such license plate is attached is an
honorably discharged, retired, reserve, or active member of the United States Army.
(b) A natural person may use a United States Army special license plate if such person
is an honorably discharged, retired, reserve, or active member of the United States Army.
(c) The department or an authorized agent shall not issue an United States Army special
License plate to an applicant until the applicant provides a DD214 form issued by the United
States government or other evidence sufficient to demonstrate that the applicant is an
honorably discharged, retired, reserve, or active member of the United States Army.
(d) Repealed.
(13) Honorably discharged, retired veteran, or active member of the United States
Navy, (a) The United States Navy special license plate shall indicate that an owner of a
motor vehicle to which such plate is attached is a veteran, a reserve member, or an active
member of the United States Navy.
(b) A natural person who has received an honorable discharge, is retired, or is an active
or reserve member of the United States Navy shall be authorized to use a United States
Navy special license plate. When applying for such a license plate, an applicant shall submit
a DD214 form issued by the United States government or other evidence sufficient to
demonstrate that the applicant has an honorable discharge or proof that the applicant is
currently an active or reserve member of the United States Navy.
(c) This subsection (13) shall take effect July 1, 2006.
(14) Recipient of a bronze star medal, (a) The bronze star special license plate shall
be designed to indicate that an owner of a motor vehicle bearing such license plate has
received a bronze star medal. The bronze star for valor license plate shall be designed to
indicate that an owner of a motor vehicle bearing such license plate has received the bronze
star medal with the "V" for valor distinction.
(b) On or after January 1, 2007, a natural person who has been awarded a bronze star
may use a bronze star special license plate. A natural person who has been awarded a bronze
star with the " V" for valor distinction may use a bronze star for valor special license plate.
When applying for such a license plate, the applicant shall submit to the department a copy
of the military order awarding the bronze star and a DD214 form issued by the United States
government showing that the award was received by the applicant.
(15) Fallen service member special license plate, (a) The fallen service member
special license plate shall be designed to indicate mat the owner of the motor vehicle to
which the plate is attached is a family member of a person who died in the line of duty while
serving in the armed forces and deployed to a combat zone. The plate shall bear the word
"fallen" and the title of a person who serves in the branch of the armed forces in which the
deceased served.
(b) A person who meets the conditions stated in subparagraph (XIV) of paragraph (a)
of subsection (1) of this section may use a fallen service member special license plate. The
department or an authorized agent shall not issue a fallen service member special license
plate to an applicant until the applicant provides a DD214 form issued by the United States
42-3-213 Vehicles and Traffic Title 42 - page 206
government and other evidence sufficient to demonstrate that the applicant is qualified to be
issued the plate as determined by the department.
(16) Honorably discharged, retired veteran, auxiliary, or active member of the
United States Coast Guard, (a) The United States Coast Guard special license plate shall
indicate that an owner of a motor vehicle to which such plate is attached is a veteran, a
reserve member, an auxiliary member, or an active member of the United States Coast
Guard.
(b) On or after January 1, 2008, a natural person who has received an honorable
discharge, is retired, or is an active, auxiliary, or reserve member of the United States Coast
Guard shall be authorized to use a United States Coast Guard special license plate.
(c) When applying for such a license plate, an applicant shall submit a DD214 form
issued by the United States government or other evidence sufficient to demonstrate that the
applicant has an honorable discharge or proof that the applicant is currently an active,
auxiliary, or reserve member of the United States Coast Guard.
(17) Honorably discharged, retired veteran, or active member of the United States
Air Force, (a) Beginning January 1, 2008, the United States Air Force special license
plate shall indicate mat an owner of a motor vehicle to which such plate is attached is a
veteran, reserve member, or active member of the United States Air Force.
(b) A natural person who has received an honorable discharge, is retired, or is an active
or reserve member of any component of the United States Air Force shall be authorized to
use a United States Air Force special license plate.
(c) When applying for such a license plate, an applicant shall submit a DD214 form
issued by the United States government or other evidence sufficient to demonstrate that the
applicant is a veteran, reserve member, or active member of any component of the United
States Air Force.
(18) Honorably discharged, retired veteran, or active member of the United States
Army special forces, (a) The United States Army special forces license plate shall
indicate that an owner of a motor vehicle to which such plate is attached is a veteran, a
reserve member, or an active member of the special forces of the United States Army.
(b) Beginning January 1, 2008, a natural person who has received an honorable
discharge or is an active or reserve member of the United States Army special forces may
use a United States Army special forces license plate. When applying for such a license
plate, an applicant shall submit:
(I) Proof of an honorable discharge or retirement or proof that the applicant is currently
an active or reserve member of the United States Army special forces;
(II) Orders or a DD214 form that shows an awarded prefix "3'* or suffix "S" or a
designation of "5G", 18/180 series MOS, special forces tab, OSS, or UNPIK-8240.
(19) North American aerospace defense command commemorative special license
plate, (a) The North American aerospace defense command commemorative special
license plate shall be designed to indicate that the owner of the motor vehicle to which the
license plate is attached wishes to commemorate the North American aerospace defense
command's fiftieth anniversary.
(b) The department shall issue North American aerospace defense command commem-
orative special license plates until January 1, 2010, or when the available inventory is
depleted, whichever is later. This paragraph (b) shall not be deemed to prohibit the use of
the plate after January 1, 2010, nor to require the plate to be recalled by the department.
(20) Honorably discharged, retired veteran, reserve, or active member of the
United States Army - fourth infantry division. The United States Army fourth infantry
division special license plate shall be designed to indicate that the owner of the motor
vehicle to which such license plate is attached supports the United States Army fourth
infantry division.
(2 1 ) Veteran of the Afghanistan war. (a) The veteran of the Afghanistan war special
license plate shall be designed to indicate that the owner of the motor vehicle to which such
license plate is attached is a veteran of the Afghanistan war.
(b) Effective January 1, 2011, a natural person may use a veteran of the Afghanistan
war special license plate if such person was a member of the United States armed services
between October 7, 2001, and the end of the conflict.
Tide 42 - page 207 Registration, Taxation, and License Plates 42-3-213
(c) The department or an authorized agent shall not issue a veteran of the Afghanistan
war special license plate to an applicant until the applicant provides a DD214 form issued
by the United States government or other evidence sufficient to demonstrate that the
applicant is a veteran of the armed services who served between October 7, 2001, and the
end of the conflict.
(22) Veteran of the Iraq war. (a) The veteran of the Iraq war special license plate
shall be designed to indicate mat the owner of the motor vehicle to which such license plate
is attached is a veteran of the Iraq war.
(b) Effective January 1 , 201 1 , a natural person may use a veteran of the Iraq war special
license plate if such person was a member of the United States armed services between
March 20, 2003, and the end of the conflict
(c) The department or an authorized agent shall not issue a veteran of the Iraq war
special license plate to an applicant until the applicant provides a DD214 form issued by the
United States government or other evidence sufficient to demonstrate that the applicant is
a veteran of the armed services who served between March 20, 2003, and the end of the
conflict.
(23) Veteran of world war II. (a) The department shall design the veteran of world
war II special license plate to indicate that the owner of the motor vehicle to which the
license plate is attached is a veteran of world war n.
(b) Effective January 1, 2012, a natural person may use a world war II special license
plate if the person was a member of the United States armed services between September
16, 1940, and July 25, 1947.
(c) The department or an authorized agent shall not issue a world war II special license
plate to an applicant until the applicant provides a DD214 form issued by the United States
government or other evidence sufficient to demonstrate that the applicant is a veteran of the
armed services who served between September 16, 1940, and July 25, 1947.
(24) Veteran of operation desert shield or desert storm, (a) The department shall
design the veteran of operation desert shield or desert storm license plate to indicate that the
owner of the motor vehicle to which the license plate is attached is a veteran of operation
desert shield or desert storm.
(b) Effective January 1, 2013, a natural person may use an operation desert shield or
desert storm license plate if the person was a member of the United States armed services
between August 2, 1990, and February 28, 1991.
(c) The department or an authorized agent shall not issue an operation desert shield or
desert storm license plate to an applicant until the applicant provides a DD214 form issued
by the United States government or other evidence sufficient to demonstrate that the
applicant is a veteran of the armed services who served between August 2, 1990, and
February 28, 1991.
(25) Recipient of a distinguished flying cross, (a) The department shall design a
special license plate to indicate that the owner of a motor vehicle to which the license plate
is attached has received the distinguished flying cross.
(b) A natural person who has been awarded a distinguished flying cross may use a
distinguished flying cross special license plate. When applying for the license plate, the
applicant shall submit to the department a copy of the military order awarding the
distinguished flying cross or any other evidence the department may accept
Source: L. 2005: (l)(b)(I) amended, p. 143, § 12, effective April 5; (1 )(a)(XII) and (13)
added, p. 664, §§ 1, 2, effective August 8; entire article amended with relocations, p. 1118,
§ 2, effective August 8. L. 2006: (l)(a)(Xm) and (14) added, p. 1685, §§ 1, 2, effective
August 7; IP(l)(a) amended and (l)(a)(XIV), (l)(f), and (15) added, pp. 1752, 1753, §§ 1,
2, 3, effective January 1, 2007; (l)(b)(II)(E) and (l)(b)(II)(F) added, p. 920, § 1, effective
January 1, 2007. L. 2007: (lXa)(XIV) and (l)(f) amended and (lXa)(XVID, (lXbXIIXG),
and (18) added, pp. 1320, 1321, §§ 1, 4, 3, 2, effective August 3; (l)(aXXV) and (16)
added, p. 666, §§ 1, 2, effective August 3; (lXa)(XVI) and (17) added, p. 2088, §§ 1, 2,
effective August 3; (9)(b) amended, p. 433, § 1, effective August 3. L. 2008: (l)(a)(XVm)
and (19) added, p. 912, §§ 1, 2, effective July 1; (l)(a)(XIX) and (20) added, p. 1026, §§ 1,
2, effective August 5; (l)(g) added, p. 2273, § 5, effective January 1, 2009. L. 2010:
42-3-214 Vehicles and Traffic Title 42 - page 208
(l)(a)(XX), (l)(a)(XXI), (21), and (22) added, (HB 10-1139), ch. 236, p. 1032, §§ 1, 2,
effective August 11; (5)(a)(II) amended, (HB 10-1019), ch. 400, p. 1930, § 7, effective
January 1, 2011. L. 2011: (l)(a)(XXn), (l)(b)(II)(H), and (23) added, (SB 11-037), ch.
126, p. 392, §§ 1, 2, 3, effective August 10. L. 2012: (l)(a)(XXI) and (l)(a)(XXII)
amended and (l)(a)(XXm) and (24) added, (HB 12-1162), ch. 150, p. 539, § 1, effective
August 8; (l)(a)(XXIV) and (25) added, (HB 12-1153), ch. 145, p. 524, § 1, effective
August 8.
Editor's note: (1) This section is similar to former § 42-3-115.5 as it existed prior to 2005.
(2) Subsection (l)(a)(XD) was originally numbered as § 42-3-115.5 (l)(a)(XI) in House Bill
05-1313 and was harmonized with § 42-3-213 (l)(a)(Xll) as it appears in House Bill 05-1107.
Subsection (l)(b)(I) was originally numbered as § 42-3-115.5 (l)(c)(I) in Senate Bill 05-041 and was
harmonized with § 42-3-213 (l)(b)(I) as it appears in House Bill 05-1107. Subsection (13) was
originally numbered as § 42-3-115.5 (12) in House Bill 05-1313 and was harmonized with § 42-3-
213 (13) as it appears in House Bill 05-1107.
(3) Subsection (l)(a)(XIV) was originally numbered as (l)(a)(XIII) in House Bill 06-1072 but has
been renumbered on revision for ease of location. Subsection (15) was originally numbered as (14)
in House Bill 06-1072 but has been renumbered on revision for ease of location.
(4) Subsection (12)(d)(II) provided for the repeal of subsection (12)(d), effective July 1, 2007.
(See L. 2005, p. 1118.)
(5) Section 3 of chapter 145, Session Laws of Colorado 2012, provides that the act adding
subsections (l)(a)(XXIV) and (25) applies to applications submitted or license plates issued on or
after January 1, 2013.
42-3-214. Special plates - alumni associations - retirement (1) The department
shall issue one or more sets of special alumni license plates to applicants under this section
for passenger cars or trucks that do not exceed sixteen thousand pounds empty weight. For
the purposes of this section, recreational vehicles that do not exceed sixteen thousand
pounds empty weight shall be classified as passenger cars.
(2) (a) An alumni association for a private or public college or university located
within Colorado may apply directly to the department for the establishment of a special
license plate for the alumni association. The department shall accept applications to
establish special alumni license plates annually according to the schedule established by the
department. An alumni association shall not apply for a license plate until the alumni
association has commitments for license plate purchases from at least five hundred persons
and provides a list of the names and addresses of such persons to the department.
(b) An alumni association applying for the establishment of a special alumni license
plate is responsible for all costs of designing such plate and shall pay such costs before the
license plate is produced. Any design for a special alumni license plate shall conform with
standards established by the department and shall be approved by the department.
(c) For the purpose of this section, "college or university** means an institution of
higher education that offers at least a bachelor degree in an educational program and that
is accredited by a nationally recognized accrediting agency or association.
(3) (a) A person may apply for a special alumni license plate for a motor vehicle if the
person pays the taxes and fees required under this section and provides the department or
authorized agent a certificate issued by the alumni association confirming that such person
meets the qualifications for the license plate established by the alumni association pursuant
to paragraph (b) of this subsection (3). The department shall prepare a certificate form to be
used by alumni associations when confirming that a person is eligible to obtain special
alumni license plates.
(b) An alumni association may establish the following qualifications to use the special
alumni license plates:
(I) Membership in the alumni association; or
(II) Specified levels of contributions to the college or university.
(HI) (Deleted by amendment, L. 2008, p. 1286, § 1, effective May 27, 2008.)
(c) An alumni association establishing qualifications to use special license plates shall
set a one-time fee to qualify for the special license plates, which fee shall be used for the
following purposes:
Title 42 - page 209 Registration, Taxation, and License Plates 42-3-215
(1) Scholarships for students attending the university or college; or
(II) Support of academic programs at the university or college.
(4) The amount of the taxes and fees for special alumni license plates under this section
is the same as the amount of the taxes and fees specified for regular motor vehicle license
plates plus a one-time fee of twenty-five dollars for each motor vehicle to issue or replace
such license plates. The department shall transmit the additional one-time fee to the state
treasurer, who shall credit the fee to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(5) An applicant may apply for personalized special alumni license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue such plates if the applicant complies with section
42-3-211. If any applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of special alumni
license plates for the vehicle upon paying the fee imposed by section 42-3-211 (6) (a) and
upon turning such existing plates in to the department as required by the department A
person who has obtained personalized special alumni license plates under this subsection
(5) shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of such
personalized plates. The fees under this subsection (5) are in addition to all other taxes and
fees imposed for the special alumni license plates.
(6) Special alumni license plates shall be renewed in the same manner as other license
plates under section 42-3-113 or, for personalized plates, under section 42-3-211.
(7) The department shall retire the special alumni license plates authorized by this
section unless the plates have been issued for at least five hundred vehicles by July 1, 2016.
A person who was issued a special alumni license plate on or before July 1, 2016, may
continue to use the plate after July 1, 2016.
Source: L. 2005: (4) amended, p. 144, § 13, effective April 5; entire article amended
with relocations, p. 1124, § 2, effective August 8. L. 2007: (7) amended, p. 1986, § 2,
effective June 1. L. 2008: IP(3)(b), (3)(bXffl), and (7) amended and (3)(c) added, p. 1286,
§ 1, effective May 27. L. 2011: (7) amended, (HB 11-1236), ch. 98, p. 286, § 2, effective
April 8.
Editor's note: (1) This section is similar to former § 42-3-115.7 as it existed prior to 2005.
(2) Subsection (4) was originally numbered as § 42-3-115.7 (5)(a), and the amendments to it in
Senate Bill 05-041 were harmonized with § 42-3-214 (4) as it appears in House Bill 05-1107.
42-3-215. Special plates - United States Olympic committee - retirement (1) The
department shall issue one or more sets of Olympic committee special license plates to
applicants under this section for passenger cars or trucks that do not exceed sixteen
thousand pounds empty weight.
(2) (a) There is hereby established the United States Olympic committee special license
plate. The department may begin issuance of such license plate when the United States
Olympic committee has commitments for license plate purchases from at least five hundred
persons and provides a list of the names and addresses of such persons to the department.
(b) The United States Olympic committee is responsible for the costs of designing the
United States Olympic committee special license plate and shall pay such costs before the
license plate is produced. The design for the special license plate shall conform with
standards established by the department and shall be approved by the department.
(3) (a) A person may apply for an Olympic committee special license plate for a motor
vehicle if the person pays the taxes and fees required under this section and provides the
department or authorized agent a certificate issued by the committee confirming that such
person meets the qualifications for the license plate established by the committee pursuant
to paragraph (b) of this subsection (3). The department shall prepare a certificate form to be
used by die committee when confirming that a person is eligible to obtain Olympic
committee special license plates.
(b) The committee may establish the following qualifications for persons seeking to
obtain special license plates under this section:
42-3-216 Vehicles and Traffic Title 42 - page 210
(1) Specified levels of contributions to the United States Olympic committee; or
(II) Payment of specified dues, including special dues established for the special license
plates. If the Olympic committee collects special dues for special license plates, the moneys
may be expended only for support of the United States Olympic committee program.
(4) (a) The amount of the taxes and fees for Olympic committee special license plates
under this section is the same as the amount of the taxes and fees specified for regular motor
vehicle license plates plus a one-time fee of twenty-five dollars for each motor vehicle for
issuance or replacement of such license plates. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the fee to the highway users tax fund for
allocation and expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(b) An applicant may apply for personalized Olympic committee special license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of special license
plates for the vehicle upon paying the fee imposed by section 42-3-211 (6) (a) and upon
turning such existing plates in to the department as required by the department. A person
who has obtained personalized Olympic committee special license plates under this para-
graph (b) is required to pay the annual fee imposed by section 42-3-211 (6) (b) for renewal
of such personalized plates. The fees under this paragraph (b) are in addition to all other
taxes and fees imposed for the special license plates.
(5) Special license plates issued under this section shall be renewed in the same manner
as other license plates under section 42-3-113 or, for personalized plates, under section
42-3-211.
(6) For the purposes of this section, "committee*' means the United States Olympic
committee.
(7) The special license plates authorized by this section shall be retired unless such
plates have been issued for at least three thousand vehicles by July 1, 2007.
Source: L. 2005: (4)(a) amended, p. 144, § 14, effective April 5; entire article amended
with relocations, p. 1126, § 2, effective August 8.
Editor's note: (1) This section is similar to former § 42-3-115.8 as it existed prior to 2005.
(2) Subsection (4)(a) was originally numbered as § 42-3-115.8 (5)(a), and the amendments to it
in Senate Bill 05-041 were harmonized with § 42-3-215 (4)(a) as it appears in House Bill 05-1107.
42-3-216. Special plates - Colorado foundation for agriculture and natural re-
sources - definitions - retirement (1) For the purposes of this section:
(a) "Foundation" means the Colorado foundation for agriculture.
(b) "Special license plate" means the special agriculture and natural resources license
plate.
(2) The department shall issue one or more sets of special license plates to applicants
under this section for passenger cars or trucks that do not exceed sixteen thousand pounds
empty weight.
(3) (a) There is hereby established the special agriculture and natural resources license
plate. The department may begin issuance of such special license plate when the foundation
has commitments for special license plate purchases for at least two hundred fifty special
license plates and provides a list of die names and addresses of persons purchasing such
plates to the department.
(b) The foundation is responsible for the costs of designing the special license plate and
shall pay such costs before the license plate is produced. The design for the special license
plate shall conform with standards established by the department and shall be approved by
the department.
(4) (a) A person may apply for a special license plate for a motor vehicle if the person
pays the taxes and fees required under this section and provides a certificate, issued by the
foundation, confirming that such person meets the qualifications for the license plate
established by the foundation pursuant to paragraph (b) of this subsection (4). The
Title 42 - page 211 Registration, Taxation, and License Plates 42-3-217
department shall prepare a certificate form to be used by the foundation when confirming
that a person is eligible to obtain a special license plate.
(b) The foundation may establish the following qualifications for persons seeking to
obtain special license plates under this section:
(1) Specified levels of contributions to the foundation; or
(II) Payment of specified special dues established for the special license plates. If the
foundation collects special dues for special license plates, the moneys shall be expended
only for support of the foundation's programs.
(5) (a) The amount of the taxes and fees for special license plates under this section is
the same as the amount of the taxes and fees specified for regular motor vehicle license
plates plus a one-time fee of twenty-five dollars for each motor vehicle for issuing or
replacing such license plates. The department shall transmit the additional one-time fee to
the state treasurer, who shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(b) An applicant may apply for personalized special license plates. Upon payment of
the additional fee required by section 42-3-211 (6) (a) for personalized license plates, the
department may issue such plates if the applicant complies with section 42-3-211. If any
applicant has existing personalized license plates for a motor vehicle, the applicant may
transfer the combination of letters or numbers to a new set of special license plates for the
vehicle upon paying the fee imposed by section 42-3-211 (6) (a) and upon turning such
existing plates in to the department as required by the department. Any person who has
obtained personalized special license plates under this paragraph (b) is required to pay the
annual fee imposed by section 42-3-21 1 (6) (b) for renewal of such personalized plates. The
fees under this paragraph (b) are in addition to all other taxes and fees imposed for the
special license plates.
(6) Special license plates issued under this section shall be renewed in the same manner
as other license plates under section 42-3-113 or, for personalized plates, under section
42-3-211.
(7) The special license plates authorized by this section shall be retired unless such
plates have been issued for at least three thousand vehicles by March 1, 2008.
Source: L. 2005: (5)(a) amended, p. 144, § 15, effective April 5; entire article amended
with relocations, p. 1127, § 2, effective August 8. L. 2007: (7) amended, p. 1986, § 3,
effective June 1.
Editor's note: (1) This section is similar to former § 42-3-116.5 as it existed prior to 2005.
(2) Subsection (5)(a) was originally numbered as § 42-3-116.5 (6)(a), and the amendments to it
in Senate Bill 05-041 were harmonized with § 42-6-216 (5)(a) as it appears in House Bill 05-1107.
42-3-217. Special plates - Colorado commission of Indian affairs. (1) The depart-
ment shall issue one or more sets of special license plates to applicants under this section
for passenger cars, motorcycles, or trucks that do not exceed sixteen thousand pounds
empty weight The American Indian special license plate shall not be issued for motorcycles
until January 1, 2007.
(2) (a) There is hereby established the American Indian special license plate. The
department may begin issuance of such special license plate when the Rocky Mountain
Indian chamber of commerce has commitments for special license plate purchases for at
least two thousand special license plates and provides a list of the names and addresses of
persons purchasing such plates to the department.
(b) The Rocky Mountain Indian chamber of commerce is responsible for the costs of
designing the special license plate and shall pay such costs before the license plate is
produced. The design for the special license plate shall conform with standards established
by the department.
(3) (a) A person may apply for an American Indian special license plate for a motor
vehicle if the person pays the taxes and fees required under this section and provides a
certificate issued by the Rocky Mountain Indian chamber of commerce confirming that such
42-3-217.5 Vehicles and Traffic Title 42 - page 212
person meets the qualifications for the license plate established pursuant to this subsection
(3).
(b) The Colorado commission of Indian affairs shall establish a specific level of
contribution to a scholarship fund that qualifies a person to obtain special license plates
under this section and shall set appropriate qualifications in order for an applicant to receive
a scholarship. The scholarship fund shall be administered by a nonprofit organization,
association, or corporation selected and supervised by the Colorado commission of Indian
affairs. Such scholarship shall not be awarded to an applicant unless the applicant can
demonstrate that he or she is a Colorado resident and such scholarship will be used to attend
an institution of higher education within Colorado. Such nonprofit organization shall issue
a report to the Colorado commission of Indian affairs accounting for revenues and
expenditures at least every other year.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates
plus a one-time fee of twenty-five dollars for each motor vehicle for issuing or replacing
such license plates. The department shall transmit the additional one-time fee to the state
treasurer, who shall credit the same to the highway users tax fund, created in section
43-4-201, C.R.S., for allocation and expenditure as specified in section 43-4-205 (5.5) (b),
C.R.S.
(5) On or after January 1, 2007, an applicant may apply for personalized American
Indian special license plates. If the applicant complies with section 42-3-211, the depart-
ment may issue such plates upon payment of the additional fee required by section 42-3-21 1
(6) for personalized license plates. If the applicant has existing personalized license plates
for a motor vehicle, the applicant may transfer the combination of letters or numbers to a
new set of American Indian special license plates for the vehicle upon paying the fee
imposed by section 42-3-211 (6) (a) and upon turning such existing plates in to the
department as required by the department. A person who has obtained personalized license
plates under this subsection (5) shall pay the annual fee imposed by section 42-3-21 1 (6) (b)
to renew such plates. The fees imposed by this subsection (5) shall be in addition to all other
taxes and fees imposed for license plates issued pursuant to this section.
(6) Special license plates issued under this section shall be renewed in the same manner
as other license plates under section 42-3-113 or, for personalized plates, under section
42-3-211.
Source: L. 2005: (4) amended, p. 144, § 16, effective April 5; entire article amended
with relocations, p. 1129, § 2, effective August 8.
Editor's note: (1) This section is similar to former § 42-3-116.7 as it existed prior to 2005.
(2) Subsection (4) was originally numbered as § 42-3-116.7 (5), and the amendments to it in
Senate Bill 05-041 were harmonized with § 42-3-217 (4) as it appears in House Bill 05-1107.
42-3-217.5. Special plates - breast cancer awareness - retirement (1) There is
hereby established the breast cancer awareness special license plate. The department shall
issue breast cancer special license plates to applicants for passenger cars, trucks, or
motorcycles that do not exceed sixteen thousand pounds empty weight.
(2) The department shall work with interested parties to design the breast cancer
awareness special license plate. The design for the special license plate shall conform with
standards established by the department.
(3) (a) A person may apply for a breast cancer awareness special license plate if the
person pays the taxes and fees required under this section.
(b) The amount of the taxes and fees for special license plates issued under this section
is the same as the amount of the taxes and fees specified for regular motor vehicle license
plates; except that the department shall collect a one-time fee of twenty-five dollars for
issuing or replacing each such special license plate. The department shall transmit the
additional one-time fee to the state treasurer, who shall credit the same to the highway users
tax fund for allocation and expenditure as specified in section 43-4-201, C.R.S.
Title 42 - page 213 Registration, Taxation, and License Plates 42-3-218
(c) In addition to the taxes and fees specified in paragraph (b) of this subsection (3), a
person applying for a new or replacement breast cancer awareness special license plate shall
pay a surcharge of twenty-five dollars. A person applying on or before June 30, 2012, to
renew a breast cancer awareness special license plate shall have the option to pay the
twenty-five dollar surcharge but shall not be required to pay the surcharge in order to renew
the special plate. On or after July 1, 2012, a person applying to renew a breast cancer
awareness special license plate shall pay the twenty-five dollar surcharge required by this
paragraph (c). The department shall transmit the surcharge to the state treasurer, who shall
credit the surcharge to the eligibility expansion account of the breast and cervical cancer
prevention and treatment fund created in section 25.5-5-308 (8) (c), C.R.S., for use in
accordance with that section; except that once the eligibility expansion account is dissolved
pursuant to section 25.5-5-308 (8) (c) (ID), C.R.S., the state treasurer shall credit the
surcharge to the breast and cervical cancer prevention and treatment fund created in section
25.5-5-308 (8) (a), C.R.S. The department shall ensure implementation of this paragraph (c)
no later than October 31, 2009.
(4) Any renewal of a special license plate issued under this section shall be handled in
the same manner as other license plates under the provisions of section 42-3-113 or, for
personalized plates, under the provisions of section 42-3-211.
(5) An applicant may apply for personalized breast cancer awareness special plates. If
the applicant complies with the requirements of section 42-3-21 1, the department may issue
such plates upon payment of the additional fee required by section 42-3-211 (6) for
personalized license plates. If the applicant has existing personalized license plates for a
motor vehicle, the applicant may transfer the combination of letters or numbers to a new set
of breast cancer awareness special license plates for the vehicle upon paying the fee
imposed by section 42-3-21 1 (6) and upon turning in such existing plates to the department.
A person who has obtained personalized license plates under this subsection (5) shall pay
the annual fee imposed by section 42-3-211 (6) to renew such plates. The fees imposed by
this subsection (5) shall be in addition to all other taxes and fees imposed for breast cancer
awareness special license plates.
(6) and (7) Repealed.
Source: L. 2005: Entire section added, p. 724, § 1, effective August 8. L. 2006: (3)(b),
(4), and (5) amended, p. 1511, § 70, effective June 1. L. 2008: (7) added, p. 229, § 2,
effective August 5. L. 2009: (3)(c) added and (6) and (7) repealed, (HB 09-1164), ch. 215,
pp. 972, 973, §§ 2, 3, effective May 2.
Editor's note: Amendments to § 42-3-1 16.8 by House Bill 05-1247 were harmonized with House
Bill 05-1107 and relocated to § 42-3-217.5.
Cross references: For the legislative declaration contained in the 2009 act adding subsection (3)(c)
and repealing subsections (6) and (7) stating the purpose of and the provision directing legislative staff
agencies to conduct a post-enactment review pursuant to § 2-2-1201 scheduled in May 2014, see
sections 1 and 5 of chapter 215, Session Laws of Colorado 2009. To obtain a copy of the review, once
completed, view Colorado Legislative Council's web site.
42-3-218. Special plates - active and retired members of the Colorado National
Guard - retirement ( 1 ) The department shall issue special license plates for a passenger
car or a truck that does not exceed sixteen thousand pounds empty weight owned by an
active or retired member of the Colorado National Guard, as defined in section 28-3-101
(12), C.R.S.
(2) The special license plates shall have a white background with blue lettering and
shall be of a design determined by the executive director of the department. Such plates
shall indicate that the owner of the motor vehicle is a member of the Colorado National
Guard.
(3) A natural person who is an active or retired member of the Colorado National Guard
may use the special license plates provided for by this section.
(4) The amount of taxes and fees for such special license plates shall be the same as the
amount of taxes and fees specified for regular, motor vehicle registration plus an additional
42-3-219 Vehicles and Traffic Title 42 - page 214
one-time fee of twenty-five dollars. The additional fee shall be transmitted to the state
treasurer, who shall credit the fee to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(5) Applications for special license plates provided for in this section shall include such
information as the department may require. At the time of application, the applicant shall
submit a proof of eligibility form prepared by the department of military and veterans affairs
verifying active or retired status. If the owner of a vehicle registered pursuant to this section
ceases to be an active member of the Colorado National Guard and has not qualified for
retirement from the Colorado National Guard, such person shall return the special license
plates to the department upon expiration of the registration. Upon retiring from the
Colorado National Guard, a person wishing to retain such special license plates shall submit
a verification of retired status that is issued by the department of military and veterans
affairs to establish eligibility for retention of the plates. A retired member of the Colorado
National Guard is required to verify retired status only once under this section.
(6) The executive director of the department may prepare any special forms and issue
such rules as may be necessary to implement this section.
Source: L. 2005: (4) amended, p. 145, § 17, effective April 5; entire article amended
with relocations, p. 1130, § 2, effective August 8.
Editor's note: (1) This section is similar to former § 42-3-1 17 as it existed prior to 2005.
(2) Subsection (4) was originally numbered as § 42-3-117 (5)(a), and the amendments to it in
Senate Bill 05-041 were harmonized with § 42-3-218 (4) as it appears in House Bill 05-1107.
42-3-219. Special registration of collector's items. (Repealed)
Source: L. 2005: Entire article amended with relocations, p. 1131, § 2, effective August
8. L. 2006: (l)(a) and (3)(a) amended and (l)(c) added, p. 64, §§ 2, 3, effective August 7.
L. 2007: (l)(b)(I) amended, p. 1462, § 1, effective August 3. L. 2008: (10) repealed, p.
229, § 3, effective August 5. L. 2011: Entire section repealed, (SB 11-031), ch. 86, p. 249,
§ 22, effective August 10.
Editor's note: This section was relocated to § 42-12-301 in 2011.
42-3-220. Temporary special event license plates. (1) The department may issue a
temporary special event license plate to a person or group of people in connection with a
special event for a passenger vehicle or a truck that does not exceed sixteen thousand
pounds empty weight.
(2) An applicant for a special event license plate shall submit to the department the
name, date or dates, and location of the special event to which the request for the license
plate is connected; the dates the license plate is needed; the quantity of license plates
requested; a list of vehicle information including the vehicle identification number, make,
model, and year of each vehicle; a certified letter stating that insurance coverage will be in
place for each vehicle during its use for the period for which the temporary plate is issued;
and any other information required by the department.
(3) The department may determine the amount of an application fee for special event
license plates and determine the fee, not to exceed twenty-five dollars, for the issuance of
each temporary special event license plate. Such fee shall be transmitted to the state
treasurer, who shall credit the same to the license plate cash fund, created in section
42-3-301 (1).
(4) The executive director of the department may prepare any special forms and issue
any rules necessary to carry out the purposes of this section.
Source: L. 2005: Entire article amended with relocations, p. 1133, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-117.7 as it existed prior to 2005.
Title 42 - page 215 Registration, Taxation, and License Plates 42-3-222
42-3-221. Special plates - Denver Broncos. (1) Beginning January 1, 2007, the
department shall issue special license plates to qualified applicants in accordance with this
section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor
vehicles that do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the Denver Broncos special license plate.
(b) The Denver Broncos may design the special license plate. The design for the special
license plate shall conform with standards established by the department and shall be
subject to the department's approval.
(3) A person may apply for a Denver Broncos special license plate if the person pays
the taxes and fees required under this section and provides to the department or an
authorized agent a certificate, issued by the Denver Broncos Charities or a successor
organization, confirming that such person has donated thirty dollars to the Denver Broncos
Charities.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized Denver Broncos special license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of Denver
Broncos special license plates for the vehicle upon payment of the fee imposed by section
42-3-211 (6) and upon turning in such existing plates to the department. A person who has
obtained personalized Denver Broncos special license plates under this subsection (5) shall
pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of such personalized
plates. The fees under this subsection (5) are in addition to all other taxes and fees imposed
for personalized Denver Broncos special license plates.
(6) The Denver Broncos license plate shall be retired if three thousand plates are not
issued by July 1, 2009.
Source: L. 2006: Entire section added, p. 2037, § 1, effective August 7.
42-3-222. Special plates - support public education. (1) Beginning January 1,
2007, the department shall issue special license plates to qualified applicants in accordance
with this section for motorcycles, passenger cars, trucks, and noncommercial or recreational
motor vehicles that do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the support public education special license plate.
(b) The design for the special license plate shall conform with standards established by
the department and shall be subject to the department's approval.
(3) (a) A person may apply for a support public education special license plate if the
person pays the taxes and fees required under this section and provides to the department
or an authorized agent a certificate, issued by impact on education, inc., Colorado legacy
foundation, or either entity* s successor, confirming that the person has donated twenty
dollars to either organization or either entity's successor. When receiving the donation,
impact on education, inc., Colorado legacy foundation, or either entity's successor shall ask
the donor to specify in writing which nonprofit education organization qualified under
paragraph (c) of this subsection (3) should receive the moneys. Impact on education, inc.,
Colorado legacy foundation, or either entity's successor shall compile and provide to the
donor and the department a list of organizations that the entity has verified qualify for
donations under paragraph (c) of this subsection (3).
(b) Impact on education, inc., Colorado legacy foundation, or either entity's successor
shall use the moneys collected under this subsection (3) to support programs that focus on
student learning in public schools located in Colorado.
42-3-223 Vehicles and Traffic Title 42 - page 216
(c) Impact on education, inc., Colorado legacy foundation, or either entity's successor
shall transmit the entire donation to the nonprofit education organization pursuant to
paragraph (a) of this subsection (3) if the organization:
(I) Exists;
(II) Is affiliated with a school district or the state charter institute;
(HI) Is a nonprofit entity exempt from federal income taxes pursuant to section 501 (c)
(3) of the federal "Internal Revenue Code of 1986", as amended; and
(IV) Agrees to spend all of the donation on programs that focus on student learning in
Colorado.
(d) Impact on education, inc., Colorado legacy foundation, or either entity's successor
shall not use the moneys collected under this subsection (3) to support political parties,
candidates for public office, ballot initiatives, referenda, or any other political activities.
(4) The amount of the taxes and fees for the support public education special license
plates under this section is the same as the amount of the taxes and fees specified for regular
motor vehicle license plates; except that the department shall collect a one-time fee of
twenty-five dollars for issuance or replacement of each such license plate. The department
shall transmit the additional one-time fee to the state treasurer, who shall credit the same to
the highway users tax fund created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized support public education special license
plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue such plates if the applicant complies
with section 42-3-211. If an applicant has existing personalized license plates for a motor
vehicle, the applicant may transfer the combination of letters or numbers to a new set of
support public education special license plates for the vehicle upon payment of the fee
imposed by section 42-3-211 (6) and upon turning in such existing plates to the department.
A person who has obtained personalized support public education special license plates
under this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) for
renewal of such personalized plates. The fees under this subsection (5) are in addition to all
other taxes and fees imposed for personalized support public education special license
(6) The department may stop issuing the support public education special license plate
if three thousand license plates are not issued by July 1, 2016. A person who was issued a
support public education special license plate on or before July 1, 2016, may continue to use
the plate after July 1, 2016.
Source: L. 2006: Entire section added, p. 1066, § 1, effective August 7. L. 2009: (6)
amended, (SB 09-175), ch. 226, p. 1027, § 2, effective July 1. L. 2011: (3) and (6)
amended, (HB 11-1236), ch. 98, p. 286, § 3, effective April 8.
Editor's note: This section was originally numbered as § 42-3-221 in House Bill 06-1404 but was
renumbered on revision for ease of location.
42-3-223. Special plates - support the troops - retirement (1) On or after July 1,
2007, the department shall issue one or more sets of support the troops special license plates
to applicants under this section for passenger cars, trucks, motorcycles, and noncommercial
or recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.
(2) There is hereby established the United States support the troops special license
plate. The plate shall conform with standards established by the department, and the plate
shall feature the statement "Support The Troops".
(3) (a) A person may apply for and shall be issued a support the troops special license
plate for a motor vehicle if the person pays the taxes and fees required under this subsection
(3) and provides a certificate issued by the nonprofit organization selected by the adjutant
general pursuant to subsection (4) of this section showing that the person has donated
twenty-five dollars to such organization.
(b) The amount of the taxes and fees for support the troops special license plates under
this section is the same as the amount of the taxes and fees specified for regular motor
vehicle license plates plus a one-time fee of twenty-five dollars for each motor vehicle for
Title 42 - page 217 Registration, Taxation, and License Plates 42-3-224
issuance of such license plates. The department shall transmit the additional one-time fee
to the highway users tax fund for allocation and expenditure as specified in section 43-4-205
(5.5) (b), C.R.S.
(c) Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue personalized support the troops
special license plates if the applicant complies with section 42-3-211. If an applicant has
existing personalized license plates for a motor vehicle, the applicant may transfer the
combination of letters or numbers to a new set of special license plates for the vehicle upon
paying the fee imposed by section 42-3-211 (6) (a) and upon turning such existing plates
in to the department as required by the department. A person who has obtained personalized
support the troops special license plates under this paragraph (c) is required to pay the
annual fee imposed by section 42-3-21 1 (6) (b) for renewal of such personalized plates. The
fees under this paragraph (c) are in addition to all other taxes and fees imposed for the
special license plates.
(4) The adjutant general, appointed pursuant to section 28-3-105, C.R.S., shall select a
nonprofit organization that aids veterans, active service members, and the families thereof
to administer the donations collected pursuant to subsection (3) of this section. The adjutant
general shall select the organization in consultation with the Colorado board of veterans
affairs, created in section 28-5-702, C.R.S. The organization shall use the moneys to aid
veterans, active service members, and the families thereof but may keep up to seven percent
of the moneys for administrative costs. The organization may use the moneys to aid
veterans, active service members, and the families thereof by making grants to or selecting
other nonprofit organizations to provide the aid so long as no more than seven percent of
the moneys are used for administrative costs. Once an organization is selected, it shall
continue to administer the funds unless good cause is shown for removal.
(5) Special license plates issued under this section shall be renewed in the same manner
as other license plates under section 42-3-113 or, for personalized plates, under section
42-3-211.
(6) The special license plates authorized by this section shall not be renewed unless
such plates have been issued for at least three thousand vehicles by July 1, 2009.
Source: L. 2006: Entire section added, p. 1484, § 1, effective August 7. L. 2012: (2)
amended, (SB 12-007), ch. 88, p. 289, § 3, effective April 6.
Editor's note: This section was originally numbered as § 42-3-221 in Senate Bill 06-080 but was
renumbered on revision for ease of location.
42-3-224. Special plates - Colorado "Kids First". (1) The department shall issue
special license plates to qualified applicants in accordance with this section for motorcycles,
passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed
sixteen thousand pounds empty weight.
(2) (a) There is hereby established the Colorado "Kids First" special license plate. The
department may stop issuing the Colorado "Kids First'* special license plate if three
thousand license plates are not issued by July 1, 2016. A person who was issued a Colorado
"Kids First" special license plate on or before July 1, 2016, may continue to use the plate
after July 1, 2016.
(b) (Deleted by amendment, L. 2009, (SB 09-175), ch. 226, p. 1027, § 3, effective July
1, 2009.)
(c) The Rocky Mountain research and prevention institute may design the special
license plate. The design for the special license plate shall conform with standards
established by the department and shall be subject to the department's approval.
(3) (a) A person may apply for a Colorado "Kids First" special license plate if the
person pays the taxes and fees required under this section and provides to the department
or an authorized agent a certificate, issued by the Rocky Mountain research and prevention
institute or a successor organization, confirming that such person meets the qualifications
for the license plate established pursuant to this section.
42-3-225 Vehicles and Traffic Title 42 - page 218
(b) The Rocky Mountain research and prevention institute or a successor organization
may establish a specific level of contribution to a health promotion and injury prevention
fund that qualifies a person to obtain special license plates under this section. Such fund
shall be used to fund programs, activities, and events that help promote the health of
children and prevent injury to children.
(c) The Rocky Mountain research and prevention institute or its successor organization
shall file an annual statement verifying that it is a nonprofit organization. The statement
shall be filed under penalty of perjury with the department.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado "Kids First'* license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of Colorado "Kids
First" license plates for the vehicle upon paying the fee imposed by section 42-3-211 (6)
and upon turning in such existing plates to the department. A person who has obtained
personalized Colorado "Kids First" license plates under this subsection (5) shall pay the
annual fee imposed by section 42-3-21 1 (6) (b) for renewal of such personalized plates. The
fees under this subsection (5) are in addition to all other taxes and fees imposed for
Colorado "Kids First" license plates.
Source: L. 2006: Entire section added, p. 1622, § 1, effective July 1, 2007. L. 2009:
(2)(a) and (2)(b) amended, (SB 09-175), ch. 226, p. 1027, § 3, effective July 1. L. 2011:
(2)(a) amended, (HB 11-1236), ch. 98, p. 287, § 4, effective April 8.
Editor's note: This section was originally numbered as § 42-3-221 in Senate Bill 06-100 but was
renumbered on revision for ease of location.
42-3-225. Special plates - Italian-American heritage. (1) Beginning January 1,
2008, the department shall issue special license plates to qualified applicants in accordance
with this section for motorcycles, passenger cars, trucks, or noncommercial or recreational
motor vehicles that do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the Italian- American heritage special license plate,
which shall be issued to any person who pays the taxes and fees required under this section.
(b) The department may stop issuing the Italian- American heritage special license plate
if at least three thousand plates are not issued by July 1, 2016. A person who was issued an
Italian- American heritage special license plate on or before July 1, 2016, may continue to
use the plate after July 1, 2016.
(c) The Italian-American heritage special license plate shall be designed:
(I) To celebrate Italian-American heritage; and
(II) In accordance with standards established by the department and be subject to the
department's approval.
(3) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(4) An applicant may apply for personalized Italian- American heritage special license
plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue such plates if the applicant complies
with section 42-3-211. If an applicant has existing personalized license plates for a motor
Title 42 - page 219 Registration, Taxation, and License Plates 42-3-226
vehicle, the applicant may transfer the combination of letters or numbers to a new set of
Colorado Italian-American heritage license plates for the vehicle upon paying the fee
imposed by section 42-3-211 (6) and upon turning in such existing plates to the department.
A person who has obtained personalized Italian-American heritage special license plates
under this subsection (4) shall pay the annual fee imposed by section 42-3-211 (6) (b) for
renewal of such personalized plates. The fees under this subsection (4) are in addition to all
other taxes and fees imposed for the Italian-American heritage special license plates.
Source: L. 2007: Entire section added, p. 967, § 1, effective August 3. L. 2006: (2Kb)
amended, p. 229, § 4, effective August 5. L. 2009: (2)(b) amended, (SB 09-175), ch. 226,
p. 1028, § 4, effective July 1. L. 2011: (2Kb) amended, (HB 11-1236), ch. 98, p. 288, § 5,
effective April 8.
42-3-226. Special plates - share the road. (1) Beginning January 1, 2008, the
department shall issue special license plates to qualified applicants in accordance with this
section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor
vehicles that do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the share the road special license plate. The
department may stop issuing the share the road special license plate if three thousand
license plates are not issued by July 1 , 201 1 . A person may continue to use the share the road
special license plate after July 1, 2011.
(b) (Deleted by amendment, L. 2009, (SB 09-175), ch. 226, p. 1028, § 5, effective July
1, 2009.)
(c) The design for the special license plate shall conform with standards established by
the department and shall be subject to approval by bicycle Colorado, inc.
(3) (a) A person may apply for a share the road special license plate if the person pays
the taxes and fees required under this section and provides to the department or an
authorized agent a certificate, issued by bicycle Colorado, inc., or a successor organization,
confirming mat such person meets the qualifications for the license plate established
pursuant to this section.
(b) Bicycle Colorado, inc., or a successor organization, may establish a specific level of
contribution to a share the road education fund that qualifies a person to obtain special
license plates under this section. Such fund shall be used to fund programs, activities, and
events mat educate bicyclists, motorists, law enforcement, and transportation officials on
the rights and responsibilities of bicycling, safely sharing the road, and reducing bicycle
crashes.
(c) Bicycle Colorado, inc., or its successor organization, shall file with the department
an annual statement verifying that it is a nonprofit organization.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized share the road license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of share the road
license plates for the vehicle upon paying the fee imposed by section 42-3-21 1 (6) and upon
turning in such existing plates to the department A person who has obtained personalized
share the road license plates under this subsection (5) shall pay the annual fee imposed by
section 42-3-211 (6) (b) for renewal of such personalized plates. The fees under this
subsection (5) are in addition to all other taxes and fees imposed for share the road license
plates.
42-3-227 Vehicles and Traffic Title 42 - page 220
Source: L. 2007: Entire section added, p. 2075, § 1, effective August 3. L. 2009: (2)(a)
and (2)(b) amended, (SB 09-175), ch. 226, p. 1028, § 5, effective July 1.
Editor's note: This section was originally numbered as § 42-3-225 in Senate Bill 07-067 but was
renumbered on revision for ease of location.
42-3-227. Special plates - Colorado horse development authority. (1) On or after
January 1, 2009, the department shall issue Colorado horse development authority special
license plates to qualified applicants in accordance with this section for motorcycles,
passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed
sixteen thousand pounds empty weight.
(2) The Colorado horse development authority may design the special license plates.
The design for the special license plates shall conform with standards established by the
department and shall be subject to the department's approval.
(3) A person may apply for Colorado horse development authority special license plates
if the person pays the taxes and fees required under this section and provides to the
department or an authorized agent a certificate, issued by the Colorado horse development
authority or a successor organization, confirming that the person has donated thirty dollars
to the Colorado horse development authority.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the one-time fee to
the state treasurer, who shall credit the same to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado horse development authority
special license plates. Upon payment of the additional fee required by section 42-3-211 (6)
(a) for personalized license plates, the department may issue such license plates if the
applicant complies with section 42-3-211. If an applicant has existing personalized license
plates for a motor vehicle, the applicant may transfer the combination of letters or numbers
to a new set of Colorado horse development authority special license plates for the vehicle
upon payment of the fee imposed by section 42-3-21 1 (6) and upon turning in such existing
plates to the department. A person who has obtained personalized Colorado horse devel-
opment authority special license plates under this subsection (5) shall pay the annual fee
imposed by section 42-3-211 (6) (b) for renewal of the personalized license plates. The fees
imposed under this subsection (5) are in addition to all other taxes and fees imposed for
personalized Colorado horse development authority special license plates.
(6) The department may stop issuing the Colorado horse development authority special
license plate if three thousand license plates are not issued by July 1, 2016. A person who
was issued a Colorado horse development authority special license plate on or before July
1, 2016, may continue to use the plate after July 1, 2016.
Source: L. 2008: Entire section added, p. 858, § 1, effective August 5. L. 2009: (6)
amended, (SB 09-175), ch. 226, p. 1028, § 6, effective July 1. L. 2011: (6) amended, (HB
11-1236), ch. 98, p. 288, § 6, effective April 8.
42-3-228. Special plates - Colorado carbon fund. (1) The department shall issue
Colorado carbon fund special license plates to qualified applicants in accordance with this
section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor
vehicles that do not exceed sixteen thousand pounds empty weight.
(2) The Colorado carbon fund, established by the Colorado energy office, may design
the Colorado carbon fund special license plates. The design for the special license plates
shall conform with standards established by the department and shall be subject to the
department's approval.
(3) A person may apply for the Colorado carbon fund special license plates if the person
pays the taxes and fees required under this section and provides to the department or an
Title 42 - page 221 Registration, Taxation, and License Plates 42-3-229
authorized agent a certificate, issued by the Colorado energy office, or a successor office,
confirming that such person has made to the Colorado carbon fund, or its successor, the
donation required to qualify for the special license plates.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado carbon fund special license
plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue such personalized license plates if the
applicant complies with section 42-3-211. If an applicant has existing personalized license
plates for a motor vehicle, the applicant may transfer the combination of letters or numbers
to a new set of Colorado carbon fund special license plates for the vehicle upon payment
of the fee imposed by section 42-3-21 1 (6) (a) and upon turning in the existing license plates
to the department. A person who has obtained personalized Colorado carbon fund special
license plates under this subsection (5) shall pay the annual fee imposed by section 42-3-21 1
(6) (b) for renewal of such personalized license plates. The fees under this subsection (5)
are in addition to all other taxes and fees imposed for personalized Colorado carbon fund
special license plates.
(6) The department may stop issuing the Colorado carbon fund special license plate if
three thousand license plates are not issued by July 1, 2016. A person who was issued a
Colorado carbon fund special license plate on or before July 1, 2016, may continue to use
the plate after July 1, 2016.
Source: L. 2008: Entire section added, p. 995, § 1, effective August 5. L. 2009: (6)
amended, (SB 09-175), ch. 226, p. 1029, § 7, effective July 1. L. 2011: (6) amended, (HB
11-1236), ch. 98, p. 288, § 7, effective April 8. L. 2012: (2) and (3) amended, (HB
12-1315), ch. 224, p. 983, § 54, effective July 1.
42-3-229. Special plates - boy scouts. (1) Beginning July 15, 2009, the department
shall issue special license plates to qualified applicants in accordance with this section for
motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that
do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the boy scouts centennial special license plate,
which shall be issued from July 15, 2009, to June 30, 2016, or so long as the department
has the special license plates in stock, whichever occurs later.
(b) A person may continue to use the boy scouts centennial special license plate after
June 30, 2011, in accordance with this section.
(c) The department is authorized to begin issuance of the special license plate autho-
rized by this subsection (2) if the boy scouts obtain commitments for the purchase of at least
three thousand special license plates and provide to the department a list of the names and
addresses of persons requesting such plates by January 15, 2009.
(d) Repealed.
(e) The design for the special license plate shall conform with standards established by
the department.
(3) A person may apply for a special license plate created by this section if the person
pays the taxes and fees required under this section.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized special license plates created by this
section. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
42-3-230 Vehicles and Traffic Title 42 - page 222
personalized license plates, the department may issue such plates if the applicant complies
with section 42-3-211. If an applicant has existing personalized license plates for a motor
vehicle, the applicant may transfer the combination of letters or numbers to a new set of
special license plates created by this section for the vehicle upon paying the fee imposed by
section 42-3-211 (6) and upon turning in such existing plates to the department. A person
who has obtained personalized special license plates under this subsection (5) shall pay the
annual fee imposed by section 42-3-21 1 (6) (b) for renewal of such personalized plates. The
fees under this subsection (5) are in addition to all other taxes and fees imposed for the
special license plates created by this section.
Source: L. 2008: Entire section added, p. 2271, § 2, effective January 1,2009. L. 2011:
(2)(a) amended, (HB 11-1236), ch. 98, p. 288, § 8, effective April 8; (2)(d) repealed, (HB
11-1303), ch. 264, p. 1182, § 108, effective August 10.
42-3-230. Special plates - "Alive at Twenty-five 1 '. (1) Beginning January 1, 2010,
the department shall issue special license plates to qualified applicants in accordance with
this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor
vehicles that do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the "Alive at Twenty-five" special license plate,
(b) The Colorado state patrol family foundation may design the special license plate.
The design for the special license plate shall conform with standards established by the
department and shall be subject to the department's approval.
(3) A person may apply for an "Alive at Twenty-five" special license plate if the person
pays the taxes and fees required under this section and provides to the department or an
authorized agent a certificate, issued by the Colorado state patrol family foundation or a
successor organization, confirming that such person has donated thirty dollars to the
Colorado state patrol family foundation.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized "Alive at Twenty-five" special license
plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue such plates if the applicant complies
with section 42-3-211. If an applicant has existing personalized license plates for a motor
vehicle, the applicant may transfer the combination of letters or numbers to a new set of
"Alive at Twenty-five" special license plates for the vehicle upon payment of the fee
imposed by section 42-3-211 (6) and upon turning in such existing plates to the department.
A person who has obtained personalized "Alive at Twenty-five" special license plates under
this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal
of such personalized plates. The fees under this subsection (5) are in addition to all other
taxes and fees imposed for personalized "Alive at Twenty-five" special license plates.
(6) The department shall retire the "Alive at Twenty-five" license plate if three
thousand plates are not issued by July 1, 2016. A person who was issued an "Alive at
Twenty-five" license plate on or before July 1, 2016, may continue to use the plate after July
1, 2016.
Source: L. 2009: Entire section added, (HB 09-1100), ch. 279, p. 1246, § 1, effective
August 5. L. 2011: (6) amended, (HB 11-1236), ch. 98, p. 288, § 9, effective April 8.
42-3-231. Special plates - Colorado ski country. ( 1 ) On or after January 1 , 201 0, the
department shall issue Colorado ski country special license plates to qualified applicants in
accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or
recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.
Title 42 - page 223 Registration, Taxation, and License Plates 42-3-232
(2) Colorado ski country USA, inc., may design the special license plates. The plate
shall conform with standards established by the department and be subject to approval by
the department. The plate shall feature the tagline "Ski Country USA'*.
(3) A person shall be issued Colorado ski country special license plates if the person
pays the taxes and fees required under this section.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the one-time fee to
the state treasurer, who shall credit the same to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado ski country special license
plates. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue such license plates if the applicant
complies with section 42-3-211. If an applicant has existing personalized license plates for
a motor vehicle, the applicant may transfer the combination of letters or numbers to a new
set of Colorado ski country special license plates for the vehicle upon payment of the fee
imposed by section 42-3-21 1 (6) and upon turning in such existing plates to the department.
A person who has obtained personalized Colorado ski country special license plates under
this subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal
of the personalized license plates. The fees imposed under this subsection (5) are in addition
to all other taxes and fees imposed for personalized Colorado ski country special license
plates.
(6) (a) The department shall retire the Colorado ski country special license plate if
three thousand license plates are not issued by July 1, 2016. A person who was issued a
Colorado ski country special license plate on or before July 1, 2016, may continue to use
the plate after July 1, 2016.
(b) (Deleted by amendment, L. 2011, (HB 11-1236), ch. 98, p. 288, § 10, effective
April 8, 2011.)
Source: L. 2009: Entire section added, (SB 09-161), ch. 412, p. 2281, § 1, effective
August 5. L. 2011: (6) amended, (HB 11-1236), ch. 98, p. 288, § 10, effective April 8.
L. 2012: (2) amended, (SB 12-007), ch. 88, p. 289, § 4, effective April 6.
42-3-232. Special plates - donate life. (1) On or after January 1, 2010, the depart-
ment shall issue donate life special license plates to qualified applicants in accordance with
this section for motorcycles, passenger cars, trucks, or noncommercial or recreational motor
vehicles that do not exceed sixteen thousand pounds empty weight.
(2) The American transplant foundation, inc., may design the special license plates. The
design for the special license plates shall conform with standards established by the
department and shall be subject to the department's approval.
(3) A person shall be issued donate life special license plates if the person pays the
taxes and fees required under this section.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the one-time fee to
the state treasurer, who shall credit the same to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized donate life special license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue such license plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of donate life
special license plates for the vehicle upon payment of the fee imposed by section 42-3-211
(6) and upon turning in the existing plates to the department A person who has obtained
personalized donate life special license plates under this subsection (5) shall pay the annual
42-3-233 Vehicles and Traffic Title 42 - page 224
fee imposed by section 42-3-211 (6) (b) for renewal of personalized license plates. The fees
imposed under this subsection (5) are in addition to all other taxes and fees imposed for
personalized donate life special license plates.
(6) (a) The department shall retire the donate life special license plate if three thousand
license plates are not issued by July 1, 2016. A person who was issued a donate life special
license plate on or before July 1, 2016, may continue to use the plate after July 1, 2016.
(b) (Deleted by amendment, L. 2011, (HB 11-1236), ch. 98, p. 289, § 11, effective
April 8, 2011.)
Source: L. 2009: Entire section added, (HB 09-1347), ch. 357, p. 1860, § 1, effective
August 5. L. 2011: (6) amended, (HB 11-1236), ch. 98, p. 289, § 11, effective April 8.
42-3-233. Special plates - Colorado state parks. ( 1 ) On or after January 1 , 20 1 1 , the
department shall issue Colorado state parks special license plates to qualified applicants in
accordance with this section for motorcycles, passenger cars, trucks, or noncommercial or
recreational motor vehicles that do not exceed sixteen thousand pounds empty weight.
(2) The foundation for Colorado state parks may design the special license plates. The
design for the special license plates shall conform with standards established by the
department and shall be subject to the department's approval.
(3) A person may apply for Colorado state parks special license plates if the person
pays the taxes and fees required under this section and provides to the department or an
authorized agent a certificate, issued by the foundation for Colorado state parks or a
successor organization, confirming that the person has donated forty-four dollars to the
foundation for Colorado state parks or a successor organization. All moneys collected
pursuant to this subsection (3) and all interest and income earned on the investment of such
moneys shall be expended on Colorado state parks projects and shall not be used for the
administration of the foundation for Colorado state parks or a successor organization. The
foundation for Colorado state parks or a successor organization shall hold the moneys
collected pursuant to this subsection (3) in a separate account from all other moneys and
retain the records of the expenditures of moneys collected pursuant to this subsection (3) for
at least three years after the expenditure is made.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for issuance or
replacement of each such license plate. The department shall transmit the one-time fee to
the state treasurer, who shall credit the same to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado state parks special license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue such license plates if the applicant complies with
section 42-3-211. If an applicant has existing personalized license plates for a motor
vehicle, the applicant may transfer the combination of letters or numbers to a new set of
Colorado state parks special license plates for the vehicle upon payment of the fee imposed
by section 42-3-21 1 (6) and upon turning in such existing plates to the department. A person
who has obtained personalized Colorado state parks special license plates under this
subsection (5) shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of
the personalized license plates. The fees imposed under this subsection (5) are in addition
to all other taxes and fees imposed for personalized Colorado state parks special license
(6) The department may stop issuing the Colorado state parks special license plate if
three thousand license plates are not issued by July 1, 2016. A person who was issued a
Colorado state parks special license plate on or before July 1, 2016, may continue to use the
plate after July 1, 2016.
Source: L. 2010: Entire section added, (SB 10-103), ch. 304, p. 1437, § 1, effective
August 11. L. 2011: (6) amended, (HB 11-1236), ch. 98, p. 289, § 12, effective April 8.
Title 42 - page 225 Registration, Taxation, and License Plates 42-3-235
42-3-234. Special plates - adopt a shelter pet (1) Beginning the earlier of January
1, 2011, or when the department is able to issue the plates created by this section, the
department shall issue special license plates to qualified applicants in accordance with this
section for motorcycles, passenger cars, trucks, and noncommercial or recreational motor
vehicles that do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the adopt a shelter pet special license plate.
(b) The design for the special license plate shall conform with standards established by
the department and shall be subject to the department's approval.
(3) A person may apply for an adopt a shelter pet special license plate if the person pays
the taxes and fees required under this section.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect the following fees and donations:
(a) A one-time, twenty-five-dollar fee for issuance or replacement of the license plate,
which fee shall be transmitted to the state treasurer, who shall credit the same to the
highway users tax fund created in section 43-4-201, C.R.S.;
(b) A one-time, thirty-dollar donation for issuance or replacement of the license plate,
which donation shall be transmitted to the state treasurer, who shall credit the same to the
adopt a shelter pet account in the pet overpopulation fund created in section 35-80-116.5,
C.R.S.; and
(c) An annual twenty-five-dollar license plate renewal donation, which donation shall
be transmitted to the state treasurer, who shall credit the same to the adopt a shelter pet
account in the pet overpopulation fund created in section 35-80-116.5, C.R.S.; except that
the department and its authorized agents may retain the portion of the donation necessary
to offset implementing this paragraph (c), up to a maximum of two dollars.
(5) An applicant may apply for personalized adopt a shelter pet special license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of adopt a shelter
pet special license plates for the vehicle upon payment of the fee imposed by section
42-3-211 (6) and upon turning in such existing plates to the department A person who has
obtained personalized adopt a shelter pet special license plates under this subsection (5)
shall pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of such
personalized plates. The fees under this subsection (5) are in addition to all other taxes and
fees imposed for personalized adopt a shelter pet special license plates.
(6) (a) The department shall retire the adopt a shelter pet license plate if three thousand
plates are not issued by July 1, 2016. A person who was issued an adopt a shelter pet license
plate on or before July 1, 2016, may continue to use the plate after July 1, 2016.
(b) (Deleted by amendment, L. 2011, (KB 11-1236), ch. 98, p. 289, § 13, effective
April 8, 2011.)
Source: L. 2010: Entire section added, (HB 10-1214), ch. 394, p. 1872, § 3, effective
August 11. L. 2011: (6) amended, (HB 11-1236), ch. 98, p. 289, § 13, effective April 8.
42-3-235. Livery license plates - luxury limousines. (1) The livery license plate is
hereby established. The plate consists of red letters on a white background and features the
words "Colorado** across the top and "Livery" across the bottom of the plate.
(2) (a) Except as provided in paragraphs (b) to (d) of this subsection (2), a person
providing luxury limousine service under article 10.1 of title 40, C.R.S., shall register the
motor vehicle used for such purposes pursuant to this article and display livery license
plates on the vehicle. Upon registration, the department shall issue livery license plates for
the vehicles in accordance with this section. The department shall not issue a livery license
plate unless the person either submits a verification document issued pursuant to section
40-10.1-303, C.R.S., or the public utilities commission electronically verifies the authori-
zation to provide luxury limousine service under section 40-10.1-303, C.R.S.
42-3-235.5 Vehicles and Traffic Title 42 - page 226
(b) A person providing luxury limousine service under article 10.1 of title 40, C.R.S.,
may provide such services without registering the motor vehicle or using livery license
plates if the motor vehicle is rented, but the person shall not provide such services using a
rented motor vehicle for more than thirty days.
(c) Repealed.
(d) If a motor vehicle is used to provide both taxicab services and luxury limousine
services, the department shall issue the motor vehicle a taxicab license plate in accordance
with section 42-3-236.
(3) Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue personalized livery license plates if
the applicant complies with section 42-3-211. If an applicant has existing personalized
license plates, the applicant may transfer the combination of letters or numbers to a new set
of special livery license plates upon paying the fee imposed by section 42-3-211 (6) (a) and
upon turning the existing plates in to the department. A person who has obtained person-
alized livery license plates under this subsection (3) shall pay the annual fee imposed by
section 42-3-211 (6) (b) for renewal of such personalized plates. The fees under this
subsection (3) are in addition to all other taxes and fees imposed for the livery license plates.
(4) No person shall operate a motor vehicle with a livery license plate or temporary
livery license plate unless the motor vehicle to which the plates are attached is required by
subsection (2) of this section to bear livery license plates. A person who violates this section
commits a class B traffic infraction, punishable by a fine of seventy-five dollars.
(5) If the person who owns the motor vehicle with livery plates is not the same person
under whose authority the motor vehicle operates pursuant to article 10.1 of title 40, C.R.S.,
the person with such authority may request that the department of revenue require the plate
to be replaced. Upon a request being made, the department shall require the owner to return
the livery license plate and be issued a new license plate.
(6) This section is effective January 1, 2011.
Source: L. 2010: Entire section added, (HB 10-1161), ch. 319, p. 1484, § 2, effective
August 11. L. 2011: (2)(a) amended and (2)(d) added, (HB 11-1234), ch. 142, p. 496, § 3,
effective July 1; (2)(a), (2)(b), and (5) amended, (HB 11-1198), ch. 127, p. 424, § 23,
effective August 10.
Editor's note: (1) Amendments to subsection (2)(a) by House Bill 11-1198 and House Bill
11-1234 were harmonized.
(2) Subsection (2)(c) provided for the repeal of subsection (2)(c), effective January 1, 2012. (See
L. 2010, p. 319.)
42-3-235.5. Tow truck license plates - conditions for use - transitional provisions -
repeal. (1) The tow truck license plate is hereby established. The plate consists of black
letters on a yellow background and features the words "Colorado" across the top and "Tow
Truck" across the bottom of the plate.
(2) A person who is authorized to operate as a towing carrier under article 10.1 of title
40, C.R.S., shall register a motor vehicle used for towing purposes under this article and
display either tow truck license plates or apportioned plates on the vehicle. Upon registra-
tion, the department shall issue tow truck license plates for the vehicle in accordance with
this section. The department shall not issue tow truck license plates unless the person either
submits a verification document or the public utilities commission electronically verifies the
authorization as provided in section 40-10.1-402, C.R.S.
(3) (a) A person providing towing carrier services using a motor vehicle that was
registered on January 1, 2013, is not required to obtain tow truck license plates until the
vehicle is scheduled for renewal of the current registration. Upon renewing a registration for
a tow truck registered under this article, the department shall issue tow truck license plates
for the vehicle in accordance with this section.
(b) This subsection (3) is repealed, effective January 1, 2014.
Title 42 - page 227 Registration, Taxation, and License Plates 42-3-236
(4) A person shall not operate a motor vehicle with tow truck license plates or
temporary tow truck license plates unless the motor vehicle to which the plates are attached
is required by subsection (2) of this section to bear tow truck license plates.
(5) If the person who owns the motor vehicle with tow truck license plates is not the
person under whose authority the motor vehicle operates under article 10.1 of tide 40,
C.R.S., the person with the authority may request that the department require the plates to
be replaced. Within thirty days after receiving the request, the department shall require the
owner of the motor vehicle to return the tow truck license plates and be issued new license
plates. The owner of the motor vehicle shall surrender the tow truck license plates to the
department within ten days after receiving notice from the department unless the owner of
the motor vehicle obtains authority to operate a tow truck under part 4 of article 10.1 of title
40, C.R.S., either directly or as an agent, and either the person submits a verification
document or the public utilities commission electronically verifies the authorization as
provided in section 40-10.1-402, C.R.S.
(6) A person who violates this section commits a class B traffic infraction, punishable
by a fine of seventy-five dollars.
(7) This section is effective January 1, 2013.
Source: L. 2012: Entire section added, (HB 12-1327), ch. 217, p. 933, § 4, effective
May 24.
Editor's note: Section 6 of chapter 217, Session Laws of Colorado 2012, provides that the act
adding this section applies to towing carriers that applied for permits on, before, or after May 24,
2012.
42-3-236. Taxicab license plates - taxicabs - repeat (1) The taxicab license plate is
hereby established. The plate consists of black letters on a yellow background and features
the words "Colorado" across the top and "taxicab" across the bottom of the plate.
(2) A person who is authorized to provide taxicab service under article 10. 1 of title 40,
C.R.S., shall register a motor vehicle used for taxicab purposes under this article and display
taxicab license plates on the vehicle. Upon registration, the department shall issue taxicab
license plates for the vehicle in accordance with this section. The department shall not issue
a taxicab license plate unless the person either submits a verification document or the public
utilities commission electronically verifies the authorization as provided in section 40-10.1-
207,C.R.S.
(3) A person providing taxicab services using a motor vehicle that was registered on
January 1, 2012, is not required to obtain taxicab license plates until the vehicle is scheduled
for renewal of the current registration. Upon renewing a registration for a taxicab registered
under this article, the department shall issue taxicab license plates for the vehicle in
accordance with this section. This subsection (3) is repealed, effective January 1, 2013.
(4) A person shall not operate a motor vehicle with a taxicab license plate or temporary
taxicab license plate unless the motor vehicle to which the plates are attached is required by
subsection (2) of this section to bear taxicab license plates.
(5) If the person who owns the motor vehicle with taxicab license plates is not the
person under whose authority the motor vehicle operates under article 10.1 of title 40,
C.R.S., the person with the authority may request that the department of revenue require the
plate to be replaced. Within thirty days after receiving the request, the department shall
require the owner of the motor vehicle to return the taxicab license plate and be issued a
new license plate. The owner of the motor vehicle shall surrender the taxicab license plate
to the department within ten days after receiving notice from the department unless the
owner of the motor vehicle obtains authority to operate a taxicab under part 2 of article 10. 1
of title 40, C.R.S., either directly or as an agent, and either the person submits a verification
document or the public utilities commission electronically verifies the authorization as
provided in section 40-10.1-207, C.R.S.
(6) A person who violates this section commits a class B traffic infraction, punishable
by a fine of seventy-five dollars.
(7) This section is effective January 1, 2012.
42-3-237 Vehicles and Traffic Title 42 - page 228
Source: L. 2011: Entire section added, (HB 11-1234), ch. 142, p. 496, § 5, effective
July 1.
42-3-237. Special plates - girl scouts. (1) Beginning January 1, 2012, the department
shall issue special license plates to qualified applicants in accordance with this section for
motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that
do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the girl scouts centennial special license plate.
(b) The girl scouts of Colorado may design the girl scouts centennial special license
plate, but the plate must conform with standards established by the department.
(3) A person may apply for a special license plate under this section if the person pays
the taxes and fees required by this section.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees specified for regular motor vehicle license plates;
except that the department shall collect a one-time fee of twenty-five dollars for the issuance
or replacement of each such license plate. The department shall transmit the additional
one-time fee to the state treasurer, who shall credit the same to the highway users tax fund
created in section 43-4-201, C.R.S.
(5) An applicant may apply for personalized special license plates created by this
section. Upon payment of the additional fee required by section 42-3-211 (6) (a) for
personalized license plates, the department may issue such plates if the applicant complies
with section 42-3-211. If an applicant has existing personalized license plates for a motor
vehicle, the applicant may transfer the combination of letters or numbers to a new set of
special license plates created by this section for the vehicle upon paying the fee imposed by
section 42-3-21 1 (6) (a) and upon turning in such existing plates to the department. A person
who has obtained personalized special license plates under this subsection (5) shall pay the
annual fee imposed by section 42-3-21 1 (6) (b) for renewal of such personalized plates. The
fees under this subsection (5) are in addition to all other taxes and fees imposed for the
special license plates created by this section.
(6) The department may stop issuing the girl scouts centennial special license plate if
three thousand license plates are not issued by July 1, 2017. A person who was issued the
plate on or before July 1, 2017, may continue to use the plate after July 1, 2017.
Source: L. 2011: Entire section added, (SB 11-197), ch. 291, p. 1355, § 1, effective
August 10.
42-3-238. Special plates - juvenile diabetes. (1) Beginning the earlier of January 1,
2012, or when the department is able to issue the plates, the department shall issue special
license plates to qualified applicants under this section for motorcycles, passenger cars,
trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand
pounds empty weight.
(2) (a) There is hereby established the juvenile diabetes special license plate. The
department may stop issuing the juvenile diabetes special license plate if three thousand
license plates are not issued by July 1, 2014. A person may continue to use the juvenile
diabetes special license plate after July 1, 2014.
(b) The juvenile diabetes research foundation may design the special license plate. The
design for the special license plate must conform with standards established by the
department and is subject to the department's approval.
(3) A person may apply for a juvenile diabetes special license plate if the person pays
the taxes and fees required under this section.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of each such license plate. The department shall transmit the additional one-time fee
to the state treasurer, who shall credit the fee to the highway users tax fund created in
section 43-4-201, C.R.S.
Title 42 - page 229 Registration, Taxation, and License Plates 42-3-240
(5) An applicant may apply for personalized juvenile diabetes special license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of juvenile
diabetes special license plates for the vehicle upon paying the fee required by section
42-3-211 (6) (a) and upon turning in the existing plates to the department. A person who has
obtained personalized juvenile diabetes special license plates under this subsection (5) shall
pay the annual fee imposed by section 42-3-211 (6) (b) for renewal of such personalized
plates. The fees under this subsection (5) are in addition to all other applicable taxes and
Source: L. 2011: Entire section added, (HB 11-1166), ch. 276, p. 1241, § 1, effective
August 10.
42-3-239, Special plates - Colorado Avalanche or Denver Nuggets. (1) Beginning
the earlier of January 1, 2012, or when the department is able to issue the plates, the
department shall issue special license plates to qualified applicants under this section for
motorcycles, passenger cars, trucks, or noncommercial or recreational motor vehicles that
do not exceed sixteen thousand pounds empty weight.
(2) (a) There is hereby established the Colorado Avalanche and Denver Nuggets
special license plates. The department may stop issuing either the Colorado Avalanche or
Denver Nuggets special license plate if a total of three thousand license plates, of either
design, are not issued by July 1, 2016. A person may continue to use either the Colorado
Avalanche or Denver Nuggets special license plate after July 1, 2016.
(b) Kroenke sports charities may design the special license plates, but the design must
conform with standards established by the department.
(3) (a) A person may apply for a Colorado Avalanche or Denver Nuggets special
license plate if the person pays the taxes and fees required under this section and provides
to the department or an authorized agent a certificate, issued by Kroenke sports charities or
its successor organization, confirming that the applicant has donated forty-five dollars to
Kroenke sports charities.
(b) Kroenke sports charities, or its successor organization, shall file with the department
an annual statement verifying that it is a nonprofit organization.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of each such license plate. The department shall transmit the additional one-time fee
to the state treasurer, who shall credit the fee to the highway users tax fund created in
section 43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado Avalanche or Denver Nuggets
special license plates. Upon payment of the additional fee required by section 42-3-211 (6)
(a) for personalized license plates, the department may issue the plates if the applicant
complies with section 42-3-211. If an applicant has existing personalized license plates for
a motor vehicle, the applicant may transfer the combination of letters or numbers to a new
set of Colorado Avalanche or Denver Nuggets special license plates for the vehicle upon
paying the fee required by section 42-3-211 (6) (a) and upon turning in the existing plates
to the department. A person who has obtained personalized Colorado Avalanche or Denver
Nuggets special license plates under this subsection (5) shall pay the annual fee imposed by
section 42-3-211 (6) (b) for renewal of the personalized plates. The fees under this
subsection (5) are in addition to all other applicable taxes and fees.
Source: L. 2011: Entire section added, (HB 11-1316), ch. 192, p. 738, § 1, effective
August 10.
42-3-240. Special plates - Craig hospital. (1) Beginning the earlier of January 1,
2012, or when the department is able to issue the plates, the department shall issue special
42-3-241 Vehicles and Traffic Title 42 - page 230
license plates to qualified applicants under this section for motorcycles, passenger cars,
trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand
pounds empty weight.
(2) (a) There is hereby established the Craig hospital special license plate. The
department may stop issuing the Craig hospital special license plate if three thousand
license plates are not issued by July 1, 2016. A person may continue to use the Craig
hospital special license plate after July 1, 2016.
(b) Craig hospital may design the special license plates, but the design must conform
with standards established by the department.
(3) (a) A person may apply for a Craig hospital special license plate if the person pays
the taxes and fees required under this section and provides to the department or an
authorized agent a certificate, issued by Craig hospital or its successor organization,
confirming that the applicant has donated twenty dollars to Craig hospital.
(b) Craig hospital, or its successor organization, shall file with the department an annual
statement verifying that it is a nonprofit organization.
(4) The amount of the taxes and fees for special license plates under this section is the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of each such license plate. The department shall transmit the additional one-time fee
to the state treasurer, who shall credit the fee to the highway users tax fund created in
section 43-4-201, C.R.S.
(5) An applicant may apply for personalized Craig hospital license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue such plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of Craig hospital
special license plates for the vehicle upon paying the fee required by section 42-3-211 (6)
(a) and upon turning in such existing plates to the department. A person who has obtained
personalized Craig hospital special license plates under this subsection (5) shall pay the
annual fee imposed by section 42-3-21 1 (6) (b) for renewal of such personalized plates. The
fees under this subsection (5) are in addition to all other applicable taxes and fees.
Source: L. 2011: Entire section added, (HB 11-1298), ch. 251, p. 1090, § 1, effective
August 10.
42-3-241. Special plates - Colorado Rockies. ( 1 ) Beginning the earlier of January 1 ,
2013, or when the department is able to issue the plates, the department shall issue special
license plates to qualified applicants under this section for motorcycles, passenger cars,
trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand
pounds empty weight.
(2) (a) There is hereby established the Colorado Rockies special license plate. The
department may stop issuing the Colorado Rockies special license plate if a total of three
thousand license plates are not issued by July 1, 2017. A person who was issued a Colorado
Rockies special license plate on or before July 1, 2017, may continue to use the Colorado
Rockies special license plate after July 1, 2017, regardless of whether the department stops
issuing the special license plate.
(b) The Colorado Rockies baseball club foundation may design the special license plate
if the plate conforms with standards established by the department.
(3) (a) A person may apply for a Colorado Rockies special license plate if the person
pays the taxes and fees required under this section and provides to the department or an
authorized agent a certificate, issued by the Colorado Rockies baseball club foundation, or
its successor organization, confirming that the applicant has donated fifty-two dollars and
eighty cents to the foundation.
(b) The Colorado Rockies baseball club foundation, or its successor organization, shall
file with the department an annual statement verifying that it is a nonprofit organization.
(4) The amount of the taxes and fees for special license plates under this section are the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
Title 42 - page 231 Registration, Taxation, and License Plates 42-3-242
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of the license plate. The department shall transmit the additional one-time fee to the
state treasurer, who shall credit the fee to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized Colorado Rockies special license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue the plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of Colorado
Rockies special license plates for the vehicle upon paying the fee required by section
42-3-21 1 (6) (a) and upon turning in the existing plates to the department. A person who has
obtained personalized Colorado Rockies license plates under this subsection (5) shall pay
the annual fee imposed by section 42-3-211 (6) (b) for renewal of the personalized plates.
The fees under this subsection (5) are in addition to all other applicable taxes and fees.
Source: L. 2012: Entire section added, (HB 12-1295), ch. 89, p. 290, § 1, effective
August 8.
42-3-242. Special plates - fallen heroes. (1) Beginning the earlier of January 1,
2013, or when the department is able to issue the plates, the department shall issue special
license plates to qualified applicants under this section for motorcycles, passenger cars,
trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand
pounds empty weight.
(2) (a) There is hereby established the fallen heroes special license plate. The depart-
ment may stop issuing the fallen heroes special license plate if a total of three thousand
license plates are not issued by July 1, 2017. A person who was issued a fallen heroes
special license plate on or before July 1, 2017, may continue to use the fallen heroes special
license plate after July 1, 2017, regardless of whether the department stops issuing the
special license plate.
(b) The Colorado chapter of the concerns of police survivors, inc., may design the
special license plate if the plate conforms with standards established by the department.
(3) (a) A person may apply for a fallen heroes license plate if the person pays the taxes
and fees required under this section and provides to the department or an authorized agent
a certificate, issued by the Colorado chapter of the concerns of police survivors, inc., or its
successor organization, confirming that the applicant has donated fifty dollars to the
Colorado chapter of the concerns of police survivors, inc.
(b) The Colorado chapter of the concerns of police survivors, inc., or its successor
organization, shall file with the department an annual statement verifying that it is a
nonprofit organization.
(4) The amount of the taxes and fees for special license plates under this section are the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of the license plate. The department shall transmit the additional one-time fee to the
state treasurer, who shall credit the fee to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized fallen heroes special license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue the plates if the applicant complies with section 42-3-211.
If an applicant has existing personalized license plates for a motor vehicle, the applicant
may transfer the combination of letters or numbers to a new set of fallen heroes special
license plates for the vehicle upon paying the fee required by section 42-3-211 (6) (a) and
upon turning in the existing plates to the department. A person who has obtained person-
alized fallen heroes special license plates under this subsection (5) shall pay the annual fee
imposed by section 42-3-211 (6) (b) for renewal of the personalized plates. The fees under
this subsection (5) are in addition to all other applicable taxes and fees.
42-3-243 Vehicles and Traffic Title 42 - page 232
Source: L. 2012: Entire section added, (HB 12-1023), ch. 134, p. 460, § 1, effective
August 8.
42-3-243. Special plates - child loss awareness. ( 1 ) Beginning the earlier of January
1, 2013, or when the department is able to issue the plates, the department shall issue special
license plates to applicants under this section for motorcycles, passenger cars, trucks, or
noncommercial or recreational motor vehicles that do not exceed sixteen thousand pounds
empty weight.
(2) (a) There is hereby established the child loss awareness license plate. The depart-
ment may stop issuing the child loss awareness special license plate if a total of three
thousand license plates are not issued by July 1, 2017. A person who was issued a child loss
awareness special license plate on or before July 1, 2017, may continue to use the child loss
awareness special license plate after July 1, 2017, regardless of whether the department
stops issuing the special license plate.
(b) The Rowan tree foundation may design the special license plates if the design
conforms with standards established by the department.
(3) A person may apply for a child loss awareness license plate if the person pays the
taxes and fees required under this section.
(4) The amount of the taxes and fees for special license plates under this section are the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of the license plate. The department shall transmit the additional one-time fee to the
state treasurer, who shall credit the fee to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized child loss awareness license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue the plates if the applicant complies with section 42-3-211.
If an applicant has existing personalized license plates for a motor vehicle, the applicant
may transfer the combination of letters or numbers to a new set of child loss awareness
license plates for the vehicle upon paying the fee required by section 42-3-211 (6) (a) and
upon turning in the existing plates to the department. A person who has obtained person-
alized child loss awareness license plates under this subsection (5) shall pay the annual fee
imposed by section 42-3-211 (6) (b) for renewal of the personalized plates. The fees under
this subsection (5) are in addition to all other applicable taxes and fees.
Source: L. 2012: Entire section added, (HB 12-1131), ch. 146, p. 526, § 1, effective
August 8.
42-3-244. Special plates - flight for life Colorado. (1) Beginning the earlier of
January 1, 2013, or when the department is able to issue the plates, the department shall
issue special license plates to qualified applicants under this section for motorcycles,
passenger cars, trucks, or noncommercial or recreational motor vehicles that do not exceed
sixteen thousand pounds empty weight.
(2) (a) There is hereby established the flight for life Colorado license plate. The
department may stop issuing the flight for life Colorado license plate if a total of three
thousand license plates are not issued by July 1, 2017. A person who was issued a flight for
life Colorado license plate on or before July 1, 2017, may continue to use the plate after July
1, 2017, regardless of whether the department stops issuing the license plate.
(b) Flight for life Colorado may design the special license plate if the plate conforms
with standards established by the department.
(3) (a) A person may apply for a flight for life Colorado license plate if the person pays
the taxes and fees required under this section and provides to the department or an
authorized agent a certificate issued by flight for life Colorado, or its successor organization,
confirming mat the applicant has donated twenty-five dollars to flight for life Colorado.
(b) Flight for life Colorado, or its successor organization, shall file with the department
an annual statement verifying that it is a nonprofit organization.
Title 42 - page 233 Registration, Taxation, and License Plates 42-3-245
(4) The amount of the taxes and fees for special license plates under this section are the
same as the amount of the taxes and fees for regular motor vehicle license plates; except that
the department shall collect a one-time fee of twenty-five dollars for issuance or replace-
ment of the license plate. The department shall transmit the additional one-time fee to the
state treasurer, who shall credit the fee to the highway users tax fund created in section
43-4-201, C.R.S.
(5) An applicant may apply for personalized flight for life Colorado license plates.
Upon payment of the additional fee required by section 42-3-211 (6) (a) for personalized
license plates, the department may issue the plates if the applicant complies with section
42-3-211. If an applicant has existing personalized license plates for a motor vehicle, the
applicant may transfer the combination of letters or numbers to a new set of flight for life
Colorado license plates for the vehicle upon paying the fee required by section 42-3-21 1 (6)
(a) and upon turning in the existing plates to the department. A person who has obtained
personalized flight for life Colorado license plates under this subsection (5) shall pay the
annual fee imposed by section 42-3-211 (6) (b) for renewal of the personalized plates. The
fees under this subsection (5) are in addition to all other applicable taxes and fees.
Source: L. 2012: Entire section added, (HB 12-1302), ch. 215, p. 926, § 1, effective
August 8.
42-3-245. Special plates - wildlife sporting. (1) Beginning the earlier of January 1,
2013, or when the department is able to issue the plates, the department shall issue special
license plates to qualified applicants under this section for motorcycles, passenger cars,
trucks, or noncommercial or recreational motor vehicles that do not exceed sixteen thousand
pounds empty weight; except that the department shall not issue the license plate until the
proponents comply with section 42-3-207 (2).
(2) (a) There is hereby established the wildlife sporting license plate. The department
may stop issuing the license plate if a total of three thousand license plates are not issued
by July 1, 2017. A person who was issued a license plate on or before July 1, 2017, may
continue to use the license plate after July 1, 2017, regardless of whether the department
stops issuing the special license plate.
(b) The division of parks and wildlife may design the special license plate in consul-
tation with sportsmen's advisory groups. The plate must conform with standards established
by the department.
(3) A person may apply for a wildlife sporting license plate if the person pays the taxes
and fees required under this section.
(4) (a) The amount of the taxes and fees for special license plates under this section is
the same as the amount of the taxes and fees specified for regular motor vehicle license
plates; except that the department shall collect the following fees:
(I) A one-time, twenty-five-dollar fee for issuance or replacement of the license plate,
which fee the department shall transmit to the state treasurer, who shall credit the same to
the highway users tax fund created in section 43-4-201, C.R.S.;
(II) A one-time, ten-dollar fee for issuance or replacement of the wildlife sporting
license plate, which fee the department shall transmit to the state treasurer, who shall credit
the same to the wildlife cash fund created in section 33-1-112, C.R.S.; and
(ID) An annual twenty-five-dollar renewal fee, which the department shall transmit to
the state treasurer, who shall credit the same to the wildlife cash fund created in section
33-1-112, C.R.S.; except that the department and its authorized agents may retain the
portion of the fee necessary to offset implementing this subparagraph (in), up to a
maximum of two dollars.
(b) The division of parks and wildlife shall use the money from fees paid under
subparagraphs (II) and (HI) of paragraph (a) of this subsection (4) for the following
purposes:
(I) Providing grants to create and enhance shooting ranges and areas throughout
Colorado to increase public recreational shooting opportunities, including hunter education,
marksmanship training, and youth shooting;
42-3-301 Vehicles and Traffic Title 42 - page 234
(II) Providing grants to local and county governments, park and recreation departments,
water districts, angling organizations, and others for projects to improve fishing opportu-
nities in Colorado.
(5) An applicant may apply for personalized wildlife sporting license plates. Upon
payment of the additional fee required by section 42-3-211 (6) (a) for personalized license
plates, the department may issue the plates if the applicant complies with section 42-3-211.
If an applicant has existing personalized license plates for a motor vehicle, the applicant
may transfer the combination of letters or numbers to a new set of wildlife sporting license
plates for the vehicle upon paying the fee required by section 42-3-211 (6) (a) and upon
turning in the existing plates to the department. A person who has obtained personalized
wildlife sporting license plates under this subsection (5) shall pay the annual fee imposed
by section 42-3-211 (6) (b) for renewal of the personalized plates. The fees under this
subsection (5) are in addition to all other applicable taxes and fees.
Source: L. 2012: Entire section added, (HB 12-1275), ch. 194, p. 773, § 1, effective
August 8.
PART 3
FEES AND CASH FUNDS
42-3-301. License plate cash fund - license plate fees. (1) (a) In addition to the
payment of any fees for motor vehicle registration or for the issuance of license plates,
decals, or validating tabs, each owner of a motor vehicle issued a license plate, decal, or
validating tab for a motor vehicle pursuant to this article shall also pay a fee to cover the
direct costs of such plates, decals, or tabs. The amount of the fee imposed pursuant to this
section shall be as specified in paragraph (b) of subsection (2) of this section.
(b) Fees collected pursuant to this section shall be transmitted to the state treasurer, who
shall credit the same to the license plate cash fund, which fund is hereby created. The fund
shall be administered by the department through June 30, 2005, and by the state treasurer
thereafter. Moneys in the fund shall be appropriated by the general assembly for the direct
costs incurred by the department in purchasing, as provided in section 17-24-109.5 (2),
C.R.S., license plates, decals, and validating tabs from the division of correctional indus-
tries, referred to in this section as the "division 9 *, in the department of corrections, and
issuing license plates pursuant to this article. At the end of each fiscal year, any unexpended
and unencumbered moneys remaining in the fund shall revert to the highway users tax fund
created in section 43-4-201 (1) (a), C.R.S., and shall be allocated and expended as specified
in section 43-4-205 (5.5) (b), C.R.S.
(2) (a) The fees imposed pursuant to subsection (1) of this section shall be limited to
the amount necessary to recover the costs of the production and distribution of any license
plates, decals, or validating tabs issued pursuant to this article and the related support
functions provided to the department of revenue by the division. The correctional industries
advisory committee, established pursuant to section 17-24-104 (2), C.R.S., shall annually
review and recommend to the director of the division the amounts of the fees to be imposed
pursuant to subsection (1) of this section. The director of the division, in cooperation and
consultation with the department of revenue and the office of state planning and budgeting,
shall annually establish the amounts of the fees imposed pursuant to subsection (1) of this
section to recover the division's costs pursuant to this subsection (2). On or before March
1, 2010, and on or before March 1 every five years thereafter, the director of the division
shall file a written report with the transportation and energy committee of the house of
representatives, or any successor committee, and the transportation committee of the senate,
or any successor committee, concerning any change within the preceding five years in the
amount of the fee imposed pursuant to subsection (1) of this section and the reason for the
change in the fee.
(b) Notwithstanding any other provision of this article, with the exception of special
license plates issued pursuant to section 42-3-213 for purple heart recipients, medal of valor
recipients, former prisoners of war, survivors of the attack on Pearl Harbor, disabled
Title 42 - page 235 Registration, Taxation, and License Plates 42-3-303
veterans, or recipients of a medal of honor, the fees imposed by this subsection (2) shall
apply to all other special license plates issued in accordance with this article.
Source: L. 2005: (1) amended, p. 143, § 9, effective April 5; entire article amended with
relocations, p. 1134, § 2, effective August 8. L. 2006: (2)(a)(E) amended, p. 2038, § 2,
effective August 7; (2)(a)(n> amended, p. 1485, § 2, effective August 7; (2)(a)(II) amended,
p. 1068, § 2, effective August 7; (2Kb) amended, p. 921, § 3, effective January 1, 2007;
(2)(a)(D) amended, p. 1623, § 2, effective July 1, 2007. L. 2007: (2)(a)(II) amended, p.
968, § 2, effective August 3; (2)(a)(H) amended, p. 2076, § 2, effective August 3. L. 2008:
(2)(a)(H) amended, p. 2272, § 3, effective January 1, 2009. L. 2009: (1Kb) and (2)(a)
amended, (HB 09-1133), ch. 307, p. 1654, § 1, effective August 5; (2)(a)(Vm) amended,
(HB 09-1026), ch. 281, p. 1267, § 28, effective October 1.
Editor's note: (1) This section is similar to former § 42-3-113 as it existed prior to 2005.
(2) Subsection (1) was originally numbered as § 42-3-1 13 (6), and the amendments to it in Senate
Bill 05-041 were harmonized with § 42-3-301 (1) as it appears in House Bill 05-1107.
(3) Amendments to subsection (2)(a)(II) by House Bill 06-1339, Senate Bill 06-080, and House
Bill 06-1404 were harmonized, effective August 7, 2006, and those amendments were harmonized
with Senate Bill 06-100, effective July 1, 2007.
(4) Amendments to subsection (2)(a)(II) by House Bill 07-1120 and Senate Bill 07-067 were
harmonized.
(5) Amendments to subsection (2)(a)(Vm) by House Bill 09-1026 were superseded by the
amendments to subsection (2)(a) in House Bill 09-1133.
42-3-302, Special plate fees. (1) The fees collected pursuant to sections 42-3-213
and 42-3-217 for the issuance of a license plate pursuant to sections 42-3-213 (9) and
42-3-217 shall be transmitted to the state treasurer, who shall credit the same to the license
plate cash fund created in section 42-3-301.
(2) The executive director of the department shall make an annual report by March 1
of each year to the general assembly. Such report shall be open for public inspection and
shall include:
(a) A summary of the department's activities for the previous year;
(b) A statement of plate revenues;
(c) Information regarding special plate purchases;
(d) Expenses of the department;
(e) Allocation of remaining revenues; and
(f) Any recommendations for changes in statutes that the executive director deems
necessary or desirable.
Source: L. 2005: Entire article amended with relocations, p. 1135, § 2, effective August
8.
Editor's note: This section is similar to former § 42-3-122.5 as it existed prior to 2005.
42-3-303. Persistent drank driver cash fond - programs to deter persistent drank
drivers. (1) There is hereby created in the state treasury the persistent drunk driver cash
fund, which shall be composed of moneys collected for penalty surcharges under section
42-4-1307 (10) (b). The moneys in the fund are subject to annual appropriation by the
general assembly:
(a) To pay the costs incurred by the department concerning persistent drunk drivers
under sections 42-2-126 (10) and 42-7-406 (1.5);
(b) To pay for costs incurred by the department for computer programing changes
related to treatment compliance for persistent drunk drivers pursuant to section 42-2-144;
(c) (I) To support programs that are intended to deter persistent drunk driving or
intended to educate the public, with particular emphasis on the education of young drivers,
regarding the dangers of persistent drunk driving.
42-3-304 Vehicles and Traffic Title 42 - page 236
(II) The departments of transportation, revenue, and human services and the judicial
branch shall coordinate programs intended to accomplish the goals described in subpara-
graph (I) of this paragraph (c).
(d) On and after July 1, 2007, to pay a portion of the costs for intervention or treatment
services required under sections 42-2-125, 42-2-126, 42-2-132, 42-2-132.5, and 42-4-
1301.3 for a persistent drunk driver, as defined in section 42-1-102 (68.5), who is unable to
pay for the required intervention or treatment services;
(e) To assist in providing court-ordered alcohol treatment programs for indigent and
incarcerated offenders;
(f) To assist in providing approved ignition interlock devices, as defined in section
42-2-132.5 (9) (a), for indigent offenders; and
(g) To assist in providing continuous monitoring technology or devices for indigent
offenders.
Source: L. 2005: Entire article amended with relocations, p. 1135, § 2, effective August
8. L. 2006: Entire section amended, p. 1369, § 8, effective January 1, 2007. L. 2008:
(l)(a) amended, p. 252, § 19, effective July 1. L. 2010: (l)(c)(II) amended and (l)(e),
(l)(f), and (l)(g) added, (HB 10-1347), ch. 258, p. 1158, § 4, effective July 1. L. 2011:
IP(1) amended, (HB 11-1268), ch. 267, p. 1221, § 5, effective June 2; IP(1) amended, (HB
11-1303), ch. 264, p. 1182, § 109, effective August 10. L. 2012: IP(1) and (l)(f) amended,
(HB 12-1168), ch. 278, p. 1484, § 7, effective August 8.
Editor's note: This section is similar to former § 42-3-130.5 as it existed prior to 2005.
42-3-304. Registration fees - passenger and passenger-mile taxes - clean screen
fund - repeal. (1) (a) In addition to other fees specified in this section, an applicant shall
pay a motorist insurance identification fee in an amount determined by paragraph (d) of
subsection (18) of this section when applying for registration or renewal of registration of
a motor vehicle under this article.
(b) The following vehicles are exempt from the motorist insurance identification fee:
(1) Vehicles that are exempt from registration fees under this section or are owned by
persons who have qualified as self-insured pursuant to section 10-4-624, C.R.S.
(II) Repealed.
(c) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 8, effective May
1, 2009.)
(2) With respect to passenger-carrying motor vehicles, the weight used in computing
annual registration fees shall be that weight published by the manufacturer in approved
manuals, and, in case of a dispute over the weight of such vehicle, the actual weight
determined by weighing such vehicle on a certified scale, as provided in section 35-14-122
(6), C.R.S., shall be conclusive. With respect to all other vehicles, the weight used in
computing annual registration fees shall be the empty weight, determined by weighing such
vehicle on a certified scale or in the case of registration fees imposed pursuant to section
42-3-306 (5), the declared gross vehicle weight of the vehicle declared by the owner at the
time of registration.
(3) No fee shall be payable for the annual registration of a vehicle when:
(a) The owner of such vehicle is a veteran who in an application for registration shows
that the owner has established such owner's rights to benefits under the provisions of Public
Law 663, 79th Congress, as amended, and Public Law 187, 82nd Congress, as amended, or
is a veteran of the armed forces of the United States who incurred a disability and who is,
at the date of such application, receiving compensation from the veterans administration or
any branch of the armed forces of the United States for a fifty percent or more, service-
connected, permanent disability, or for loss of use of one or both feet or one or both hands,
or for permanent impairment or loss of vision in both eyes that constitutes virtual or actual
blindness. The exemption provided in this paragraph (a) shall apply to the original
qualifying vehicle and to any vehicle subsequently purchased and owned by the same
veteran but shall not apply to more than one vehicle at a time.
Title 42 - page 237 Registration, Taxation, and License Plates 42-3-304
(b) The application for registration shows that the owner of such vehicle is a foreign
government or a consul or other official representative of a foreign government duly
recognized by the department of state of the United States government. License plates for
the vehicles qualifying for the exemption granted in this paragraph (b) shall be issued only
by the department and shall bear such inscription as may be required to indicate their status.
(c) The owner of such vehicle is the state or a political or governmental subdivision
thereof; but any such vehicle that is leased, either by the state or any political or
governmental subdivision thereof, shall be exempt from payment of an annual registration
fee only if the agreement under which it is leased has been first submitted to the department
and approved, and such vehicle shall remain exempt from payment of an annual registration
fee only so long as it is used and operated in strict conformity with such approved
agreement.
(d) The owner of such vehicle is a former prisoner of war being issued special plates
pursuant to section 42-3-213 (3) or is the surviving spouse of a former prisoner of war
retaining the special plates that were issued to such former prisoner of war pursuant to
section 42-3-213 (3).
(e) The owner of such vehicle is the recipient of a purple heart being issued special
plates pursuant to section 42-3-213 (2).
(f) The owner of such vehicle is a recipient of a medal of honor issued special plates
pursuant to section 42-3-213 (7).
(g) The owner of the vehicle is a recipient of a medal of valor and is issued special
license plates pursuant to section 42-3-213 (10).
(h) The owner of the vehicle survived the attack on Pearl Harbor and is issued special
license plates pursuant to section 42-3-213 (6).
(4) Upon registration, the owner of each motorcycle shall pay a surcharge of four
dollars, which shall be credited to the motorcycle operator safety training fund created in
section 43-5-504, C.R.S.
(5) In lieu of registering each vehicle separately, a dealer in motorcycles shall pay to the
department an annual registration fee of twenty-five dollars for the first license plate issued
pursuant to section 42-3-116 (1), a fee of seven dollars and fifty cents for each additional
license plate so issued up to and including five such plates, and a fee of ten dollars for each
license plate so issued in excess of five.
(6) In lieu of registering each vehicle separately:
(a) A dealer in motor vehicles, trailers, and semitrailers, except dealers in motorcycles,
shall pay to the department an annual fee of thirty dollars for the first license plate issued
pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each
additional license plate so issued up to and including five, and a fee of ten dollars for each
license plate so issued in excess of five; and
(b) A manufacturer of motor vehicles shall pay to the department an annual fee of thirty
dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven
dollars and fifty cents for each additional license plate so issued up to and including five,
and a fee of ten dollars for each additional license plate issued.
(7) (a) Every drive-away or tow-away transporter shall apply to the department for the
issuance of license plates mat may be transferred from one vehicle or combination to
another vehicle or combination for delivery without further registration. The annual fee
payable for the issuance of such plates shall be thirty dollars for the first set and ten dollars
for each additional set. No transporter shall permit such license plates to be used upon a
vehicle that is not in transit, or upon a work or service vehicle, including a service vehicle
utilized regularly to haul vehicles, or by any other person.
(b) Each such transporter shall keep a written record of all vehicles transported,
including the description thereof and the names and addresses of the consignors and
consignees, and a copy of such record shall be carried in every driven vehicle; except that,
when a number of vehicles are being transported in convoy* such copy, listing all the
vehicles in the convoy, may be carried in only the lead vehicle in the convoy.
(c) This subsection (7) shall not apply to a nonresident engaged in interstate or foreign
commerce if such nonresident is in compliance with the in-transit laws of the state of his
or her residence and if such state grants reciprocal exemption to Colorado residents. The
42-3-304 Vehicles and Traffic Title 42 - page 238
department may enter into reciprocal agreements with any other state or states containing
such reciprocal exemptions or may issue written declarations as to the existence of any such
reciprocal agreements.
(8) (a) Subsections (5), (6) (a), and (7) of this section shall not apply to a motor
vehicle, trailer, or semitrailer operated by a dealer or transporter for such dealer's or
transporter's private use or to a motor vehicle bearing full-use dealer plates issued pursuant
to section 42-3-116 (6) (d).
(b) Paragraph (b) of subsection (6) of this section shall only apply to a motor vehicle
if owned and operated by a manufacturer, a representative of a manufacturer, or a person
so authorized by the manufacturer. A motor vehicle bearing manufacturer plates shall be of
a make and model of the current or a future year and shall have been manufactured by or
for the manufacturer to which such plates were issued.
(9) In addition to the registration fees imposed by section 42-3-306 (4) (a), the
following additional registration fee shall be imposed on such vehicles:
(a) For farm trucks less than seven years old, twelve dollars;
(b) For farm trucks seven years old but less than ten years old, ten dollars;
(c) For farm trucks ten years old or older, seven dollars.
(10) (a) In addition to the registration fees imposed by section 42-3-306 (5) (a) and
(13), for motor vehicles described in section 42-3-306 (5) (a) and (13), the following
additional registration fee shall be imposed:
(I) For light trucks and recreational vehicles less than seven years old, twelve dollars;
(11) For light trucks and recreational vehicles seven years old but less than ten years old,
ten dollars;
(HI) For light trucks and recreational vehicles ten years old or older, seven dollars.
(b) In addition to the registration fees imposed by section 42-3-306 (5) (b), (5) (c), or
(12) (b), an additional registration fee of ten dollars shall be assessed.
(c) The department shall adopt rules that allow a vehicle owner or a vehicle owner's
agent to apply for apportioned registration for a vehicle that is used in interstate commerce
and that qualifies for the registration fees provided in section 42-3-306 (5). In establishing
the amount of such apportioned registration, such rules shall take into account the length of
time such item may be operated in Colorado or the number of miles such item may be
driven in Colorado. The apportioned registration, if based upon the length of time such item
may be operated in Colorado, shall be valid for a period of between two and eleven months.
Such rules shall also allow for extensions of apportioned registration periods. During such
rule-making, the department shall confer with its authorized agents regarding enhanced
communications with the authorized agents and the coordination of enforcement efforts.
(II) The additional fees collected pursuant to section 42-3-306 (2) (b) (II) and
subsection (9) of this section and paragraphs (a) and (b) of subsection (10) of this section
shall be transmitted to the state treasurer, who shall credit the same to the highway users tax
fund to be allocated pursuant to section 43-4-205 (6) (b), C.R.S.
(12) An owner or operator that desires to make an occasional trip into this state with a
truck, truck tractor, trailer, or semitrailer that is registered in another state shall obtain a
permit from the public utilities commission as provided in article 10.1 of title 40, C.R.S.
This subsection (12) does not apply to the vehicles of a public utility that are temporarily
in this state to assist in the construction, installation, or restoration of utility facilities used
in serving the public.
(13) In addition to the annual registration fees prescribed in this section for vehicles
with a seating capacity of more than fourteen and operated for the transportation of
passengers for compensation, the owner or operator of every such vehicle operated over the
public highways of this state shall pay a passenger-mile tax equal to one mill for each
passenger transported for a distance of one mile. The tax shall be credited to the highway
users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203 (1) (c),
C.R.S., and allocated and expended as specified in section 43-4-205 (5.5) (d), C.R.S. The
tax assessed by this subsection (13) shall not apply to passenger service rendered within the
boundaries of a city, city and county, or incorporated town by a company engaged in the
mass transportation of persons by buses or trolley coaches.
Title 42 - page 239 Registration, Taxation, and License Plates 42-3-304
(14) (a) The owner or operator of special mobile machinery having an empty weight
not in excess of sixteen thousand pounds that the owner or operator desires to operate over
the public highways of this state shall register such vehicle under section 42-3-306 (5) (a).
(b) The owner or operator of special mobile machinery with an empty weight exceed-
ing sixteen thousand pounds that the owner or operator desires to operate over the public
highways of this state shall register the vehicle under section 42-3-306 (5) (b).
(15) The owner of special mobile machinery, except that mentioned in sections
42-1-102 (44) and 42-3-104 (3), that is not registered for operation on the highway shall pay
a fee of one dollar and fifty cents, which shall not be subject to any quarterly reduction.
(16) Nothing in this section shall be construed to prevent a farmer or rancher from
occasionally exchanging transportation with another farmer or rancher when the sole
consideration involved is the exchange of personal services and the use of vehicles.
(17) (a) At the time of registration of such vehicle, the owner of a truck subject to
registration under section 42-3-306 (5) having a weight in excess of four thousand five
hundred pounds, but not in excess of ten thousand pounds, including mounted equipment
other than that of a recreational type, shall present to the authorized agent a copy of the
manufacturer's statement or certificate of origin that specifies the shipping weight of such
vehicle, or if such documentation is not available, a certified scale ticket showing the weight
of such vehicle.
(b) The department shall furnish appropriate identification, by means of tags or
otherwise, to indicate that a vehicle registered under this section is not subject to clearance
by a port of entry weigh station.
(18) (a) In addition to any other fee imposed by this section, the owner shall pay, at the
time of registration, a fee of fifty cents on every item of Class A, B, or C personal property
required to be registered pursuant to this article. Such fee shall be transmitted to the state
treasurer, who shall credit the same to a special account within the highway users tax fund,
to be known as the AIR account, and such moneys shall be used, subject to appropriation
by the general assembly, to cover the direct costs of the motor vehicle emissions activities
of the department of public health and environment in the presently defined nonattainment
area, and to pay for the costs of the commission in performing its duties under section
25-7-106.3, C.R.S. In the program areas within counties affected by this article, the
authorized agent shall impose and retain an additional fee of up to seventy cents on every
such registration to cover reasonable costs of administration of the emissions compliance
aspect of vehicle registration. The department of public health and environment may accept
and expend grants, gifts, and moneys from any source for the purpose of implementing its
duties and functions under this section or section 25-7-106.3, C.R.S.
(b) In addition to any other fee imposed by this section, at the time of registration of
any motor vehicle in the program area subject to inspection and not exempt from
registration, the owner shall pay a fee of one dollar and fifty cents. Such fee shall be
transmitted to the state treasurer, who shall credit the same to the AIR account within the
highway users tax fund, and such moneys shall be expended only to cover the costs of
administration and enforcement of the automobile inspection and readjustment program by
the department of revenue and the department of public health and environment, upon
appropriation by the general assembly. For such purposes, the revenues attributable to one
dollar of such fee shall be available for appropriation to the department of revenue, and the
revenues attributable to the remaining fifty cents of such fee shall be available for
appropriation to the department of public health and environment.
(c) There shall be established two separate subaccounts within the AIR account, one for
the revenues available for appropriation to the department of public health and environment
pursuant to paragraphs (a) and (b) of this subsection (18) and one for the revenues available
for appropriation to the department of revenue pursuant to paragraph (b ) of this subsection
(18) and section 42-4-305. After the state treasurer transfers moneys in the department of
revenue subaccount to the department of revenue equal to the amount appropriated to the
department of revenue from the AIR account for the fiscal year, the state treasurer shall
transfer from the balance in the department of revenue subaccount to the department of
public health and environment subaccount any amount needed to cover appropriations made
to the department of public health and environment from the AIR account for that fiscal year
42-3-304 Vehicles and Traffic Title 42 - page 240
for the administration and enforcement of the automobile inspection and readjustment
program. Transfers from the department of revenue subaccount to the department of public
health and environment subaccount shall be made on a monthly basis after the transfers to
the department of revenue equal to the department of revenue's appropriation for that fiscal
year have been made. The state treasurer shall not transfer to the department of public health
and environment an amount that exceeds the amount of the appropriation made to the
department of public health and environment from the AIR account for the fiscal year. Any
transfer made pursuant to this paragraph (c) shall be subject to any limits imposed or
appropriations made by the general assembly for other purposes and any limitations
imposed by section 18 of article X of the state constitution.
(d) (I) In addition to any other fee imposed by this section, the owner shall pay, at the
time of registering a motor vehicle or low-power scooter, a motorist insurance identification
fee. The fee shall be adjusted annually by the department, based upon moneys appropriated
by the general assembly for the operation of the motorist insurance identification database
program. In no event shall the fee exceed ten cents. The department shall transmit the fee
to the state treasurer, who shall credit it to a special account within the highway users tax
fund, to be known as the motorist insurance identification account, which is hereby created.
The department shall use moneys in the motorist insurance identification account, subject
to appropriation by the general assembly, to cover the costs of administration and enforce-
ment of the motorist insurance identification database program created in section 42-7-604
and for state fiscal years 2010-11 and 2011-12, for expenses incurred in connection with the
administration of article 2 of this title; except that:
(A) For fiscal years 2012-13 through 2014-15, the state treasurer shall transfer moneys
in the account in excess of the amount of moneys appropriated from the account to the
Colorado state titling and registration account in the highway users tax fund for allocation
and expenditure as required by section 42-1-211 (2). This sub-subparagraph (A) is repealed,
effective July 1, 2015.
(B) For the fiscal year commencing July 1, 2015, the state treasurer shall transfer
moneys in the account in excess of the amount of moneys appropriated from the account to
the highway users tax fund for allocation and expenditure as specified in section 43-4-205
(5.5) (c), C.R.S.
(II) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 8, effective May
1, 2009; (HB 09-1026), ch. 281, p. 1268, § 30, effective July 1, 2010.)
(19) (a) If the air quality control commission determines pursuant to section 42-4-306
(23) (b) to implement an expanded clean screen program in the enhanced emissions
program area, on and after the specific dates determined by the commission for each of the
following subparagraphs:
(I) In addition to any other fee imposed by this section, county clerks and recorders,
acting as agents for the clean screen authority, shall collect at the time of registration an
emissions inspection fee in an amount determined by section 42-4-311 (6) (a) on every
motor vehicle that the department of revenue has determined from data provided by its
contractor to have been clean screened; except that the motorist shall not be required to pay
such emissions inspection fee if the county clerk and recorder determines that a valid
certification of emissions compliance has already been issued for the vehicle being
registered indicating that the vehicle passed the applicable emissions test at an enhanced
inspection center, inspection and readjustment station, motor vehicle dealer test facility, or
fleet inspection station.
(II) County clerks and recorders shall be entitled to retain three and one-third percent
of the fee so collected to cover the clerks' expenses in the collection and remittance of such
fee. County treasurers shall, no later than ten days after the last business day of each month,
remit the remainder of such fee to the clean screen authority created in section 42-4-307.5.
The clean screen authority shall transmit such fee to the state treasurer, who shall deposit
the same in the clean screen fund, which fund is hereby created. The clean screen fund shall
be a pass-through trust account to be held in trust solely for the purposes and the
beneficiaries specified in this subsection (19). Moneys in the clean screen fund shall not
constitute fiscal year spending of the state for purposes of section 20 of article X of the state
constitution, and such moneys shall be deemed custodial funds that are not subject to
Title 42 - page 241 Registration, Taxation, and License Plates 42-3-304
appropriation by the general assembly. Interest earned from the deposit and investment of
moneys in the clean screen fund shall be credited to the clean screen fund, and the clean
screen authority may also expend interest earned on the deposit and investment of the clean
screen fund to pay for its costs associated with the implementation of House Bill 01-1402,
enacted at the first regular session of the sixty-third general assembly. The clean screen
authority may also expend interest earned on the deposit and investment of the clean screen
fund to pay for its costs associated with the implementation of House Bill 06-1302, enacted
at the second regular session of the sixty-fifth general assembly.
(HI) The clean screen authority shall transmit moneys from the clean screen fund
monthly to the contractor in accordance with the fees determined by section 42-4-311 (6)
(a) within one week after receipt by the authority from the department of revenue of a
notification of the number of registrations of clean-screened vehicles during the previous
month.
(IV) Repealed.
(b) In specifying dates for the implementation of the clean screen program pursuant to
paragraph (a) of this subsection (19), the commission may specify different dates for the
enhanced and basic emissions program areas.
(c) This subsection (19) shall not apply to El Paso county if the commission has
excluded such county from the clean screen program pursuant to section 42-4-306 (23) (a).
(d) Any moneys remaining in the clean screen fund upon termination of the AIR
program shall revert to the AIR account established in paragraph (a) of subsection (18) of
this section.
(20) In addition to any other fee imposed by this section, there shall be collected, at the
time of registration, a fee often dollars on every light and heavy duty diesel-powered motor
vehicle in the program area registered pursuant to this article in Colorado. Such fee shall be
transmitted to the state treasurer, who shall credit the same to the AIR account in the
highway users tax fund, and such moneys shall be used, subject to appropriation by the
general assembly, to cover the costs of the diesel-powered motor vehicle emissions control
activities of the departments of public health and environment and revenue.
(21) In order to promote an effective emergency medical network and thus the
maintenance and supervision of the highways throughout the state, in addition to any other
fees imposed by this section, there shall be assessed an additional fee of two dollars at the
time of registration of any motor vehicle. Such fee shall be transmitted to the state treasurer,
who shall credit the same to the emergency medical services account created by section
25-3.5-603, C.R.S., within the highway users tax fund.
(22) In addition to any other fees imposed by this section, the authorized agent may
collect and retain, and an applicant for registration shall pay at the time of registration, a
reasonable fee, as determined from time to time by the authorized agent, that approximates
the direct and indirect costs incurred, not to exceed five dollars, by the authorized agent in
shipping and handling those license plates that the applicant has, pursuant to section
42-3-105 (1) (a), requested that the department mail to the owner.
(23) Repealed.
(24) In addition to any other fee imposed by this section, at the time of registration, the
owner shall pay a fee of sixty cents on every item of Class A, B, or C personal property
required to be registered pursuant to this article. Notwithstanding the requirements of
section 43-4-203, C.R.S., such fee shall be transmitted to the state treasurer, who shall credit
the same to the peace officers standards and training board cash fund, created in section
24-31-303 (2) (b), C.R.S.; except that county clerks and recorders shall be entitled to retain
five percent of the fee collected to cover the clerks* expenses in the collection and
remittance of such fee. All of the moneys in the fund that are collected pursuant to this
subsection (24) shall be used by the peace officers standards and training board for the
purposes specified in section 24-31-310, C.R.S.
Source: L. 2005: (13) and (18)(d)(I) amended, p. 145, § 21, effective April 5; entire
article amended with relocations, p. 1 136, § 2, effective August 8; ( 1 8)(c) amended, p. 328,
§ 1, effective August 8. L. 2006: (10)(b) amended, p. 1511, § 71, effective June 1; (l)(c)
amended, p. 1011, § 5, effective July 1; (19)(a)(I), (19)(a)(II), and (19)(d) amended and
42-3-305
Vehicles and Traffic
Title 42 - page 242
(19)(a)(IV) added, p. 1030, §§ 12, 11, effective July 1; (3)(g) and (3)(h) added, p. 921, § 4,
effective January 1, 2007. L. 2009: (l)(c) and (18)(d) amended, (SB 09-274), ch. 210, p.
955, § 8, effective May 1; (21) amended, (SB 09-002), ch. 277, p. 1242, § 1, effective May
19; (24) amended, (HB 09-1036), ch. 300, p. 1601, § 1, effective July 1; (4), (5), and (6)(a)
amended, (HB 09-1026), ch. 281, p. 1268, § 29, effective October 1; (18)(d) amended, (HB
09-1026), ch. 281, p. 1268, § 30, effective July 1, 2010. L. 2010: (18)(d)(I) amended, (HB
10-1387), ch. 205, p. 890, § 7, effective May 5; (18)(d)(I) amended, (HB 10-1341), ch. 285,
p. 1336, § 1, effective May 26; (2), IP(9), IP(10)(a), (10)(b), (10)(c), (11), (14), and (17)(a)
amended and (23) repealed, (SB 10-212), ch. 412, pp. 2036, 2032, § 12, 1, effective July
1; (14) and (15) amended, (HB 10-1172), ch. 320, p. 1491, § 11, effective October 1.
L. 2011: IP(18)(d)(I) amended, (HB 11-1182), ch. 124, p. 387, § 1, effective April 22;
(l)(b)(H) repealed, (HB 11-1004), ch. 136, p. 475, § 2, effective August 10; (12) amended,
(HB 11-1198), ch. 127, p. 425, § 24, effective August 10. L. 2012: (18)(d)(I) amended,
(HB 12-1216), ch. 80, p. 267, § 6, effective July 1; (19)(a)(I) amended and (19)(a)(IV)
repealed, (SB 12-034), ch. 107, p. 362, § 1, effective August 8.
Editor's note: (1) This section is similar to former § 42-3-134 as it existed prior to 2005.
(2) Subsection (13) was originally numbered as § 42-3-134 (21)(a), and the amendments to it in
Senate Bill 05-041 were harmonized with § 42-3-304 (13) as it appears in House Bill 05-1107.
Subsection (18)(c) was originally numbered as § 42-3-134 (26)(c), and the amendments to it in House
Bill 05-1268 were harmonized with and relocated to § 42-3-304 (18)(c) as it appears in House Bill
05-1107. Subsection (18)(d)(l) was originally numbered as § 42-3-134 (26)(d)(l), and the amend-
ments to it in Senate Bill 05-041 were harmonized with and relocated to § 42-3-304 (18)(d)(I) as it
appears in House Bill 05-1107.
(3) Amendments to subsection (18)(d) by Senate Bill 09-074 and House Bill 09-1026 were
harmonized.
(4) Section 137 of Senate Bill 09-292 changed the effective date of subsections (4), (5), and (6)(a)
from July 1, 2010, to October 1, 2009, and subsection (18)(d) from October 1, 2009, to July 1, 2010.
(5) Amendments to subsection ( 1 8)(d)(I) by House Bill 10-1387 and House Bill 10-1341 were
harmonized.
(6) Amendments to subsection (14) by Senate Bill 10-212 and House Bill 10-1172 were
harmonized.
Cross references: (1) For Public Law 663, 79th Congress, as amended, and Public Law 187,
82nd Congress, as amended, see 60 Stat. 915 and 65 Stat. 574, respectively, and 38 U.S.C. §§ 3901
to 3905.
(2) For the legislative declaration contained in the 2006 act amending subsections (19)(a)(I),
(19)(a)(fl), and f 19)(d) and enacting subsection (19)(a)(IV), see section 1 of chapter 225, Session
Laws of Colorado 2006. For the legislative declaration in the 2011 act repealing subsection (l)(b)(II),
see section 1 of chapter 136, Session Laws of Colorado 2011.
ANNOTATION
Annotator's note. Since § 42-3-304 is sim-
ilar to § 42-3-134 as it existed prior to the 2005
amendment to article 3 of title 42, which re-
sulted in the relocation of provisions, relevant
cases construing former provisions similar to
that section have been included in the annota-
tions to this section.
The object and purpose of the ton-mile tax
statute is to regulate the use of our public
highways and provide funds for highway main-
tenance and construction by taxing those who
are heavy, constant and continuous users of our
highways in proportion to their use thereof.
Weed v. Monfort Feed Lots, Inc., 156 Colo. 577,
402 P.2d 177 (1965).
Political subdivisions as such are not ex-
empt from the passenger-mile tax imposed by
this section. Reg'l Transp. Dist. v. Charnes, 660
P.2d 24 (Colo. App. 1982).
42-3-305. Registration fees - passenger and passenger-mile taxes - fee schedule for
years of TABOR surplus revenue - applicability. (Repealed)
Source: L. 2005: (6), (7), (8)(c), (ll)(a), and (ll)(b) amended, p. 145, § 21, effective
April 5; entire article amended with relocations, p. 1145, § 2, effective August 8. L. 2009:
Title 42 - page 243 Registration, Taxation, and License Plates 42-3-306
(2)(a) amended, (HB 09-1026), ch. 281, p. 1269, § 31, effective October 1. L. 2010: Entire
section repealed, (SB 10-212), ch. 412, p. 2032, § 1, effective July 1; (12)(a) amended, (HB
10-1172), ch. 320, p. 1492, § 12, effective October 1.
Editor's note: (1) This section was similar to former § 42-3-134 as it existed prior to 2005.
(2) Subsection (1 2)(a) was amended in House Bill 10-1 172, effective October 1, 2010. However,
those amendments were superseded by the repeal of the entire section by Senate Bill 10-212, effective
July 1, 2010.
42-3-306. Registration fees - passenger and passenger-mile taxes - fee schedule.
(1) This section shall apply in any fiscal year beginning on or after July 1, 2010.
(2) Fees for the annual registration of passenger-carrying motor vehicles shall be as
follows:
(a) Motorcycles, three dollars;
(b) (I) Passenger cars, station wagons, taxicabs, ambulances, motor homes, and
(A) Weighing two thousand pounds or less, six dollars;
(B) Weighing forty-five hundred pounds or less, six dollars plus twenty cents per one
hundred pounds, or fraction thereof, of weight over two thousand pounds;
(C) Weighing more than forty-five hundred pounds, twelve dollars and fifty cents plus
sixty cents per one hundred pounds, or fraction thereof, of weight over forty-five hundred
pounds; except that, for motor homes weighing more than sixty-five hundred pounds, such
fees shall be twenty-four dollars and fifty cents plus thirty cents per one hundred pounds,
or fraction thereof, of weight over sixty-five hundred pounds.
(II) In addition to the registration fees imposed by subparagraph (I) of this paragraph
(b), an additional registration fee shall be imposed on the motor vehicles described in the
introductory portion to this paragraph (b), based on the age of the motor vehicle, as follows:
(A) For motor vehicles less than seven years old, twelve dollars;
(B) For motor vehicles seven years old but less man ten years old, ten dollars;
(C) For motor vehicles ten years old or older, seven dollars.
(IH) The additional fees collected pursuant to subparagraph (II) of this paragraph (b)
shall be transmitted to the state treasurer, who shall credit the same to the highway users tax
fund to be allocated pursuant to section 43-4-205 (6) (b), C.R.S.
(IV) If a regional transportation plan is implemented within the regional transportation
district, residents of the E-470 highway authority area shall be exempt from the first ten
dollars of any motor vehicle registration fee increase in such plan.
(c) Passenger buses:
(I) All such vehicles used for the transportation of passengers for compensation having
a seating capacity of fourteen or less passengers, twenty-five dollars plus one dollar and
seventy cents for each seat capacity; and all such vehicles having a seating capacity of more
than fourteen passengers, twenty-five dollars plus one dollar and twenty-five cents for each
seat capacity in excess of fourteen;
(II) All such vehicles owned by a private owner and used for the transportation of
school pupils having a juvenile seating capacity (meaning fourteen lineal inches of seat
space) of twenty-five or less, fifteen dollars; and for all such vehicles having a juvenile
seating capacity of more than twenty-five, fifteen dollars plus fifty cents for each juvenile
seat capacity in excess of twenty-five.
(3) Fees for the annual registration of the following vehicles shall be:
(a) Trailer coaches, three dollars;
(b) Trailers, utility trailers, and camper trailers having an empty weight of two thousand
pounds or less, three dollars;
(c) Trailers, utility trailers, and camper trailers having an empty weight exceeding two
thousand pounds, seven dollars and fifty cents;
(d) Semitrailers, seven dollars and fifty cents.
(4) (a) The annual registration fee for trucks and truck tractors owned by a farmer or
rancher that are operated over the public highways and are only commercially used to
transport to market or place of storage raw agricultural products actually produced or
42-3-306 Vehicles and Traffic Title 42 - page 244
livestock actually raised by such farmer or rancher or to transport commodities and
livestock purchased by such farmer or rancher for personal use and used in such person's
farming or ranching operations, shall be as follows:
(I) Each such vehicle having an empty weight of five thousand pounds or less, an
amount computed to the nearest pound of the empty weight of such vehicle, according to
the following schedule:
Empty Weight
Registration
(Pounds)
Range
Fee
2,000
and
under
$ 6.20
2,001
but not more than
2,100
6.40
2,101
but not more than
2,200
6.60
2,201
but not more than
2,300
6.80
2,301
but not more than
2,400
7.00
2,401
but not more than
2,500
7.20
2,501
but not more than
2,600
7.40
2,601
but not more than
2,700
7.60
2,701
but not more than
2,800
7.80
2,801
but not more than
2,900
8.00
2,901
but not more than
3,000
8.20
3,001
but not more than
3,100
8.40
3,101
but not more than
3,200
8.60
3,201
but not more than
3,300
8.80
3,301
but not more than
3,400
9.00
3,401
but not more than
3,500
9.20
3,501
but not more than
3,600
9.40
3,601
but not more than
3,700
9.60
3,701
but not more than
3,800
9.80
3,801
but not more than
3,900
10.00
3,901
but not more than
4,000
10.20
4,001
but not more than
4,100
10.40
4,101
but not more than
4,200
10.60
4,201
but not more than
4,300
10.80
4,301
but not more than
4,400
11.00
4,401
but not more than
4,500
11.20
4,501
but not more than
4,600
13.10
4,601
but not more than
4,700
13.70
4,701
but not more than
4,800
14.30
4,801
but not more than
4,900
14.90
4,901
but not more than
5,000
15.50
(II) Each such vehicle having an empty weight of ten thousand pounds or less but more
than five thousand pounds, fifteen dollars and fifty cents plus forty-five cents per one
hundred pounds, or fraction thereof, of empty weight over five thousand pounds;
(HI) Each Such vehicle having an empty weight of more than ten thousand pounds but
not more than sixteen thousand pounds, thirty-eight dollars plus one dollar and twenty cents
per one hundred pounds, or fraction thereof, of empty weight exceeding ten thousand
pounds;
(IV) Each such vehicle having an empty weight of more than sixteen thousand pounds,
one hundred ten dollars, plus one dollar and fifty cents per one hundred pounds, or fraction
thereof, of empty weight exceeding sixteen thousand pounds.
(b) Nothing in this subsection (4) shall be construed to prevent a farmer or rancher from
occasionally exchanging transportation with another farmer or rancher, but only if the sole
consideration involved is the exchange of personal services or the use of equipment.
(c) A person applying for registration under this subsection (4) shall certify to the
licensing authority on forms furnished by the department that the vehicle will be used in
conformity with paragraph (a) of this subsection (4).
Title 42 - page 245 Registration, Taxation, and License Plates
42-3-306
(d) No vehicle carrying mounted equipment other than a camper or other purely
recreational equipment shall be registered under this subsection (4), and a vehicle registered
under this subsection (4) shall be reregistered under the proper classification whenever
equipment designed for commercial use is mounted upon such vehicle.
(e) The department or its authorized agent shall not require a person registering a farm
truck or truck tractor under this subsection (4) to demonstrate mat the owner* s primary
business or source of income is agriculture if the farm truck or truck tractor is used
primarily for agricultural production on a farm or ranch owned or leased by the owner of
the truck or truck tractor, and the land on which it is used is classified as agricultural land
for the purposes of levying and collecting property tax under section 39-1-103, C.R.S.
(5) The annual registration fee for those trucks and truck tractors operated over the
public highways of this state, except trucks that are registered under subsections (4) and
(13) of this section and section 42-12-401 (1) (c), is as follows:
(a) For each such vehicle having an empty weight of up to and including sixteen
thousand pounds, such registration fee shall be based upon the empty weight of such
vehicle, computed to the nearest pound, according to the following schedule:
Empty Weight
Registration
(Pounds)
Range
Fee
2,000
and
under
$ 7.60
2,001
but not more than
2,100
7.80
2,101
but not more than
2,200
8.00
2,201
but not more than
2,300
8.20
2,301
but not more than
2,400
8.40
2,401
but not more than
2,500
8.60
2,501
but not more than
2,600
8.80
2,601
but not more than
2,700
9.00
2,701
but not more than
2,800
9.20
2,801
but not more than
2,900
9.40
2,901
but not more than
3,000
9.60
3,001
but not more than
3,100
10.20
3,101
but not more than
3,200
10.40
3,201
but not more than
3,300
10.60
3,301
but not more than
3,400
10.80
3,401
but not more than
3,500
11.00
3,501
but not more than
3,600
16.10
3,601
but not more than
3,700
16.70
3,701
but not more than
3,800
17.30
3,801
but not more than
3,900
17.90
3,901
but not more than
4,000
18.50
4,001
but not more than
4,100
19.10
4,101
but not more than
4,200
19.70
4,201
but not more than
4,300
20.30
4,301
but not more than
4,400
20.90
4,401
but not more than
4,500
21.50
4,501
but not more than
4,600
35.00
4,601
but not more than
4,700
37.00
4,701
but not more than
4,800
39.00
4,801
but not more than
4,900
41.00
4,901
but not more than
5,000
43.00
5,001
but not more than
5,100
45.00
5,101
but not more than
5,200
47.00
5,201
but not more than
5,300
49.00
5,301
but not more than
5,400
51.00
5,401
but not more than
5,500
53.00
5,501
but not more than
5,600
55.00
42-3-306 Vehicles and Traffic Title 42 - page 246
5,601
but not more than
5,700
57.00
5,701
but not more than
5,800
59.00
5,801
but not more than
5,900
61.00
5,901
but not more than
6,000
63.00
6,001
but not more than
6,100
65.00
6,101
but not more than
6,200
67.00
6,201
but not more than
6,300
69.00
6,301
but not more than
6,400
71.00
6,401
but not more than
6,500
73.00
6,501
but not more than
6,600
75.00
6,601
but not more than
6,700
77.00
6,701
but not more than
6,800
79.00
6,801
but not more than
6,900
81.00
6,901
but not more than
7,000
83.00
7,001
but not more than
7,100
85.00
7,101
but not more than
7,200
87.00
7,201
but not more than
7,300
89.00
7,301
but not more than
7,400
91.00
7,401
but not more than
7,500
93.00
7,501
but not more than
7,600
95.00
7,601
but not more than
7,700
97.00
7,701
but not more than
7,800
99.00
7,801
but not more than
7,900
101.00
7,901
but not more than
8,000
103.00
8,001
but not more than
8,100
105.00
8,101
but not more than
8,200
107.00
8,201
but not more than
8,300
109.00
8,301
but not more than
8,400
111.00
8,401
but not more than
8,500
113.00
8,501
but not more than
8,600
115.00
8,601
but not more than
8,700
117.00
8,701
but not more than
8,800
119.00
8,801
but not more than
8,900
121.00
8,901
but not more than
9,000
123.00
9,001
but not more than
9,100
125.00
9,101
but not more than
9,200
127.00
9,201
but not more than
9,300
129.00
9,301
but not more than
9,400
131.00
9,401
but not more than
9,500
133.00
9,501
but not more than
9,600
135.00
9,601
but not more than
9,700
137.00
9,701
but not more than
9,800
139.00
9,801
but not more than
9,900
141.00
9,901
but not more than
10,000
143.00
10,001
but not more than
10,100
144.50
10,101
but not more than
10,200
146.00
10,201
but not more than
10,300
147.50
10,301
but not more than
10,400
149.00
10,401
but not more than
10,500
150.50
10,501
but not more than
10,600
152.00
10,601
but not more than
10,700
153.50
10,701
but not more than
10,800
155.00
10,801
but not more than
10,900
156.50
10,901
but not more than
11,000
158.00
11,001
but not more than
11,100
159.50
11,101
but not more than
11,200
161.00
Title 42 - page 247 Registration, Taxation, and License Plates 42-3-306
11,201
but not more than
11,300
162.50
11,301
but not more than
11,400
164.00
11,401
but not more than
11,500
165.50
11,501
but not more than
11,600
167.00
11,601
but not more than
11,700
168.50
11,701
but not more than
11,800
170.00
11,801
but not more than
11,900
171.50
11,901
but not more than
12,000
173.00
12,001
but not more than
12,100
174.50
12,101
but not more than
12,200
176.00
12,201
but not more than
12,300
177.50
12,301
but not more than
12,400
179.00
12,401
but not more than
12,500
180.50
12,501
but not more than
12,600
182.00
12,601
but not more than
12,700
183.50
12,701
but not more than
12,800
185.00
12,801
but not more than
12,900
186.50
12,901
but not more than
13,000
188.00
13,001
but not more than
13,100
189.50
13,101
but not more than
13,200
191.00
13,201
but not more than
13,300
192.50
13,301
but not more than
13,400
194.00
13,401
but not more than
13,500
195.50
13,501
but not more than
13,600
197.00
13,601
but not more than
13,700
198.50
13,701
but not more than
13,800
200.00
13,801
but not more than
13,900
201.50
13,901
but not more than
14,000
203.00
14,001
but not more than
14,100
204.50
14,101
but not more than
14,200
206.00
14,201
but not more than
14,300
207.50
14,301
but not more than
14,400
209.00
14,401
but not more than
14,500
210.50
14,501
but not more than
14,600
212.00
14,601
but not more than
14,700
213.50
14,701
but not more than
14,800
215.00
14,801
but not more than
14,900
216.50
14,901
but not more than
15,000
218.00
15,001
but not more than
15,100
219.50
15,101
but not more than
15,200
221.00
15,201
but not more than
15,300
222.50
15,301
but not more than
15,400
224.00
15,401
but not more than
15,500
225.50
15,501
but not more than
15,600
227.00
15,601
but not more than
15,700
228.50
15,701
but not more than
15,800
230.00
15,801
but not more than
15,900
231.50
15,901
but not more than
16,000
233.00
(b) (I) Except as provided in subparagraphs (II) and (HI ) of this paragraph (b), for each
vehicle registered under this subsection (5) having an empty weight exceeding sixteen
thousand pounds, the registration fee shall be based upon the declared gross vehicle weight
of the vehicle registered, according to the following schedule:
42-3-306 Vehicles and Traffic Title 42 - page 248
Declared Gross Vehicle
Weight (Pounds) Registration Fee
16,001 but not more than 20,000 $ 330
20,001 but not more than 24,000 410
24,001 but not more than 30,000 490
30,001 but not more than 36,000 630
36,001 but not more than 42,000 770
42,001 but not more than 48,000 940
48,001 but not more than 54,000 1,150
54,001 but not more than 60,000 1,370
60,001 but not more than 66,000 1,570
66,001 but not more than 74,000 1,850
Over 74,000 1,975
(II) For each vehicle registered under this subsection (5) that has an empty weight
exceeding sixteen thousand pounds and that is used in the operations of a common or
contract carrier for hire, such registration fee shall be based upon the declared gross vehicle
weight of the vehicle registered, according to the following schedule:
Declared Gross Vehicle
Weight (Pounds) Registration Fee
16,001 but not more than 20,000 $ 440
20,001 but not more than 24,000 550
24,001 but not more than 30,000 660
30,001 but not more than 36,000 770
36,001 but not more than 42,000 930
42,001 but not more than 48,000 1,130
48,001 but not more than 54,000 1,430
54,001 but not more than 60,000 1,700
60,001 but not more than 66,000 1,980
66,001 but not more than 74,000 2,260
Over 74,000 2,350
(HI) (A) For each vehicle registered under this subsection (5) that has an empty weight
exceeding sixteen thousand pounds and that is operated less than ten thousand miles in all
jurisdictions during each year, such registration fee shall be based upon the declared gross
vehicle weight of the vehicle registered, according to the following schedule:
Declared Gross Vehicle
Weight (Pounds) Registration Fee
16,001 but not more than 20,000 $ 330
20,001 but not more than 24,000 360
24,001 but not more than 30,000 380
30,001 but not more than 36,000 440
36,001 but not more than 42,000 500
42,001 but not more than 48,000 580
48,001 but not more than 54,000 600
54,001 but not more than 60,000 640
60,001 but not more than 66,000 660
66,001 but not more than 74,000 690
Over 74,000 710
(B) If a vehicle qualifies for both a registration fee provided in this subparagraph (HI)
and a registration fee provided in subparagraph (I) or (II) of this paragraph (b), the lesser
registration fee shall apply.
Title 42 - page 249 Registration, Taxation, and License Plates 42-3-306
(C) If a person replaces a registered vehicle with another vehicle, the mileage history
of the vehicle being replaced may be used to qualify the new vehicle for the fees assessed
under this subparagraph (III).
(D) If a person purchases an established business that is located in this state and the
purchase of the business includes the purchase of vehicles, the mileage history of a vehicle
so purchased may be used to qualify for the fees assessed under this subparagraph (01) if
the business operations remain the same after the purchase and if, during the twelve-month
period immediately preceding the date of purchase, the vehicle has been registered in
Colorado and has been in operation in the business. A person purchasing a business shall
present a copy of the current vehicle registration of the previous owner for each vehicle to
be registered pursuant to this sub-subparagraph (D).
(E) If a truck or truck tractor having an empty weight exceeding sixteen thousand
pounds is purchased by a person owning one or more other such vehicles and the other such
vehicles owned by the purchaser all qualify for the fees assessed under this subparagraph
(III), the purchased truck or truck tractor also qualifies for the fees assessed under this
subparagraph (in). A person seeking to register a truck or truck tractor pursuant to this
sub-subparagraph (E) shall present a copy of the current vehicle registration for each of the
other trucks and truck tractors with empty weights exceeding sixteen thousand pounds that
are owned by such person.
(c) For each vehicle registered under this subsection (5) that is exempt from the
registration fees assessed under paragraph (b) of this subsection (5) under paragraph (d), (f),
(g), or (h) of subsection (9) of this section and that weighs more than sixteen thousand
pounds empty weight, the registration fee shall be one hundred seventy-five dollars plus one
dollar and fifteen cents for each one hundred pounds, or fraction thereof, in excess of
sixteen thousand pounds.
(d) For each vehicle registered under this subsection (5) that is exempt from the
registration fees assessed under paragraph (b) of this subsection (5) pursuant to paragraph
(d), (f), or (g) of subsection (9) of this section and that weighs more than sixteen thousand
pounds empty weight, the registration fee shall be two hundred thirty-three dollars plus one
dollar and fifty cents for each one hundred pounds, or fraction thereof, in excess of sixteen
thousand pounds.
(e) Each vehicle registered under this subsection (5) having an empty weight not in
excess of sixteen thousand pounds that is operated in combination with a trailer or
semitrailer, which is commonly referred to as a tractor-trailer, shall be assessed according
to paragraph (b) of this subsection (5).
(6) In lieu of the payment of registration fees specified in subsections (3) and (5) of this
section, the owner of a truck, truck tractor, trailer, or semitrailer operating in interstate
commerce may apply to the department for a special unladen weight registration. The
registration shall be valid for a period of thirty days from issuance and shall authorize the
operation of the vehicle only when empty. The fee for registration of a truck or truck tractor
shall be five dollars. The fee for registration of a trailer or semitrailer shall be three dollars.
The moneys from the fees shall be transmitted to the state treasurer, who shall credit the
same to the highway users tax fund for allocation and expenditure as specified in section
43-4-205 (5.5) (c), C.R.S.
(7) In lieu of the payment of registration fees specified in subsections (3) and (5) of this
section, the owner of a truck or truck tractor operating in interstate commerce shall apply
to the department for a special laden weight registration. The registration shall be valid for
seventy-two hours after issuance and shall authorize the operation of the vehicle when
loaded. The moneys collected by the department from the fees shall be transmitted to the
state treasurer, who shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (c), C.R.S. The fee for the special
registration of a truck or a truck tractor shall be based on the actual gross vehicle weight of
the vehicle and its cargo, computed to the nearest pound, according to the following
schedule:
42-3-306 Vehicles and Traffic Title 42 - page 250
Declared Gross Vehicle
Weight (Pounds) Registration Fee
10,001 but not more than 30,000 $ 60
30,001 but not more than 60,000 70
Over 60,000 80
(8) (a) The owner or operator of a motor vehicle that is exempt from the registration
fees assessed under paragraph (b) or (c) of subsection (9) of this section may apply to the
department for a temporary commercial registration permit for such motor vehicle. Such
temporary commercial registration permit shall authorize the operation of such motor
vehicle in commerce so long as the motor vehicle is operated solely in agricultural harvest
operations within Colorado.
(b) A temporary commercial registration permit issued pursuant to this subsection (8)
shall be valid for a period not to exceed sixty days. A maximum of two such temporary
commercial registration permits may be issued for a motor vehicle in a twelve-month
period. The fee for issuance of a temporary commercial registration permit for a motor
vehicle shall be based upon the configuration and number of axles of such motor vehicle
according to the following schedule:
Configuration Registration permit
Single unit (two axles) $ 80.00
Single unit (three or more axles) 120.00
Combination unit (any number of axles) 200.00
(c) The moneys collected by the department from the fees for temporary commercial
registration permits shall be transmitted to the state treasurer, who shall credit the same to
the highway users tax fund.
(d) This subsection (8) shall not be interpreted to affect the authority of a dealer in
motor vehicles to use a dealer plate obtained under section 42-3-1 16 to demonstrate a truck
or truck tractor by allowing a prospective buyer to operate such truck or truck tractor when
loaded.
(9) The registration fees imposed by paragraph (b) of subsection (5) of this section shall
not apply:
(a) To a motor vehicle operated by a manufacturer, dealer, or transporter issued plates
pursuant to section 42-3-304 (6) and (7);
(b) To a farm truck or truck tractor registered under subsection (4) of this section;
(c) To a farm tractor or to a farm tractor and trailer or wagon combination;
(d) To a vehicle specially constructed for towing, wrecking, and repairing that is not
otherwise used for transporting cargo;
(e) To a vehicle owned by the state or any political or governmental subdivision
thereof;
(f) To an operator-owned vehicle transporting racehorses to and from the stud or to and
from a racing meet in Colorado;
(g) To a veterinary mobile truck unit;
(h) To a mobile mixing concrete truck or trash compacting truck or to trucks designated
by the executive director of the department as special use trucks;
(i) To a noncommercial or recreational vehicle registered under subsection (13) of this
section.
(10) The owner or operator of a truck, truck tractor, trailer, or semitrailer operating over
the public highways of this state and rendering service pursuant to a temporary certificate
of public convenience and necessity issued by the public utilities commission shall pay for
the issuance or renewal of such temporary certificate a fee of ten dollars.
(11) (a) The owner or operator of a passenger bus operating over the public highways
of this state and rendering service pursuant to a temporary certificate of public convenience
Title 42 - page 251 Registration, Taxation, and License Plates 42-3-306
and necessity issued by the public utilities commission shall pay for the issuance or renewal
of such temporary certificate a fee of ten dollars, which fee shall be in lieu of the tax
assessed under this subsection (11), shall be credited to the highway users tax fund created
in section 43-4-201, C.R.S., as required by section 43-4-203 (1) (c), C.R.S., and shall be
allocated and expended as specified in section 43-4-205 (5.5) (d), C.R.S.
(b) The owner or operator of a passenger bus that is registered in another state and that
is used to make an occasional trip into this state need not obtain a permit from the public
utilities commission as provided in article 10.1 of title 40, C.R.S., but may instead apply to
the department for the issuance of a trip permit and shall pay to the department for the
issuance of such trip permit a fee of twenty-five dollars or the amount of passenger-mile tax
becoming due and payable under paragraph (a) of this subsection (11) by reason of such
trip, whichever amount is greater. The fee or passenger-mile tax shall be credited to the
highway users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203
(1) (c), C.R.S., and allocated and expended as specified in section 43-4-205 (5.5) (d), C.R.S.
(12) (a) In lieu of registration under section 42-3-304 (14), the owner or operator of
special mobile machinery that the owner or operator desires to operate over the public
highways of this state may elect to pay an annual fee computed at the rate of two dollars
and fifty cents per ton of vehicle weight for operation not to exceed a distance of two
thousand five hundred miles in any registration period.
(b) In lieu of registration under section 42-3-304 (14), a public utility, as defined by
section 40-1-103, C.R.S., owning or operating a utility truck having an empty weight in
excess of ten thousand pounds that it desires to operate over the public highways of this
state may elect to pay an annual registration fee for such a vehicle computed at the rate of
ten dollars per ton of vehicle weight,
(13) The annual registration fee for a noncommercial or recreational vehicle, except a
motor home, operated on the public highways of tins state with an empty weight of ten
thousand pounds or less shall be computed according to the schedule provided in subsection
(5) of this section, and, for a noncommercial or recreational vehicle exceeding ten thousand
pounds, the fee shall be twenty-four dollars and fifty cents plus sixty cents for each one
hundred pounds in excess of four thousand five hundred pounds.
(14) (a) In addition to any other fee required by this section, on and after July 1 , 201 1,
each authorized agent shall collect a fee of:
(1) Fifty cents per paid registration of any motor vehicle that is not exempt from the
motor insurance identification fee pursuant to section 42-3-304 (1) (b); or
(II) Ten cents per paid registration of any motor vehicle that is exempt from the motor
insurance identification fee pursuant to section 42-3-304 (1) (b).
(b) The fee required by paragraph (a) of this subsection (14) shall apply to every
registration of a motor vehicle that is designed primarily to be operated or drawn on any
highway in the state and shall be in addition to the annual registration fee for the vehicle;
except that the fee shall not apply to a vehicle that is exempt from payment of the
registration fees imposed by this article. The fee shall be credited to the Colorado state
titling and registration account in the highway users tax fund created in section 42-1-211
(2).
Source: L. 2005: (6), (7), (ll)(a), and (ll)(b) amended, p. 147, § 22, effective April 5;
entire article amended with relocations, p. 1155, § 2, effective August 8. L. 2009: (2)(a)
amended, (HB 09-1026), ch. 281, p. 1269, § 32, effective October 1. L. 2010: (1)
amended, (SB 10-212), ch. 412, p. 2037, § 13, effective July 1; (12)(a) amended, (HB
10-1172), ch. 320, p. 1492, § 13, effective October 1. L. 2011: (14) added, (HB 11-1182),
ch. 124, p. 387, § 2, effective April 22; (4Xe) added, (HB 11-1004), ch. 136, p. 475, § 3,
effective August 10; IP(5) amended, (SB 11-031), ch. 86, p. 246, § 10, effective August 10;
(ll)(b) amended, (HB 11-1198), ch. 127, p. 425, § 25, effective August 10.
Editor's note: (1) This section is similar to former § 42-3-134.5 as it existed prior to 2005.
(2) Provisions of this section apply in fiscal years in which the legislative council does not certify
to the executive director of the department that, based on the annual March revenue forecast from the
42-3-307 Vehicles and Traffic Title 42 - page 252
legislative council, there will be sufficient excess state revenue to fund the fee reductions enacted by
House Bill 00-1227. (See § 42-3-305 (1).)
(3) Subsections (6), (7), (ll)(a), and (ll)(b) were originally numbered as § 42-3-134.5 (14), (15),
(21)(b), and (21)(c), respectively, and the amendments to them in Senate Bill 05-041 were harmonized
with § 42-3-306 (6), (7), (ll)(a), and (ll)(b) as they appear in House Bill 05-1107.
Cross references: For the legislative declaration in the 2011 act adding subsection (4)(e), see
section 1 of chapter 136, Session Laws of Colorado 2011.
42-3-307. Enforcement powers of department ( 1 ) The department may administer
and enforce sections 42-3-3M and 42-3-306, including the right to inspect and audit the
books, records, and documents of an owner or operator of a vehicle operated upon the
public highways who is required to pay any registration fee or tax imposed, and the
executive director of the department may promulgate such reasonable rules as the director
deems necessary or suitable for such administration and enforcement.
(2) The powers granted in this section shall be separate, apart, and distinct from any
powers or duties conferred prior to January 1, 1955, upon the public utilities commission
with respect to the issuance of certificates of public convenience and necessity, contract
carrier permits, and the regulation and supervision of motor carriers.
Source: L. 2005: Entire article amended with relocations, p. 1167, § 2, effective August
8. L. 2010: (1) amended, (SB 10-212), ch. 412, p. 2037, § 14, effective July 1.
Editor's note: This section is similar to former § 42-3-135 as it existed prior to 2005.
ANNOTATION
Annotator's note. Since § 42-3-307 is sim- that section has been included in the annotations
ilar to § 42-3-135 as it existed prior to the 2005 to this section.
amendment to article 3 of title 42, which re- Applied in Zucchini v. Colorado Dept. of
suited in the relocation of provisions, a relevant Rev., 620 P.2d 247 (Colo. App. 1980).
case construing a former provision similar to
42-3-308. Taxpayer statements - payment of tax - estimates - penalties - deposits -
delinquency proceedings. (1) (a) Every owner or operator of a motor vehicle operated
on a public highway of this state and required to pay the passenger-mile tax imposed by
sections 42-3-304 and 42-3-306 shall, on or before the twenty-fifth day of each month, file
with the department, on forms prescribed by the department and the public utilities
commission, a statement, subject to the penalties for perjury in the second degree, showing
the name and address of the owner of the motor vehicle, total miles traveled, and total
number of passengers carried in this state during the preceding month and such other
information as required by the department and the commission and shall compute and pay
such tax; except mat the executive director of the department may authorize the filing of
statements and the payment of tax for periods in excess of one month but not to exceed a
period of twelve months.
(b) If payment of the tax so computed is not made on or before the due date, there shall
be added a penalty of three percent per month until such time as the full amount has been
paid; but the executive director of the department may waive all or any portion of the
penalty for good cause.
(2) If the owner or operator of a motor vehicle, required to file a statement as provided
in subsection (1) of this section, fails, neglects, or refuses to file the statement and to pay
the tax due, the department may estimate the amount of tax due for the period for which no
statement was filed, add a penalty of ten percent plus one-half of one percent per month
after the date when due, not to exceed eighteen percent in the aggregate, and mail the
estimate to the last-known address of such owner or operator. The amount so estimated,
together with the penalty, shall become fixed, due, and payable ten days after the date of
mailing, unless such owner or operator, within the ten days, files and pays a true and correct
statement of the tax due for the period.
Title 42 - page 253 Registration, Taxation, and License Plates 42-3-309
(3) (a) If an owner or operator of a vehicle knowingly makes and files with the
department a false or fraudulent statement with intent to evade payment of any passenger-
mile tax due, the department shall, as soon as it discovers the false or fraudulent nature of
such statement, make an investigation and determine the correct amount of tax due, add a
penalty of one hundred percent, and proceed to collect the total amount by distraint and sale
as provided in section 39-21-114, C.R.S. If an owner or operator disputes the amount
asserted to be due and payable, that owner or operator shall be entitled to a hearing before
the executive director of the department, and the decision of the executive director shall be
subject to judicial review.
(b) A person who willfully fails or refuses to make the report required by this section,
or who makes a false or fraudulent return, or who willfully fails to pay any tax owed by such
person, shall be punished as provided by section 39-21-118, C.R.S.
(4) All passenger-mile taxes and penalties determined to be due from an owner or
operator of a motor vehicle and not paid on the date when the same are due and payable
shall become and remain a prior and perpetual lien upon all the personal property of such
owner or operator until the full amount of the tax determined to be due, together with all
penalties, has been paid. Nothing in this section shall be construed to abrogate or diminish
the rights of bona fide purchasers, lienors, or pledgees for value and without notice.
(5) Taxes collected pursuant to this section and any penalties or interest charges
imposed pursuant to this section shall be credited to the highway users tax fund created in
section 43-4-201, C.R.S., as required by section 43-4-203 (1) (c), C.R.S., and allocated and
expended as specified in section 43-4-205 (5.5) (d), C.R.S.
Source: L. 2005: (5) added, p. 148, § 23, effective April 5; entire article amended with
relocations, p. 1167, § 2, effective August 8. L. 2010: (l)(a) amended, (SB 10-212), ch.
412, p. 2037, § 15, effective July 1.
Editor's note: (1) This section is similar to former § 42-3-136 as it existed prior to 2005.
(2) Subsection (5) was originally numbered as § 42-3-136 (5), and the enactment of it in Senate
Bill 05-041 was harmonized with § 42-3-308 (5) as it appears in House Bill 05-1107.
ANNOTATION
Law reviews. For article, "Survey of Colo-
rado lax Liens**, see 14 Colo. Law. 1765
(1985).
42-3-309. Permit to be secured - records kept - penalties. (1) Every owner or
operator of a motor vehicle operated over any public highway of this state who is required
to pay the passenger-mile tax imposed by sections 42-3-304 and 42-3-306 shall apply to the
department and secure a passenger-mile tax permit and shall keep and maintain true and
correct records of the operations of such motor vehicles, including the number of miles
operated and the number of passengers carried, in such form as to reflect the actual activity
of all such motor vehicles and as may be prescribed by the department and the public
utilities commission. Such owner or operator shall preserve all such records for a period of
four years. The passenger-mile tax permit shall remain effective until the owner advises the
department of a change in ownership or a discontinuance of business or until such owner
has failed to file tax reports and pay any applicable passenger-mile tax for four successive
tax periods.
(2) For failure to apply for and secure a permit, the executive director of the department
may impose a penalty in an amount equal to twenty-five percent of any tax found to be due
and payable or twenty-five dollars, whichever is greater.
(3) Failure or refusal of an owner or operator to keep and maintain such records shall,
upon certification by the department to the public utilities commission, be cause for
suspension or revocation of a certificate of public convenience and necessity or a contract
carrier permit.
(4) (a) If an examination of the financial responsibility of an owner or operator of a
42-3-310 Vehicles and Traffic Title 42 - page 254
motor vehicle subject to the payment of the passenger-mile tax indicates that a financial
guarantee in the form of cash, a certified check, a bank money order, a bond, or a negotiable
certificate of deposit issued by a commercial bank doing business in this state and
acceptable to the executive director is necessary to guarantee payment of the tax, the owner
or operator may be required to deposit such guarantee with the department in an amount no
greater than twice the amount of tax estimated by the executive director to become due and
payable each tax period. If the deposit is in cash or a negotiable certificate of deposit, it shall
be subject to forfeiture upon failure of the owner or operator to comply with sections
42-3-304 to 42-3-308, this section, articles 10 and 11 of title 40, C.R.S., or the rules of the
department or the public utilities commission; if it is a surety bond, it shall be conditioned
upon the insured's faithful compliance with all applicable statutes and rules.
(b) Failure or refusal of an owner or operator to provide or to continue in effect the
guarantee when required in paragraph (a) of this subsection (4) shall, upon certification by
the department to the public utilities commission, be cause for denial, suspension, or
revocation of a certificate of public convenience and necessity or a contract carrier permit.
(c) All cash, certified checks, bank money orders, negotiable certificates of deposit, and
surety bonds deposited in compliance with this section shall be delivered into the custody
of the state treasurer and held by the state treasurer subject to further order of the
department. If an owner or operator ceases operations, the deposit or any balance thereof
shall be returned to the owner or operator after all taxes, penalties, fees, and charges owed
by such owner or operator pursuant to this article have been paid.
(5) The following penalties shall be imposed if a person negligently or knowingly
includes an error in records required by subsection (1) of this section and such error is
contained in a previously filed statement under section 42-3-308:
(a) Twenty-five percent of the deficiency assessed; and
(b) Interest of one-half of one percent per month on the deficiency assessed, which shall
be in addition to the interest due under section 39-21-109, C.R.S.
Source: L. 2005: Entire article amended with relocations, p. 1168, § 2, effective August
8. L. 2010: (1) amended, (SB 10-212), ch. 412, p. 2038, § 16, effective July 1.
Editor's note: This section is similar to former § 42-3-137 as it existed prior to 2005.
42-3-310. Additional registration fees - apportionment of fees. ( 1 ) Every owner of
a motor vehicle, trailer, or semitrailer that is primarily designed to be operated or drawn
upon a highway, except the vehicles specifically exempted from payment of registration
fees by this article, shall, within the registration period prescribed by law or within ten days
after the date of purchase of any such vehicle, pay an annual registration fee of one dollar
and fifty cents, which annual fee shall be in addition to the annual registration fee prescribed
by law for such vehicle.
(2) The additional registration fee provided for in this section shall not be transmitted
to the department, but the aggregate amount of all such fees paid over by the authorized
agent to the county treasurer shall be retained by the treasurer and allocated by the treasurer
to the county and to the cities and incorporated towns located within the boundaries of the
county on the basis of the record of rural and urban registrations that indicates the place of
residence of each vehicle owner paying registration fees.
(3) The owner of a vehicle specified in subsection (1) of this section who is required to
pay an annual registration fee for such vehicle to the department shall also pay the
additional annual registration fee provided for in this section to the department, and the
department shall transmit such additional fee to the proper county treasurer, as indicated by
the place of residence of such owner, and such county treasurer shall allocate such fee in
the manner prescribed in subsection (2) of this section.
(4) Two dollars and fifty cents of each annual vehicle registration fee imposed by
sections 42-3-304 to 42-3-306, exclusive of the annual registration fees prescribed for
motorcycles, trailer coaches, special mobile machinery, and trailers having an empty weight
of two thousand pounds or less and exclusive of a registration fee paid for a fractional part
of a year, shall not be transmitted to the department but shall be paid over by the authorized
Title 42 - page 255 Registration, Taxation, and License Plates 42-3-312
agent, as collected, to the county treasurer, who shall credit the same to an account entitled
"apportioned vehicle registration fees**. On the tenth day of each month, the county
treasurer shall apportion the balance in the account existing on the last day of the
immediately preceding month between the county and the cities and incorporated towns
located within the boundaries of the county on the basis of the record of rural and urban
registrations that indicates the place of residence of each vehicle owner.
(5) All amounts allocated to the county shall be credited to the county road and bridge
fund, and all amounts allocated to a city or incorporated town shall be credited to an
appropriate fund and expended by such city or incorporated town only for the construction
and maintenance of highways, roads, and streets located within its boundaries.
Source: L. 2005: Entire article amended with relocations, p. 1170, § 2, effective August
8. L. 2009: (4) amended, (HB 09-1026), ch. 281, p. 1269, § 33, effective October 1.
L. 2010: (4) amended, (HB 10-1172), ch. 320, p. 1492, § 14, effective October 1.
Editor's note: This section is similar to former § 42-3-139 as it existed prior to 2005.
42-3-311. Low-power scooter registration - fee. (1) Every low-power scooter sold
in this state shall have an identification number stamped on its frame, which number shall
be recorded upon registration. A low-power scooter shall be registered with the department,
which registration shall be evidenced by a number decal that is securely affixed to the
low-power scooter frame in a conspicuous place. Registration shall be valid for a period of
three years, and the fee for such registration shall be five dollars. Retail sellers of low-power
scooters shall retain one dollar from each such fee, and four dollars of each such fee shall
be forwarded monthly to the department for deposit in the state treasury to the credit of the
highway users tax fund.
(2) The general assembly shall make appropriations from the fund for the expenses of
the administration of this section, and any fees credited to the fund pursuant to subsection
(1) of this section in excess of the amount of the appropriations shall be allocated and
expended as specified in section 43-4-205 (5.5) (f), C.R.S. The department shall promulgate
rules authorizing retail sellers of low-power scooters to be agents of the department for such
registration.
Source: L. 2005: (1) amended, p. 148, § 24, effective April 5; entire article amended
with relocations, p. 1171, § 2, effective August 8. L. 2009: Entire section amended, (HB
09-1026), ch. 281, p. 1269, § 34, effective October 1.
Editor's note: (1) This section is similar to former § 42-3-144 as it existed prior to 2005.
(2) Subsection ( 1 ) was originally numbered as § 42-3-144 ( 1 ), and the amendments to it in Senate
Bill 05-041 were harmonized with § 42-3-311 (1) as it appears in House Bill 05-1107.
42-3-312. Special license plate surcharge. In addition to any other fee imposed by this
article, an applicant for a special license plate created by rule in accordance with section
42-3-207, as the section existed when the plate was created, or license plates issued
pursuant to sections 42-3-211 to 42-3-218, sections 42-3-221 to 42-3-234, and sections
42-3-237 to 42-3-245 shall pay an issuance fee of twenty-five dollars; except that the fee is
not imposed on special license plates exempted from additional fees for the issuance of a
military special license plate by section 42-3-213 (1) (b) (II). The department shall transfer
the fee to the state treasurer, who shall credit it to the licensing services cash fund created
in section 42-2-114.5.
Source: L. 2007: Entire section added, p. 1574, § 9, effective July 1. L. 2008: Entire
section amended, p. 859, § 2, effective August 5; entire section amended, p. 996, § 2,
42-3-313 Vehicles and Traffic Title 42 - page 256
effective August 5; entire section amended, p. 2273, § 4, effective January 1, 2009.
L. 2009: Entire section amended, (HB 09-1347), ch. 357, p. 1861, § 2, effective August 5;
entire section amended, (HB 09-1100), ch. 279, p. 1247, § 2, effective August 5; entire
section amended, (SB 09-161), ch. 412, p. 2282, § 2, effective August 5. L. 2010: Entire
section amended, (SB 10-103), ch. 304, p. 1438, § 2, effective August 11; entire section
amended, (HB 10-1214), ch. 394, p. 1873, § 4, effective August ILL. 2011: Entire section
amended, (SB 11-197), ch. 291, p. 1356, § 2, effective August 10; entire section amended,
(HB 11-1166), ch. 276, p. 1242, § 2, effective August 10; entire section amended, (HB
11-1298), ch. 251, p. 1091, § 2, effective August 10; entire section amended, (HB 11-1316),
ch. 192, p. 739, § 2, effective August 10. L. 2012: Entire section amended, (HB 12-1295),
ch. 89, p. 291, § 2, effective August 8; entire section amended, (HB 12-1023), ch. 134, p.
461, § 2, effective August 8; entire section amended, (HB 12-1131), ch. 146, p. 527, § 2,
effective August 8; entire section amended, (HB 12-1302), ch. 215, p. 927, § 2, effective
August 8; entire section amended, (HB 12-1275), ch. 194, p. 775, § 2, effective August 8.
Editor's note: (1) This section was amended in Senate Bill 08-178, Senate Bill 08-186, and
House Bill 06-1151. The amendments to this section in Senate Bill 08-178 were superseded by the
amendments to this section in Senate Bill 08-186, effective August 5, 2008. The amendments to this
section in Senate Bill 08-186 were superseded by the amendments to this section in House Bill
08-1151, effective January 1, 2009.
(2) Amendments to this section by Senate Bill 09-161 and House Bill 09-1100 were superseded
by House Bill 09-1347.
(3) Amendments to this section by Senate Bill 10-103 and House Bill 10-1214 were harmonized.
(4) Amendments to this section by Senate Bill 11-197, House Bill 11-1166, House Bill 11-1298,
and House Bill 11-1316 were harmonized.
(5) Amendments to this section by House Bill 12-1295, House Bill 12-1023, House Bill 12-1131,
House Bill 12-1302, and House Bill 12-1275 were harmonized.
42-3-313. Fee for long-term or permanent registration - trailers and semitrailers.
(1) In lieu of any other fee imposed for registration, the fee for registration issued under
section 42-3-102 (4) is twenty-four dollars and fifty cents.
(2) (a) The department or authorized agent who registered the commercial trailer or
semitrailer may retain two dollars of the registration fee.
(b) The department or authorized agent shall retain one dollar and fifty cents of the fee,
which the department shall transfer to the county, if applicable, and the county shall allocate
to the county road and bridge fund.
(c) The department shall transfer the remainder of the fee to the state treasurer, who
shall credit the following amounts to the following funds:
(I) Fifty cents to the Colorado state titling and registration account created in section
42-1-211 (2) within the highway users tax fund;
(II) Two dollars and fifty cents to the license plate cash fund created in section 42-3-301
(1) (b);
(HI) Five dollars to the statewide bridge enterprise special revenue fund created in
section 43-4-805 (3) (a), C.R.S.; and
(IV) The remainder of the fee to the highway users tax fund.
Source: L. 2012: Entire section added, (HB 12-1038), ch. 276, p. 1457, § 6, effective
June 8.
Editor's note: Section 9 of chapter 276, Session Laws of Colorado 2012, provides that the act
adding this section applies to registrations issued, and to applications made, on or after August 1,
2012.
Cross references: For the legislative declaration in the 2012 act adding this section, see section 1
of chapter 276, Session Laws of Colorado 2012.
Title 42 - page 257 Regulation of Vehicles and Traffic
REGULATION OF VEHICLES AND TRAFFIC
ARTICLE 4
Regulation of Vehicles and Traffic
Cross references: For exemption of members of the military forces from traffic regulation, see
§ 28-3-504; for disposition of fines and penalties under this article, see § 42-1-217; for crimes that
involve the operation of motor vehicles, also see §§ 18-3-106, 18-3-205, 18-4-409, 18-4-512,
18-9-107, and 18-9-114 to 18-9-116.5.
PARTI
TRAFFIC REGULATION - GENERALLY
42-4-101.
42-4-102.
42-4-103.
42-4-104.
42-4-105.
42-4-106.
42-4-107.
42-4-108.
42-4-109.
42-4-109.5.
42-4-109.6.
42-4-110.
42-4-110.5.
42-4-111.
42-4-112.
42-4-113.
42-4-114.
42-4-115.
42-4-116.
42-4-117.
42-4-118.
42-4-201.
42-4-202.
Short title.
Legislative declaration.
Scope and effect of article -
exceptions to provisions.
Adoption of traffic control
manual.
Local traffic control devices.
Who may restrict right to use
highways.
Obedience to police officers.
Public officers to obey provi-
sions - exceptions for emer-
gency vehicles.
Low-power scooters, animals,
skis, skates, and toy vehicles
on highways.
Low-speed electric vehicles.
Class B low-speed electric ve-
hicles - effective date - rules.
Provisions uniform throughout
state.
Automated vehicle identifica-
tion systems.
Powers of local authorities.
Noninterference with the rights
of owners of realty.
Appropriations for administra-
tion of article.
Removal of traffic hazards.
Information on traffic law en-
forcement - collection - pro-
filing - annual report - repeal.
(Repealed)
Restrictions for minor drivers -
definitions.
Personal mobility devices.
Establishment of wildlife cross-
ing zones - report.
PART 2
EQUIPMENT
Obstruction of view or driving
mechanism - hazardous situ-
ation.
Unsafe vehicles - penalty -
identification plates.
42-4-203.
42-4-204.
42-4-205.
42-4-206.
42-4-207.
42-4-208.
42-4-209.
42-4-210.
42-4-211.
42-4-212.
42-4-213.
42-4-214.
42-4-215.
42-4-215.5.
42-4-216.
42-4-217.
42-4-218.
42-4-219.
42-4-220.
42-4-221.
42-4-222.
42-4-223.
42-4-224.
42-4-225.
42-4-226.
42-4-227.
42-4-228.
42-4-229.
spot inspec-
Unsafe vehicles
tions.
When lighted lamps are re-
quired.
Head lamps on motor vehicles.
Tail lamps and reflectors.
Clearance and identification.
Stop lamps and turn signals.
Lamp or flag on projecting
load.
Lamps on parked vehicles.
Lamps on farm equipment and
other vehicles and equip-
ment
Spot lamps and auxiliary
Audible and visual signals on
emergency vehicles.
Visual signals on service ve-
hicles.
Signal lamps and devices - ad-
ditional lighting equipment
Signal lamps and devices -
street rod vehicles and cus-
tom motor vehicles. (Re-
pealed)
Multiple-beam road lights.
Use of multiple-beam lights.
Single-beam road-lighting
equipment.
Number of lamps permitted.
Low-power scooters - lighting
equipment - department con-
trol - use and operation.
Bicycle and personal mobility
device equipment.
Volunteer firefighters - volun-
teer ambulance attendants -
special lights and alarm sys-
Brakes.
Horns or warning devices.
Mufflers - prevention of noise.
Mirrors - exterior placements.
Windows unobstructed - cer-
tain materials prohibited -
windshield wiper require-
ments.
Restrictions on tire equipment.
Safety glazing material in mo-
tor vehicles.
Vehicles and Traffic
Title 42 - page 258
42-4-230. Emergency lighting equipment
- who must carry.
42-4-231. Parking lights.
42-4-232. Minimum safety standards for
motorcycles and low-power
scooters.
42-4-233. Alteration of suspension sys-
tem.
42-4-234. Slow-moving vehicles - display
of emblem.
42-4-235. Minimum standards for com-
mercial vehicles - rules.
42-4-236. Child restraint systems required
- definitions - exemptions.
42-4-237. Safety belt systems - manda-
tory use - exemptions - pen-
alty.
42-4-238. Blue and red lights - illegal use
or possession.
42-4-239. Misuse of a wireless telephone
- definitions - penalty - pre-
emption.
42-4-240. Low-speed electric vehicle
equipment requirements.
42-4-24 1 . Unlawful removal of tow-truck
signage - unlawful usage of
tow-truck signage.
PART 3
EMISSIONS INSPECTION
42-4-301. Legislative declarations - en-
actment of enhanced emis-
sions program not waiver of
state right to challenge au-
thority to require specific
loaded mode transient dyna-
mometer technology in auto-
mobile emissions testing.
42-4-302. Commencement of basic emis-
sions program - authority of
commission.
42-4-303. Sunrise review of registration
of repair facilities. (Re-
pealed)
42-4-304. Definitions relating to automo-
bile inspection and readjust-
ment program.
42-4-305. Powers and duties of executive
director - automobile inspec-
tion and readjustment pro-
gram - basic emissions pro-
gram - enhanced emissions
program - clean screen pro-
gram - rules.
42-4-306. Powers and duties of commis-
sion - automobile inspection
and readjustment program -
basic emissions program -
enhanced emissions program
- clean screen program.
42-4-307. Powers and duties of the de-
42-4-307.5.
42-4-307.7.
42-4-308.
42-4-309.
parrment of public health and
environment - division of ad-
ministration - automobile in-
spection and readjustment
program - basic emissions
program - enhanced emis-
sions program - clean screen
program.
Clean screen authority - enter-
prise - revenue bonds.
Vehicle emissions testing - re-
mote sensing.
Inspection and readjustment
stations - inspection-only fa-
cilities - fleet inspection sta-
tions - motor vehicle dealer
test facilities - contractor -
emissions inspectors - emis-
sions mechanics - require-
ments.
Vehicle fleet owners - motor
vehicle dealers - authority to
conduct inspections - fleet in-
spection stations - motor ve-
hicle dealer test facilities -
contracts with licensed in-
spection-only entities.
Periodic emissions control in-
spection required.
Operation of inspection and re-
adjustment stations - inspec-
tion-only facilities - fleet in-
spection stations - motor
vehicle dealer test facilities -
enhanced inspection centers.
Improper representation as
emissions inspection and re-
adjustment station - inspec-
tion-only facility - fleet in-
spection station - motor
vehicle dealer test facility -
enhanced inspection center.
Penalties.
Automobile air pollution con-
trol systems - tampering - op-
eration of vehicle - penalty.
Warranties.
AIR program - demonstration
of compliance with ambient
air quality standards and
transportation conformity.
Termination of vehicle emis-
sions testing program.
Purchase or lease of new motor
vehicles by state agencies -
clean-burning alternative fu-
els - definitions. (Repealed)
PART 4
DIESEL INSPECTION PROGRAM
42-4-401. Definitions.
42-4-310.
42-4-311.
42-4-312.
42-4-313.
42-4-314.
42-4-315.
42-4-316.
42-4-316.5.
42-4-317.
Title 42 - page 259
Regulation of Vehicles and Traffic
42-4-402. Administration of inspection 42-4-512.
program.
42-4-403. Powers and duties of the com-
mission.
42-4-404. Powers and duties of the exec-
utive director of the depart-
ment of public health and en-
vironment.
42-4-405. Powers and duties of executive
director.
42-4-406. Requirement of certification of
emissions control for regis-
tration - testing for diesel
smoke opacity compliance.
42-4-407. Requirements for a diesel emis-
sion-opacity inspection - li-
censure as diesel emissions
inspection station - licensure
as emissions inspector.
42-4-408. Operation of diesel inspection
station.
42-4-409. Improper representation of a
diesel inspection station.
42-4-410. Inclusion in the diesel inspec-
tion program.
42-4-411. Applicability of this part to
heavy-duty diesel fleets of
nine or more.
42-4-412. Air pollution violations.
42-4-413. Visible emissions from diesel-
powered motor vehicles un-
lawful - penalty.
42-4-414. Heavy-duty diesel fleet inspec-
tion and maintenance pro-
gram - penalty - rules.
PART 5
SIZE - WEIGHT - LOAD
42-4-501. Size and weight violations -
penalty.
42-4-502. Width of vehicles.
42-4-503. Projecting loads on passenger
vehicles.
42-4-504. Height and length of vehicles.
42-4-505. Longer vehicle combinations - 42-4-701.
rules.
42-4-506. Trailers and towed vehicles. 42-4-702.
42-4-507. Wheel and axle loads. 42-4-703.
42-4-508. Gross weight of vehicles and
loads. 42-4-704.
42-4-509. Vehicles weighed - excess re- 42-4-705.
moved.
42-4-510. Permits for excess size and
weight and for manufactured
homes - rules.
42-4-511. Permit standards - state and lo-
cal. 42-4-706.
42-4-511.2. Authority for cooperative 42-4-707.
agreements with regional
states on excess size or 42-4-708.
weight vehicles - regulations.
Liability for damage to high-
way.
PART 6
SIGNALS - SIGNS - MARKINGS
42-4-601.
42-4-602.
42-4-603.
42-4-604.
42-4-605.
42-4-606.
42-4-607.
42-4-608.
42-4-609.
42-4-610.
42-4-611.
42-4-612.
42-4-613.
42-4-614.
42-4-615.
42-4-616.
Department to sign highways,
where.
Local traffic control devices.
Obedience to official traffic
control devices.
Traffic control signal legend.
Flashing signals.
Display of unauthorized signs
or devices.
Interference with official de-
vices.
Signals by hand or signal de-
vice.
Method of giving hand and arm
signals.
Unauthorized insignia.
Paraplegic persons or persons
with disabilities - distress
flag.
When signals are inoperative or
malfunctioning.
Failure to pay toll established
by regional transportation au-
thority.
Designation of highway main-
tenance, repair, or construc-
tion zones - signs - increase
in penalties for speeding vio-
lations.
School zones - increase in pen-
alties for moving traffic vio-
lations.
Wildlife crossing zones - in-
crease in penalties for mov-
ing traffic violations.
PART 7
RIGHTS-OF-WAY
Vehicles approaching or enter-
ing intersection.
Vehicle turning left.
Entering through highway -
stop or yield intersection.
Vehicle entering roadway.
Operation of vehicle ap-
proached by emergency vehi-
cle - operation of vehicle ap-
proaching stationary
emergency vehicle or station-
ary towing carrier vehicle.
Obedience to railroad signal.
Certain vehicles must stop at
railroad grade crossings.
Moving heavy equipment at
railroad grade crossing.
Vehicles and Traffic
Title 42 -page 260
42-4-709. Stop when traffic obstructed 42-4-1010.
42-4-710. Emerging from or entering al-
ley, driveway, or building. 42-4- 1011.
42-4-711. Driving on mountain highways. 42-4-1012.
42-4-712. Driving in highway work area.
42-4-713. Yielding right-of-way to transit
buses - definitions - penalty. 42-4-1013.
PART 8
PEDESTRIANS
42-4-801.
42-4-802.
Pedestrian obedience to traffic
control devices and traffic
regulations.
Pedestrians* right-of-way in
crosswalks.
42-4-1101.
42-4-1102.
42-4-1103.
42-4-1104.
42-4-803.
Crossing at other than cross-
walks.
42-4-1105.
42-4-804.
42-4-805.
Pedestrian to use right half of
crosswalk. (Repealed)
Pedestrians walking or travel-
ing in a wheelchair on high-
42-4-1106.
42-4-806.
42-4-807.
ways.
Driving through safety zone
prohibited.
Drivers to exercise due care.
42-4-808.
Drivers and pedestrians, other
than persons in wheelchairs,
to yield to persons with dis-
abilities.
42-4-1201.
42-4-1202.
PART 9
42-4-1203.
42-4-1204.
TURNING - STOPPING
42-4-901. Required position and method
of turning.
42-4-902. Limitations on turning around.
42-4-903. Turning movements and re-
quired signals.
PART 10
DRIVING - OVERTAKING - PASSING
42-4-1001. Drive on right side - excep-
tions.
42-4-1002. Passing oncoming vehicles.
42-4-1003. Overtaking a vehicle on the
left.
42-4-1004. When overtaking on the right is
permitted.
42-4-1005. Limitations on overtaking on
the left.
42-4-1006. One-way roadways and rotary
traffic islands.
42-4-1007. Driving on roadways laned for
traffic.
42-4-1008. Following too closely.
42-4-1008.5. Crowding or threatening bicy-
clist.
42-4-1009. Coasting prohibited.
42-4-1205.
42-4-1206.
42-4-1207.
42-4-1208.
42-4-1209.
42-4-1210.
42-4-1211.
42-4-1212.
Driving on divided or con-
trolled-access highways.
Use of runaway vehicle ramps.
High occupancy vehicle (HOV)
and high occupancy toll
(HOT) lanes.
Passing lane - definitions - pen-
alty.
PART 11
SPEED REGULATIONS
Speed limits.
Altering of speed limits.
Minimum speed regulation.
Speed limits on elevated struc-
tures.
Speed contests - speed exhibi-
tions - aiding and facilitating
- immobilization of motor
vehicle - definitions.
Minimum speed in left lane -
interstate 70.
PART 12
PARKING
Starting parked vehicle.
Parking or abandonment of ve-
hicles.
Ski areas to install signs.
Stopping, standing, or parking
prohibited in specified
places.
Parking at curb or edge of road-
way.
Unattended motor vehicle.
Opening and closing vehicle
doors.
Parking privileges for persons
with disabilities - applicabil-
ity - rules.
Owner liability for parking vio-
lations.
Designated areas on private
property for authorized ve-
hicles.
Limitations on backing.
Pay parking access for dis-
abled.
PART 13
ALCOHOL AND DRUG OFFENSES
42-4-1300.3.
42-4-1301.
42-4-1301.1.
Definitions. (Repealed)
Driving under the influence -
driving while impaired -
driving with excessive alco-
holic content - definitions -
penalties.
Expressed consent for the tak-
Title 42 - page 261
Regulation of Vehicles and Traffic
ing of blood, breath, urine, or
saliva sample - testing.
42-4-1301.2. Refusal of test - effect on driv-
er's license - revocation - re-
instatement (Repealed)
42-4-1301 .3. Alcohol and drug chiving safety
program.
42-4-1301.4. Useful public service - defini-
tions - local programs - as-
sessment of costs.
42-4-1302. Stopping of suspect.
42-4-1303. Records - prima facie proof.
42-4-1304. Samples of blood or other bod-
ily substance - duties of de-
partment of public health and
environment.
42-4-1305. Open alcoholic beverage con-
tainer - motor vehicle - pro-
hibited.
42-4- 1 306. Interagency task force on drunk
driving - creation.
42-4-1307. Penalties for traffic offenses in-
volving alcohol and drugs -
repeal.
PART 14
OTHER OFFENSES
42-4-1401. Reckless driving - penalty.
42-4-1402. Careless driving - penalty.
42-4-1403. Following fire apparatus pro-
hibited.
42-4-1404. Crossing fire hose.
42-4-1405. Riding in trailers.
42-4- 1406. Foreign matter on highway pro-
hibited.
42-4-1407. Spilling loads on highways pro-
hibited - prevention of spill-
ing of aggregate, trash, or re-
cyclables.
42-4-1407.5. Splash guards - when required.
42-4-1408. Operation of motor vehicles on
property under control of or
owned by parks and recre-
ation districts.
42-4-1409. Compulsory insurance - pen-
alty - legislative intent.
42-4-1410. Proof of financial responsibility
required - suspension of li-
cense.
42-4-1411. Use of earphones while driv-
ing.
42-4- 1412. Operation of bicycles and other
human-powered vehicles.
42-4-1413. Eluding or attempting to elude
a police officer.
42-4-1414. Use of dyed fuel on highways
prohibited.
42-4-1415. Radar jamming devices prohib-
ited - penalty.
spe-
42-4-1416. Failure to present a valid transit
pass or coupon - fare inspec-
tor authorization - defini-
tions.
PARTIS
MOTORCYCLES
42-4-1501. Traffic laws apply to
operating motorcycles
cial permits.
42-4-1502. Riding on motorcycles - protec-
tive helmet.
42-4-1503. Operating motorcycles on road-
ways laned for traffic.
42-4-1504. Clinging to other vehicles.
PART 16
ACCIDENTS AND ACCIDENT REPORTS
42-4-1601. Accidents involving death or
personal injuries - duties.
42-4-1602. Accident involving damage -
duty.
42-4-1603. Duty to give notice, informa-
tion, and aid.
42-4-1604. Duty upon striking unattended
vehicle or other property.
42-4-1605. Duty upon striking highway
fixtures or traffic control de-
vices.
42-4-1606. Duty to report accidents.
42-4-1607. When driver unable to give no-
tice or make written report.
42-4-1608. Accident report forms.
42-4-1609. Coroners to report.
42-4-1610. Reports by interested parties
confidential.
42-4-1611. Tabulation and analysis of re-
ports.
42-4-1612. Accidents in state highway
work areas - annual reporting
by department of transporta-
tion and Colorado state pa-
trol.
PART 17
PENALTIES AND PROCEDURE
42-4-1701. Traffic offenses and infractions
classified - penalties - penalty
and surcharge schedule - re-
peal.
42-4-1702. Alcohol- or drug-related traffic
offenses - collateral attack.
42-4-1703. Parties to a crime.
42-4-1 704. Offenses by persons controlling
vehicles.
42-4-1705. Person arrested to be taken be-
fore the proper court
42-4-1706. Juveniles - convicted - arrested
Vehicles and Traffic
Title 42 -page 262
and incarcerated - provisions
for confinement.
42-4-1707. Summons and complaint or
penalty assessment notice for
misdemeanors, petty of-
fenses, and misdemeanor
traffic offenses - release - reg-
istration.
42-4-1708. Traffic infractions - proper
court for hearing, burden of
proof - appeal - collateral at-
tack.
42-4-1709. Penalty assessment notice for
traffic infractions - violations
of provisions by officer -
driver's license.
42-4-1710. Failure to pay penalty for traffic
infractions - failure of parent
or guardian to sign penalty
assessment notice - proce-
dures.
42-4-1711. Compliance with promise to
appear.
42-4-1712. Procedure prescribed not exclu-
sive.
42^4-1713. Conviction record inadmissible
in civil action.
42-4-1714. Traffic violation not to affect
credibility of witness.
42-4-1715. Convictions, judgments, and
charges recorded - public in-
spection.
42-4-1716. Notice to appear or pay fine -
failure to appear - penalty.
42-4-1717. Conviction - attendance at
driver improvement school -
rules.
42-4-1718. Electronic transmission of data
- standards.
42-4-1719. Violations - commercial driv-
er's license - compliance
with federal regulation.
PART 18
VEHICLES ABANDONED ON PUBLIC
PROPERTY
42-4-1801. Legislative declaration.
42-4-1802. Definitions.
42-4-1803. Abandonment of motor ve-
hicles - public property.
42-4-1804. Report of abandoned motor ve-
hicles - owner's opportunity
to request hearing.
42-4-1805. Appraisal of abandoned motor
vehicles - sale.
42-4-1806. liens upon towed motor ve-
hicles.
42-4-1807.
42-4-1808.
42-4-1809.
42-4-1810.
42-4-1811.
42-4-1812.
42-4-1813.
42-4-1814.
Perfection of lien.
Foreclosure of lien.
Proceeds of sale.
Transfer and purge of certifi-
cates of title.
Penalty.
Exemptions.
Local regulations.
Violation of motor vehicle reg-
istration or inspection laws -
separate statutory provision.
PART 19
SCHOOL BUS REQUIREMENTS
42-4-1901. School buses - equipped with
supplementary brake retard-
ers.
42-4-1902. School vehicle drivers - special
training required.
42-4-1903. School buses - stops - signs -
passing.
42-4-1904. Regulations for school buses -
regulations on discharge of
passengers - penalty - excep-
tion.
PART 20
HOURS OF SERVICE
42-4-2001. Maximum hours of service -
ready-mix concrete truck op-
erators.
PART 21
VEHICLES ABANDONED ON PRIVATE
PROPERTY
42-4-2101. Legislative declaration.
42-4-2102. Definitions.
42-4-2103. Abandonment of motor ve-
hicles - private property.
42-4-2104. Appraisal of abandoned motor
vehicles - sale.
42-4-2104.5. Abandonment of motor ve-
hicles of limited value at re-
pair shops - legislative decla-
ration - definitions.
(Repealed)
42-4-2105. Liens upon towed motor ve-
hicles.
42-4-2106. Perfection of lien.
42-4-2107. Foreclosure of lien.
42-4-2108. Proceeds of sale.
42-4-2109. Transfer and purge of certifi-
cates of tide.
42-4-2110. Penalty.
Title 42 - page 263 Regulation of Vehicles and Traffic 42-4-103
PART 22 PART 23
RECYCLING MOTOR VEHICLES EDUCATION REGARDING USE OF
NONMOTOREED WHEELED
42-4-2201 Definitions. TRANSPORTATION BY MINORS
42-4-2202. Transfer for recycling.
42-4-2203. Vehicle verification system - 42-4-2301. Comprehensive education.
fees - rules.
42-4-2204. Theft discovered - duties - lia-
bility.
PARTI
TRAFFIC REGULATION - GENERALLY
42-4-101. Short title. Parts 1 to 3, 5 to 19, and 21 of this article, part 1 of article 2 of
this title, and part 5 of article 5 of title 43, C.R.S., shall be known and may be cited as the
"Uniform Safety Code of 1935".
Source: L. 94: Entire tide amended with relocations, p. 2227, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 485, § 5, effective July 1.
ANNOTATION
Applied in People v. Pinyan, 190 Colo. 304,
546 P.2d 488 (1976).
42-4-102. Legislative declaration. The general assembly recognizes the many con-
flicts which presently exist between the state's traffic laws and many of the municipal traffic
codes, which conflicts lead to uncertainty in the movement of traffic on the state's highways
and streets. These conflicts are compounded by the fact that today's Americans are
extremely mobile and that while this state enjoys a large influx of traffic from many areas,
there is some lack of uniformity existing between the "rules of the road" of this state and
those of other states of the nation. The general assembly, therefore, declares it the purpose
of this article to alleviate these conflicts and lack of uniformity by conforming, as nearly as
possible, certain of the traffic laws of this state with the recommendations of the national
committee of uniform traffic laws and ordinances as set forth in the committee's "Uniform
Vehicle Code".
Source: L. 94: Entire tide amended with relocations, p. 2227, § 1, effective January 1,
1995.
42-4-103. Scope and effect of article - exceptions to provisions. (1) This article
constitutes the uniform traffic code throughout the state and in all political subdivisions and
municipalities therein.
(2) The provisions of this article relating to the operation of vehicles and the movement
of pedestrians refer exclusively to the use of streets and highways except:
(a) Where a different place is specifically referred to in a given section;
(b) For provisions of sections 42-2-128, 42-4-1301 to 42-4-1303, 42-4-1401, 42-4-
1402, and 42-4-1413 and part 16 of this article which shall apply upon streets and highways
and elsewhere throughout the state.
Source: L. 94: Entire title amended with relocations, p. 2228, § 1, effective January 1,
1995. L. 2007: (1) amended, p. 31, § 6, effective August 3.
42-4-104
Vehicles and Traffic
ANNOTATION
Title 42 -page 264
Statutes and rules of the road are designed
to govern traffic upon highways, that are pre-
pared for use as such, for public convenience
and safety, and are applicable only to permanent
lines of travel. They have no application to parts
of a road under construction, where changing
conditions would not permit orderly travel under
established rules. Curtis v. Lawley, 140 Colo.
476, 346 P.2d 579 (1959).
This section does not determine scope of
implied consent law; its provisions apply only
when an operator is driving on a public highway.
State, Motor Vehicle Div. v. Dayhoff, 199 Colo.
363, 609 P.2d 119 (1980).
Traffic regulation as function of local gov-
ernment It is generally held that the individual
regulation pertaining to the establishment of
one-way streets, posting of stop signs, installa-
tion of traffic signals, establishment of varying
speed limits, and all regulations governing
movements of vehicles, streetcars, and of pedes-
trians on streets and sidewalks is the primary
function of local government. Retallack v. Po-
lice Court, 142 Colo. 214, 351 P.2d 884 (1960).
Local authorities are given express power
to supplement the state traffic statutes where
it is apparent that local control may be necessary
in addition to state control. City of Aurora v.
Mitchell, 144 Colo. 526, 357 P.2d 923 (1960).
Applied in Dayhoff v. State, Motor Vehicle
Div., 42 Colo. App. 91, 595 P.2d 1051 (1979).
42-4-104. Adoption of traffic control manual. The department of transportation shall
adopt a manual and specifications for a uniform system of traffic control devices consistent
with the provisions of this article for use upon highways within this state. Such uniform
system shall correlate with and insofar as possible conform to the system set forth in the
most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and
Highways*' and other related standards issued or endorsed by the federal highway admin-
istrator. For compliance with this section, the said department shall either publish and
distribute a state manual and specifications approved by the transportation commission or
shall, by the issuance of a traffic control manual supplement approved by the transportation
commission, adopt the said national manual and other related standards subject to such
exceptions, additions, and adaptations as are necessary for lawful and uniform application
in this state. Said state manual or supplement shall be made available to all municipal and
county road authorities and to other concerned agencies in the state.
Source: L. 94: Entire tide amended with relocations, p. 2228, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-501 as it existed prior to 1994.
ANNOTATION
The speed limit starts at the physical loca-
tion of file sign and continues to be in effect
until it ends at the next different speed limit
sign pursuant to the manual adopted by the
department of transportation pursuant to this
section. Shafron v. Cooke, 190 P.3d 812 (Colo.
App. 2008).
42-4-105. Local traffic control devices. Local authorities in their respective jurisdic-
tions shall place and maintain such traffic control devices upon highways under their
jurisdiction as they may deem necessary to indicate and to carry out the provisions of this
article or local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of
state highways to the provisions of sections 42-4-110 and 43-2-135 (1) (g), C.R.S. All such
traffic control devices shall conform to the state manual and specifications for statewide
uniformity as provided in section 42-4-104.
Source: L. 94: Entire title amended with relocations, p. 2228, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-503 (1) as it existed prior to 1994, and the
former § 42-4-105 was relocated to § 42-4-107.
Title 42 -page 265 Regulation of Vehicles and Traffic 42-4-106
ANNOTATION
Annotator's note. Since § 42-4-105 is sim- The regulation of traffic at street intersec-
ilar to § 42-4-503 as it existed prior to the 1994 tions in a home-rule dry is a matter of local
amending of title 42 as enacted by SB 94-1, a concern. Freeland v. Fife, 151 Colo. 339, 377
relevant case construing that provision has been P.2d 942 (1963).
included with the annotations to this section.
42-4-106. Who may restrict right to use highways. (1) Local authorities with
respect to highways under their jurisdiction may by ordinance or resolution prohibit the
operation of vehicles upon any such highway or impose restrictions as to the weight of
vehicles to be operated upon any such highway, for a total period of not to exceed ninety
days in any one calendar year, whenever any said highway by reason of deterioration, rain,
snow, or other climatic conditions will be seriously damaged or destroyed unless the use of
vehicles thereon is prohibited or the permissible weights thereof reduced.
(2) The local authority enacting any such ordinance or resolution shall erect or cause to
be erected and maintained signs designating the permissible weights.
(3) Local authorities, with respect to highways under their jurisdiction, may also, by
ordinance or resolution, prohibit the operation of trucks or commercial vehicles on
designated highways or may impose limitations as to the weight thereof, which prohibitions
and limitations shall be designated by appropriate signs placed on such highways.
(4) The department of transportation shall likewise have authority as granted in this
section to local authorities to determine by resolution and to impose restrictions as to the
weight of vehicles operated upon any highway under the jurisdiction of said department,
and such restrictions shall be effective when signs giving notice thereof are erected upon the
highways or portion of any highway affected by such resolution.
(5) (a) (I) The department of transportation shall also have authority to close any
portion of a state highway to public travel or to prohibit the use thereof unless motor
vehicles using the same are equipped with tire chains, four-wheel drive with adequate tires
for the existing conditions, or snow tires with a "mud and snow" or all weather rating from
the manufacturer having a tread of sufficient abrasive or skid-resistant design or composi-
tion and depth to provide adequate traction under existing driving conditions during storms
or when other dangerous driving conditions exist or during construction or maintenance
operations whenever the department considers such closing or restriction of use necessary
for the protection and safety of the public. Such prohibition or restriction of use shall be
effective when signs, including temporary or electronic signs, giving notice thereof are
erected upon such portion of said highway, and it shall be unlawful to proceed in violation
of such notice. The Colorado state patrol shall cooperate with the department of transpor-
tation in the enforcement of any such closing or restriction of use. "Tire chains*', as used
in this subsection (5), means metal chains which consist of two circular metal loops, one on
each side of the tire, connected by not less than nine evenly spaced chains across the tire
tread and any other traction devices differing from such metal chains in construction,
material, or design but capable of providing traction equal to or exceeding that of such metal
chains under similar conditions. The operator of a commercial vehicle with four or more
drive wheels other than a bus shall affix tire chains to at least four of the drive wheel tires
of such vehicle when such vehicle is required to be equipped with tire chains under this
subsection (5). The operator of a bus shall affix tire chains to at least two of the drive wheel
tires of such vehicle when such vehicle is required to be equipped with tire chains under this
subsection (5).
(H) Any person who operates a motor vehicle in violation of restrictions imposed by the
department of transportation or the state patrol under subparagraph (I) of this paragraph (a),
where the result of the violation is an incident that causes the closure of a travel lane in one
or both directions, shall be subject to an enhanced penalty as set forth in section 42-4-1701
(4) (a) (I) (F).
(HI) A person who violates subparagraph (I) of this paragraph (a) while operating a
commercial vehicle shall be subject to an enhanced penalty as set forth in section 42-4-1701
(4) (a) (I) (F).
42-4-106 Vehicles and Traffic Title 42 - page 266
(IV) A person who violates subparagraph (I) of this paragraph (a) while operating a
commercial vehicle and the violation causes a closure in a travel lane shall be subject to an
enhanced penalty as set forth in section 42-4-1701 (4) (a) (I) (F).
(V) If a fine is enhanced under subparagraphs (HI) and (IV) of this paragraph (a), the
portion of the fine that exceeds the fine imposed under subparagraph (I) for an enhancement
under subparagraph (HI), or subparagraph (II) for an enhancement under subparagraph (IV),
that is allocated to the state by sections 42-1-217 and 43-4-205, C.R.S., shall be transferred
to the state treasurer, who shall deposit it in the highway construction workers' safety
account within the highway users tax fund created by section 42-4-1701 (4) (c) (II) (B), to
be continuously appropriated to the department of transportation for work zone safety
equipment, signs, and law enforcement.
(VI) Subparagraphs (HI) and (IV) of this paragraph (a) shall not apply to a tow operator
who is towing a motor vehicle or traveling to a site from which a motor vehicle shall be
towed.
(VII) The Colorado department of transportation shall identify an appropriate place for
commercial vehicles to apply chains, if necessary, to comply with subparagraph (I) of this
paragraph (a) and provide adequate notice to commercial vehicle operators of such places.
(b) The transportation commission may promulgate rules to implement the provisions
of this subsection (5).
(6) (a) The department of transportation and local authorities, within their respective
jurisdictions, may, for the purpose of road construction and maintenance, temporarily close
to through traffic or to all vehicular traffic any highway or portion thereof for a period not
to exceed a specified number of workdays for project completion and shall, in conjunction
with any such road closure, establish appropriate detours or provide for an alternative
routing of the traffic affected when, in the opinion of said department or concerned local
authorities, as evidenced by resolution or ordinance, such temporary closing of the highway
or portion thereof and such rerouting of traffic is necessary for traffic safety and for the
protection of work crews and road equipment. Such temporary closing of the highway or
portion thereof and the routing of traffic along other roads shall not become effective until
official traffic control devices are erected giving notice of the restrictions, and, when such
devices are in place, no driver shall disobey the instructions or directions thereof.
(b) Local authorities, within their respective jurisdictions, may provide for the tempo-
rary closing to vehicular traffic of any portion of a highway during a specified period of the
day for the purpose of celebrations, parades, and special local events or civic functions
when in the opinion of said authorities such temporary closing is necessary for the safety
and protection of persons who are to use that portion of the highway during the temporary
closing.
(c) The department of transportation, local municipal authorities, and local county
authorities shall enter into agreements with one another for the establishment, signing, and
marking of appropriate detours and alternative routes which jointly affect state and local
road systems and which are necessary to carry out the provisions of paragraphs (a) and (b)
of this subsection (6). Any temporary closing of a street which is a state highway and any
rerouting of state highway traffic shall have the approval of the department of transportation
before such closing and rerouting becomes effective.
(7) (a) The transportation commission may also by resolution and within the reason-
able exercise of the police power of the state adopt rules and regulations concerning the
operation of any motor vehicle in any tunnel which is a part of the state highway system.
(b) In promulgating such rules and regulations, the transportation commission shall
consider the regulations of the public utilities commission and the United States department
of transportation relating to the transportation of dangerous articles and may prohibit or
regulate the operation of any motor vehicle which transports any article, deemed to be
dangerous, in any tunnel which is a part of the state highway system.
(8) (a) Except as provided in paragraph (b) of this subsection (8), a person who violates
any provision of this section commits a class B traffic infraction.
(b) A person who violates paragraph (a) of subsection (5) of this section while
operating a commercial vehicle commits a class B traffic infraction and shall be punished
Title 42 - page 267
Regulation of Vehicles and Traffic
42-4-107
as provided in section 42-4-1701 (4) (a) (I) (F); except that this paragraph (b) shall not apply
to a tow operator who is towing a motor vehicle or traveling to a site from which a motor
vehicle shall be towed.
Source: L. 94: Entire title amended with relocations, p. 2229, § 1, effective January 1,
1995. L. 96: (5) amended, p. 277, § 1, effective April 11. L. 2002: (5)(a)(n> amended, p.
96, § 1, effective March 26. L. 2007: (5)(a)(m), (5Xa)(IV), (5)(a)(V), (5)(a)(VI), and
(5)(a)(VlI) added and (8) amended, pp. 1332, 1333, §§ 1, 2, effective August 3.
Editor's note: This section is similar to former § 42-4-410 as it existed prior to 1994, and the
former § 42-4-106 was relocated to § 42-4-108.
Cross references: For the penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
ANNOTATION
Annotator's note. Since § 42-4-106 is sim-
ilar to § 42-4-410 as it existed prior to the 1994
amending of tide 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
A town was empowered by the Colorado
constitution to adopt an ordinance that re-
stricted truck traffic on two major streets in the
town. Carl Ains worth, Inc. v. Town of Morrison,
189 Colo. 223, 539 P.2d 1267 (1975).
The enforcement of a town ordinance prohib-
iting truck traffic on two major streets in the
town did not operate as an unreasonable, arbi-
trary, and discriminatory exercise of police
power in violation of amendment 14, U.S.
Const., and § 25 of art. n, Colo. Const. Carl
Ains worth, Inc. v. Town of Morrison, 189 Colo.
223, 539 P.2d 1267 (1975).
This section allows the board of county
commissioners to adopt resolutions prohibit-
ing the operation of through traffic by vehicles
upon certain county roads in residential areas
since it is a "local authority" under section
42-1-102(38). Asphalt Paving Co. v. Bd. of
County Comm'rs, 162 Colo. 254, 425 P.2d 289
(1967).
There is nothing illegal about a state gen-
eral assembly delegating powers local in na-
ture to local governmental units, provided that
the proper constitutional tests are met as to
maintaining a separation of powers and
nonabrogation of proper responsibility. Asphalt
Paving Co. v. Bd. of County Comm'rs, 162
Colo. 254, 425 P.2d 289 (1967).
Only local authorities are in a position to
determine which streets in a residential area
need to be regulated in a "reasonable" manner,
or would know about these problems in any
detail. It is essential that there be some control
for the public welfare in certain neighborhoods
of such matters as heavy truck weights which
are unsuitable on certain types of roads, exces-
sive noise, congestion, and air pollution, as well
as speed regulation. Asphalt Paving Co. v. Bd.
of County Comm'rs, 162 Colo. 254, 425 P.2d
289 (1967).
Standard of reasonable exercise of police
power applies. In addition to guidelines for
standards set forth in this section, by virtue of
section 42-4-109, the further standard of reason-
able exercise of police power applies. Asphalt
Paving Co. v. Bd. of County Comm'rs, 162
Colo. 254, 425 P.2d 289 (1967).
Discretion relating to police regulation may
be validly delegated without restrictions. As a
qualification of the general rule, where the dis-
cretion to be exercised relates to police regula-
tions for the protection of public morals, health,
safety, or general welfare, and it is impracticable
to fix standards without destroying the flexibility
necessary to enable the administrative officials
to carry out the legislative will, legislation del-
egating such discretion without such restrictions
may be valid. Asphalt Paving Co. v. Bd. of
County Comm'rs, 162 Colo. 254, 425 P.2d 289
(1967).
Reasonableness of classification. Where the
regulations apply equally to all trucks in transit
through designated residential areas except for
those needed for local deliveries, this is a rea-
sonable classification for the protection of the
health and safety of such neighborhoods and is
based upon a justifiable distinction that is not in
the least arbitrary. Asphalt Paving Co. v. Bd of
County Comm'rs, 162 Colo. 254, 425 P.2d 289
(1967).
Applied in People v. Boyd, 642 P.2d 1 (Colo.
1982).
42-4-107. Obedience to police officers. No person shall willfully fail or refuse to
comply with any lawful order or direction of any police officer invested by law with
authority to direct, control, or regulate traffic. Any person who violates any provision of this
section commits a class 2 misdemeanor traffic offense.
42-4-108 Vehicles and Traffic Title 42 - page 268
Source: L. 94: Entire title amended with relocations, p. 2230, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-105 as it existed prior to 1994, and the
former § 42-4-107 was relocated to § 42-4-109.
Cross references: For the penalty for a class 2 misdemeanor traffic offense, see § 42-4-1701
(3)(a)(II).
ANNOTATION
Annotator's note. Since § 42-4-107 is sim- Applied in Brutcher v. District Court, 195
ilar to § 42-4-105 as it existed prior to the 1994 Colo. 579, 580 P.2d 396 (1978).
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
42-4-108. Public officers to obey provisions - exceptions for emergency vehicles.
(1) The provisions of this article applicable to the drivers of vehicles upon the highways
shall apply to the drivers of all vehicles owned or operated by the United States, this state,
or any county, city, town, district, or other political subdivision of the state, subject to such
specific exceptions as are set forth in this article with reference to authorized emergency
vehicles.
(2) The driver of an authorized emergency vehicle, when responding to an emergency
call, or when in pursuit of an actual or suspected violator of the law, or when responding
to but not upon returning from a fire alarm, may exercise the privileges set forth in this
section, but subject to the conditions stated in this article. The driver of an authorized
emergency vehicle may:
(a) Park or stand, irrespective of the provisions of this title;
(b) Proceed past a red or stop signal or stop sign, but only after slowing down as may
be necessary for safe operation;
(c) Exceed the lawful speeds set forth in section 42-4-1 101 (2) or exceed the maximum
lawful speed limits set forth in section 42-4-1101 (8) so long as said driver does not
endanger life or property;
(d) Disregard regulations governing directions of movement or turning in specified
directions.
(3) The exemptions and conditions provided in paragraphs (b) to (d), in their entirety,
of subsection (2) of this section for an authorized emergency vehicle shall continue to apply
to section 24-10-106 (1) (a), C.R.S., only when such vehicle is making use of audible or
visual signals meeting the requirements of section 42-4-213, and the exemption granted in
paragraph (a) of subsection (2) of this section shall apply only when such vehicle is making
use of visual signals meeting the requirements of section 42-4-213 unless using such visual
signals would cause an obstruction to the normal flow of traffic; except that an authorized
emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected
violator of any provision of this title need not display or make use of audible or visual
signals so long as such pursuit is being made to obtain verification of or evidence of the
guilt of the suspected violator. Nothing in this section shall be construed to require an
emergency vehicle to make use of audible signals when such vehicle is not moving, whether
or not the vehicle is occupied.
(4) The provisions of mis section shall not relieve the driver of an authorized emer-
gency vehicle from the duty to drive with due regard for the safety of all persons, nor shall
such provisions protect the driver from the consequences of such driver's reckless disregard
for the safety of others.
(5) The state motor vehicle licensing agency shall designate any particular vehicle as an
authorized emergency vehicle upon a finding that the designation of that vehicle is
necessary to the preservation of life or property or to the execution of emergency
governmental functions. Such designation shall be in writing, and the written designation
shall be carried in the vehicle at all times, but failure to carry the written designation shall
not affect the status of the vehicle as an authorized emergency vehicle.
Title 42 - page 269
Regulation of Vehicles and Traffic
42-4-108
Source: L. 94: Entire title amended with relocations, p. 2231, § 1, effective January 1,
1995. L. 96: (3) amended, p. 958, § 4, effective July 1.
ANNOTATION
Annotator's note. Since § 42-4-108 is sim-
ilar to § 42-4-106 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
Proper standard under subsection (2) for
determining whether an emergency vehicle op-
erator was responding to an emergency call is an
objective standard from the perspective of the
reasonable emergency vehicle operator. Courts
must decide whether the emergency vehicle op-
erator reasonably believed that he or she was
responding to an emergency based on informa-
tion he or she knew or should have known.
Corsentino v. Cordova, 4 P.3d 1082 (Colo.
2000).
Proper standard under subsection (2)(c) for
determining whether an emergency vehicle
driver endangered life or property while speed-
ing is to ask whether the emergency vehicle
operator's speed created an unreasonable risk of
injury or damage to life or property. Courts
should limit their inquiry to the relationship
between the conduct of the emergency operator
prior to the accident and the circumstances sur-
rounding the conduct and important factors in-
clude, but are not limited to, the legal speed
limit in the area, the speed at which the operator
was driving, the conditions of the road, and the
type of area in which the operator was driving.
Corsentino v. Cordova, 4 P.3d 1082 (Colo.
2000).
Firefighters and city immune from liability
when an eight-foot section of hard suction hose
came loose from the truck and plaintiff drove
over the hose, causing personal injury and dam-
age to the car, because the fire truck was re-
sponding to a fire alarm and was using its emer-
gency lights and sirens. City of Grand Junction
v. Sisneros, 957 P.2d 1026 (Colo. 1998).
Police officer not immune from liability if
operating an emergency vehicle with "reckless
disregard for the safety of others". Zapp v.
Kukuris, 847 P.2d 150 (Colo. App. 1992).
Running a red light without slowing down
is not within the provisions of subsection
(2)(b). Therefore, the government may be held
liable for an accident resulting from such con-
duct, lunget v. Bd. of County Comm'rs, 992
P.2d 650 (Colo. App. 1999).
Under the emergency vehicle exception
provided for by subsection (2)(c) of this sec-
tion and § 24-10-106 (l)(a), a trial court must
find that a police officer who exceeded the speed
limit in pursuit of a fleeing crime suspect did not
endanger life or property before granting immu-
nity from a lawsuit resulting from a pursuit-
related traffic accident. Case remanded where
the trial court dismissed the lawsuit for lack of
subject matter jurisdiction based on sovereign
immunity without making such a finding.
Quintana v. City of Westminster, 8 P.3d 527
(Colo. App. 2000).
The general assembly chose not to apply
the conditions of subsection (2) of this section
to the indemnification provisions of $ 24-10-
110 (l)(b)(II) because this section refers only to
section 24-10-106 (l)(a). A public entity does
not have immunity if an operator of an emer-
gency vehicle speeds and endangers life or prop-
erty in violation of subsection (2)(c) of this
section, but the public entity is liable for any
claims against the operator of the emergency
vehicle. Only when the operator's acts causing
the injuries are willful and wanton is the oper-
ator personally liable. Corsentino v. Cordova, 4
P.3d 1082 (Colo. 2000).
Public entity and its employees immune
from tort liability if employee operating po-
lice vehicle while in actual pursuit of a sus-
pected violator of title 42, even if the employee
is not using the vehicle's emergency lights or
sirens, if the pursuit is made to obtain verifica-
tion of or evidence of the guilt of the suspected
violator. Tidwell v. City & County of Denver, 62
P.3d 1020 (Colo. App. 2002), rev'd on other
grounds, 83 P.3d 75 (Colo. 2003).
Police officer was engaged in a pursuit within
the provisions of subsection (3) when the driver
of a car fled the scene in a clear attempt to avoid
arrest or further investigation and the officer
followed the car. Tidwell v. City & County of
Denver, 83 P.3d 75 (Colo. 2003).
Police officer's pursuit was not investiga-
tory in nature when the officer already had
authority to stop and arrest the driver of a car
and the officer was pursuing the driver of the car
for that reason. Therefore the officer was re-
quired to activate his emergency signals in order
for the city to claim the protection of govern-
mental immunity under the Governmental Im-
munity Act. Tidwell v. City & County of Den-
ver, 83 P.3d 75 (Colo. 2003).
Police officer's alleged conduct could be
viewed as reckless and conscience-shocking
for purposes of 42 U.S.C. § 1983. Police offi-
cer's alleged conduct, particularly his decision
to speed against a red light through an intersec-
tion on a major boulevard without slowing down
or activating his siren in non-emergency circum-
stances, all in violation of state law and police
regulations, could be viewed as reckless and
conscience-shocking. Williams v. City &
County of Denver, 99 F.3d 1009 (10th Cir.
1996).
42-4-109 Vehicles and Traffic Title 42 - page 270
Dismissal of claim based on simple negli» Applied in Brown v. Kreuser, 38 Colo. App.
gence in operation of an emergency vehicle 554, 560 R2d 105 (1977); Mobell v. City &
was proper, since standard of care created in County of Denver, 671 P.2d 433 (Colo. App.
subsection (4) is "reckless disregard". Zapp v. 1983); Sierra v. City and County of Denver, 730
Kukuris, 847 P.2d 150 (Colo. App. 1992). P.2d 902 (Colo. App. 1986).
42-4-109. Low-power scooters, animals, skis, skates, and toy vehicles on highways.
(1) A person riding a low-power scooter upon a roadway where low-power scooter travel
is permitted shall be granted all of the rights and shall be subject to all of the duties and
penalties applicable to the driver of a vehicle as set forth in this article except those
provisions of this article that, by their very nature, can have no application.
(2) A person riding a low-power scooter shall not ride other than upon or astride a
permanent and regular seat attached thereto.
(3) No low-power scooter shall be used to carry more persons at one time than the
number for which it is designed and equipped.
(4) No person riding upon any low-power scooter, coaster, roller skates, sled, or toy
vehicle shall attach the same or himself or herself to any vehicle upon a roadway.
(5) A person operating a low-power scooter upon a roadway shall ride as close to the
right side of the roadway as practicable, exercising due care when passing a standing
vehicle or one proceeding in the same direction.
(6) Persons riding low-power scooters upon a roadway shall not ride more than two
abreast.
(6.5) A person under the age of eighteen years may not operate or carry a passenger
who is under eighteen years of age on a low-power scooter unless the person and the
passenger are wearing protective helmets in accordance with the provisions of section
42-4-1502 (4.5).
(7) For the sake of uniformity and bicycle, electrical assisted bicycle, and low-power
scooter safety throughout the state, the department in cooperation with the department of
transportation shall prepare and make available to all local jurisdictions for distribution to
bicycle, electrical assisted bicycle, and low-power scooter riders a digest of state regulations
explaining and illustrating the rules of the road, equipment requirements, and traffic control
devices that are applicable to such riders and their bicycles, electrical assisted bicycles, or
low-power scooters. Local authorities may supplement this digest with a leaflet describing
any additional regulations of a local nature that apply within their respective jurisdictions.
(8) Persons riding or leading animals on or along any highway shall ride or lead such
animals on the left side of said highway, facing approaching traffic. This shall not apply to
persons driving herds of animals along highways.
(9) No person shall use the highways for traveling on skis, toboggans, coasting sleds,
skates, or similar devices. It is unlawful for any person to use any roadway of this state as
a sled or ski course for the purpose of coasting on sleds, skis, or similar devices. It is also
unlawful for any person upon roller skates or riding in or by means of any coaster, toy
vehicle, or similar device to go upon any roadway except while crossing a highway in a
crosswalk, and when so crossing such person shall be granted all of the rights and shall be
subject to all of the duties applicable to pedestrians. TOs subsection (9) does not apply to
any public way which is set aside by proper authority as a play street and which is
adequately roped off or otherwise marked for such purpose.
(10) Every person riding or leading an animal or driving any animal-drawn conveyance
upon a roadway shall be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this article, except those provisions of this article
which by their very nature can have no application.
(11) Where suitable bike paths, horseback trails, or other trails have been established on
the right-of-way or parallel to and within one-fourth mile of the right-of-way of heavily
traveled streets and highways, the department of transportation may, subject to the provi-
sions of section 43-2-135, C.R.S., by resolution or order entered in its minutes, and local
authorities may, where suitable bike paths, horseback trails, or other trails have been
established on the right-of-way or parallel to it within four hundred fifty feet of the
right-of-way of heavily traveled streets, by ordinance, determine and designate, upon the
Title 42 - page 271 Regulation of Vehicles and Traffic 42-4-109.5
basis of an engineering and traffic investigation, those heavily traveled streets and highways
upon which shall be prohibited any bicycle, electrical assisted bicycle, animal rider,
animal-drawn conveyance, or other class or kind of nonmotorized traffic that is found to be
incompatible with the normal and safe movement of traffic, and, upon such a determination,
the department of transportation or local authority shall erect appropriate official signs
giving notice thereof; except that, with respect to controlled access highways, section
42-4-1010 (3) shall apply. When such official signs are erected, no person shall violate any
of the instructions contained thereon.
(12) The parent of any child or guardian of any ward shall not authorize or knowingly
permit any child or ward to violate any provision of this section.
(13) (a) Except as otherwise provided in paragraph (b) of this subsection (13), any
person who violates a provision of this section commits a class B traffic infraction.
(b) Any person who violates subsection (6.5) of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2232, § 1, effective January 1,
1995. L. 2007: (6.5) added and (13) amended, p. 1481, § 2, effective July 1. L. 2009: (1),
(2), (3), (4), (5), (6), (6.5), (7), and (11) amended, (HB 09-1026), ch. 281, p. 1270, § 35,
effective October 1.
Editor's note: This section is similar to former § 42-4-107 as it existed prior to 1994, and the
former § 42-4-109 was relocated to § 42-4-111.
Cross references: For use of snowmobiles on highways, see §§ 33-14-110 to 33-14-112; for the
penalty for a class B traffic infraction, see § 42-4-1701 (3)(a)(I).
ANNOTATION
Annotator's note. Since § 42-4-109 is sim- deceased son in sledding down the county road
ilar to § 42-4-107 as it existed prior to the 1994 violated the provisions of this section and as a
amending of title 42 as enacted by SB 94-1, a matter of law was guilty of contributory negli-
relevant case construing that provision has been gence barring recovery in an action for wrongful
included with the annotations to this section. death. Sullivan v. Davis, 172 Colo. 490, 474
One killed while violating this section is p.2d 218 (1970).
guilty of contributory negligence. Plaintiffs
42-4-109.5. Low-speed electric vehicles. (1) (a) A low-speed electric vehicle may
be operated only on a roadway that has a speed limit equal to or less than thirty-five miles
per hour; except that it may be operated to directly cross a roadway that has a speed limit
greater than thirty-five miles per hour at an at-grade crossing to continue traveling along a
roadway with a speed limit equal to or less than thirty-five miles per hour.
(b) Notwithstanding paragraph (a) of this subsection (1), a low-speed electric vehicle
may be operated on a state highway that has a speed limit equal to forty miles per hour or
cross a roadway with a speed limit equal to forty miles per hour to cross at-grade, if:
(1) Such roadway's lane width is eleven feet or greater,
(II) Such roadway provides two or more lanes in either direction; and
(HI) The department determines, in consultation with local government and law
enforcement, upon the basis of a traffic investigation, survey, appropriate design standards,
or projected volumes, that the operation of a low-speed electric vehicle on the roadway
poses no substantial safety risk or hazard to motorists, bicyclists, pedestrians, or other
persons.
(c) The department may waive the necessity of a traffic investigation or survey pursuant
to section 42-4-1102 or may conduct a traffic investigation or survey to determine where
low-speed electric vehicles can be driven safely on state highways or portions thereof. The
department shall conduct this traffic investigation or survey using existing appropriations.
(2) No person shall operate a low-speed electric vehicle on a limited-access highway.
(3) Any person who violates subsection (1) or (2) of this section commits a class B
traffic infraction.
42-4-109.6 Vehicles and Traffic Title 42 - page 272
(4) (Deleted by amendment, L. 2009, (SB 09-075), ch. 418, p. 2321, § 5, effective
August 5, 2009.)
(5) The Colorado department of transportation may regulate the operation of a low-
speed electric vehicle on a state highway located outside of a municipality. The regulation
shall take effect when the Colorado department of transportation places an appropriate sign
that provides adequate notice of the regulation.
Source: L. 97: Entire section added, p. 394, § 7, effective August 6. L. 2009: Entire
section amended, (SB 09-075), ch. 418, p. 2321, § 5, effective August 5. L. 2012: (1)
amended, (SB 12-013), ch. 148, p. 532, § 1, effective May 3.
42-4-109.6. Class B low-speed electric vehicles - effective date - rules. (1) A class
B low-speed electric vehicle may be operated only on a roadway that has a speed limit equal
to or less than forty-five miles per hour; except that it may be operated to directly cross a
roadway that has a speed limit greater than forty-five miles per hour at an at-grade crossing
to continue traveling along a roadway with a speed limit equal to or less than forty-five
miles per hour.
(2) No person shall operate a class B low-speed electric vehicle on a limited-access
highway.
(3) Any person who violates subsection (1) or (2) of this section commits a class B
traffic infraction.
(4) For the purposes of this section, "class B low-speed electric vehicle" means a
low-speed electric vehicle that is capable of traveling at greater than twenty-five miles per
hour but less than forty-five miles per hour.
(5) (a) The department of revenue shall not register or issue a title for a class B
low-speed electric vehicle until after the United States department of transportation, through
the national highway traffic safety administration, has adopted a federal motor vehicle
safety standard for low-speed electric vehicles that authorizes operation at greater than
twenty-five miles per hour but less than forty-five miles per hour.
(b) After the United States department of transportation, through the national highway
traffic safety administration, has adopted a federal motor vehicle safety standard for
low-speed electric vehicles that authorizes operation at greater than twenty-five miles per
hour but less than forty-five miles per hour, the department of revenue shall promulgate
rules authorizing the operation of class B low-speed electric vehicles in compliance with
this section and shall notify the revisor of statutes in writing. Upon the promulgation of
rules authorizing the operation of such vehicles, subsections (1) to (3) of mis section shall
take effect.
(6) The Colorado department of transportation may regulate the operation of a class B
low-speed electric vehicle on a state highway located outside of a municipality. The
regulation shall take effect when the Colorado department of transportation places an
appropriate sign that provides adequate notice of the regulation.
Source: L. 2009: Entire section added, (SB 09-075), ch. 418, p. 2322, § 6, effective
August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2125, § 186, effective August
11.
42-4-110. Provisions uniform throughout state. (1) The provisions of this article
shall be applicable and uniform throughout this state and in all political subdivisions and
municipalities therein. Cities and counties, incorporated cities and towns, and counties shall
regulate and enforce all traffic and parking restrictions on streets which are state highways
as provided in section 43-2-135 (1) (g), C.R.S., and all local authorities may enact and
enforce traffic regulations on other roads and streets within their respective jurisdictions. All
such regulations shall be subject to the following conditions and limitations:
(a) All local authorities may enact, adopt, or enforce traffic regulations which cover the
same subject matter as the various sections of this article and such additional regulations as
Title 42 - page 273 Regulation of Vehicles and Traffic 42-4-110
are included in section 42-4-111, except as otherwise stated in paragraphs (c) to (e) of this
subsection (1).
(b) All local authorities may, in the manner prescribed in article 16 of title 31, C.R.S.,
or in article 15 of tide 30, C.R.S., adopt by reference all or any part of a model traffic code
which embodies the rules of the road and vehicle requirements set forth in this article and
such additional regulations as are provided for in section 42-4-111; except that, in the case
of state highways, any such additional regulations shall have the approval of the department
of transportation.
(c) No local authority shall adopt, enact, or enforce on any street which is a state
highway any ordinance, rule, or resolution which alters or changes the meaning of any of
the "rules of the road** or is otherwise in conflict with the provisions of this article. For the
purpose of this section, the "rules of the road** shall be construed to mean any of the
regulations on the operation of vehicles set forth in this article which drivers throughout the
state are required to obey without the benefit or necessity of official traffic control devices
as declared in section 42-4-603 (2).
(d) In no event shall local authorities have the power to enact by ordinance regulations
governing the driving of vehicles by persons under the influence of alcohol or of a
controlled substance, as defined in section 18-18-102 (5), C.R.S., or under the influence of
any other drug to a degree that renders any such person incapable of safely operating a
vehicle, or whose ability to operate a vehicle is impaired by the consumption of alcohol or
by the use of a controlled substance, as defined in section 18-18-102 (5), C.R.S., or any
other drug, the registration of vehicles and the licensing of drivers, the duties and
obligations of persons involved in traffic accidents, and vehicle equipment requirements in
conflict with the provisions of this article; but said local authorities within their respective
jurisdictions shall enforce the state laws pertaining to these subjects, and in every charge of
violation the complaint shall specify the section of state law under which the charge is made
and the state court having jurisdiction.
(e) Pursuant to section 43-2-135 (1) (g), C.R.S., no regulation of a local authority shall
apply to or become effective for any streets which are state highways, including any part of
the national system of interstate and defense highways, until such regulation has been
presented to and approved in writing by the department of transportation; except that such
regulations shall become effective on such streets sixty days after receipt for review by the
department of transportation if not disapproved in writing by said department during that
sixty-day period.
(2) The municipal courts have jurisdiction over violations of traffic regulations enacted
or adopted by municipalities. However, the provisions of sections 42-4-1701, 42-4-1705,
and 42-4-1707 shall not be applicable to municipalities, except for the provisions of section
42-4-1701 (4) (e) (II).
(3) No person convicted of or pleading guilty to a violation of a municipal traffic
ordinance shall be charged or tried in a state court for the same or a similar offense.
(4) (a) Any municipality, city, county, or city and county located within the program
area of the AIR program area as defined in section 42-4-304 may adopt ordinances or
resolutions pertaining to the enforcement of the emissions control inspection requirements
set forth in section 42-4-310.
(b) An officer coming upon an unattended vehicle in the program area which is in
apparent violation of an ordinance or resolution adopted as authorized in paragraph (a) of
this subsection (4) may place upon such vehicle a penalty assessment notice indicating the
offense and directing the owner or operator of such vehicle to remit the penalty assessment
as set forth in such ordinance to the local jurisdiction in whose name the penalty assessment
notice was issued.
(c) The aggregate amount of fines, penalties, or forfeitures collected pursuant to
ordinances or resolutions adopted as authorized in paragraph (a) of this subsection (4) shall
be retained by the local jurisdiction in whose name such penalty notice was issued.
(5) The general assembly declares that the adjudication of class A and class B traffic
infractions through the county court magistrate system was not intended to create a conflict
between the provisions of this article and municipal ordinances covering the same subject
matter as this article nor was it intended to require or prohibit the decriminalization of
42-4-110.5
Vehicles and Traffic
Title 42 - page 274
municipal ordinances covering the same subject matter as this article. Municipalities may
continue to enforce violations of such ordinances through municipal court even though
similar state offenses are enforced through the magistrate system established under this
article.
Source: L. 94: Entire title amended with relocations, p. 2233, § 1, effective January 1,
1995. L. 99: IP(1) and (l)(b) amended, p. 367, § 1, effective August 4. L. 2002: (2)
amended, p. 1611, § 7, effective January 1, 2004. L. 2012: (l)(d) amended, (HB 12-1311),
ch. 281, p. 1632, § 89, effective July 1.
Editor's note: This section is similar to former § 42-4-108 as it existed prior to 1994, and the
former § 42-4-110 was relocated to § 42-4-112.
Cross references: For the penalty for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
ANNOTATION
Law reviews. For article, "One Year Review
of Criminal Law and Procedure", see 39 Dicta
81 (1962). For article, "One Year Review of
Criminal Law and Procedure", see 40 Den. L.
Ctr. J. 89 (1963).
Annotator's note. Since § 42-4-110 is sim-
ilar to § 42-4-108 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
The provisions of this section recognize the
necessity for certain supplemental municipal
traffic regulations and are a specific grant of
authority to other than home-rule cities to im-
pose additional controls not in conflict therewith
where deemed locally necessary. City of Aurora
v. Mitchell, 144 Colo. 526, 357 P.2d 923 (1960).
Authority for home-rule city to regulate
traffic constitutional. The authority for a home-
rule city to regulate traffic speeds and penalize
offenders is not found in the laws of the general
assembly, but rather, is a matter of state consti-
tutional law, under § 6 of art. XX, Colo. Const.
People v. Hizhniak, 195 Colo. 427, 579 P.2d
1131 (1978).
State statute superseded by local ordinance
in home-rule city. Assuming without deciding
that a careless driving ordinance lacks confor-
mity with the state statute, the latter is inopera-
tive within the limits of the home-rule city. The
ordinance has preempted the field in a "local
and municipal matter" and the statutes of the
state have been "superseded" by the ordinance
adopted by the city. City of Aurora v. Mitchell,
144 Colo. 526, 357 P.2d 923 (1960); People ex
rel. City of Aurora v. Thompson, 165 Colo. 172,
437 P2d 537 (1968).
Under the home-rule amendment, once a mat-
ter is determined to be a matter of local and
municipal concern, any local ordinance in a
home-rule city addressing the matter will super-
sede a conflicting state statute. People v.
Hizhniak, 195 Colo. 427, 579 P.2d 1131 (1978).
Local authority under subsection (l)(c). As
to those streets which are not state highways, a
local authority may, pursuant to subsection
(l)(c), adopt and enforce a local traffic ordi-
nance which is in conflict with a state statutory
traffic regulation covering the same subject mat-
ter. Mobell v. City & County of Denver, 671
P2d 433 (Colo. App. 1983).
Procedural protections. Subsection (2) does
no more than grant a municipality the authority
to prosecute violations of its traffic ordinances
through its own court system under a penalty
scheme of its own choosing, but always consis-
tent with the procedural protections accorded a
defendant charged with violating a state statute
proscribing the same conduct. City of Green-
wood Vill. v. Fleming, 643 P.2d 511 (Colo.
1982).
"The same or similar offenses". Careless
driving in violation of a municipal ordinance
and driving under the influence in violation of a
state statute do not constitute "the same or
similar offenses" under subsection (3). Martinez
v. People, 174 Colo. 365, 484 P.2d 792 (1971).
Applied in People v. Pinyan, 190 Colo. 304,
546 P.2d 488 (1976); Stortz v. Colo. Dept. of
Rev., Motor Vehicle Div., 195 Colo. 325, 578
P.2d 229 (1978); People v. Wade, 757 P.2d 1074
(Colo. 1988).
42-4-110.5. Automated vehicle identification systems. (1) The general assembly
hereby finds and declares that the enforcement of traffic laws through the use of automated
vehicle identification systems under this section is a matter of statewide concern and is an
area in which uniform state standards are necessary.
(1.5) Except for the authorization contained in subsection (1.7) of this section, nothing
Title 42 - page 275 Regulation of Vehicles and Traffic 42-4- 1 10.5
in this section shall apply to a violation detected by an automated vehicle identification
device for driving twenty-five miles per hour or more in excess of the reasonable and
prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit
of seventy-five miles per hour detected by the use of an automated vehicle identification
device.
( 1 .7) (a) Upon request from the department of transportation, the department of public
safety shall utilize an automated vehicle identification system to detect speeding violations
under part 11 of this article within a highway maintenance, repair, or construction zone
designated pursuant to section 42-4-614 (1) (a), if the department of public safety complies
with subsections (2) to (6) of this section. An automated vehicle identification system shall
not be used under this subsection (1.7) unless maintenance, repair, or construction is
occurring at the time the system is being used. The department of public safety may contract
with a vendor to implement this subsection (1.7). If the department of public safety
contracts with a vendor, the contract shall incorporate the processing elements specified by
the department of public safety. The department of public safety may contract with the
vendor to notify violators, collect and remit the penalties and surcharges to the state treasury
less the vendor's expenses, reconcile payments against outstanding violations, implement
collection efforts, and notify the department of public safety of unpaid violations for
possible referral to the judicial system. No penalty assessment or summons and complaint
or a penalty or surcharge for a violation detected by an automated vehicle identification
system under this subsection (1.7) shall be forwarded to the department for processing.
(b) The department of transportation shall reimburse the department of public safety for
the direct and indirect costs of complying with this subsection (1.7).
(2) A municipality may adopt an ordinance authorizing the use of an automated vehicle
identification system to detect violations of traffic regulations adopted by the municipality,
or the state, a county, a city and county, or a municipality may utilize an automated vehicle
identification system to detect traffic violations under state law, subject to the following
conditions and limitations:
(a) (I) (Deleted by amendment, L. 2002, p. 570, § 1, effective May 24, 2002.)
(II) If the state, a county, a city and county, or a municipality detects any alleged
violation of a municipal traffic regulation or a traffic violation under state law through the
use of an automated vehicle identification system, then the state, county, city and county, or
municipality shall serve the penalty assessment notice or summons and complaint for the
alleged violation on the defendant no later than ninety days after the alleged violation
occurred. If a penalty assessment notice or summons and complaint for a violation detected
using an automated vehicle identification system is personally served, the state, a county, a
city and county, or a municipality may only charge the actual costs of service of process that
shall be no more than the amount usually charged for civil service of process.
(b) Notwithstanding any other provision of the statutes to the contrary, the state, a
county, a city and county, or a municipality may not report to the department any conviction
or entry of judgment against a defendant for violation of a municipal traffic regulation or
a traffic violation under state law if the violation was detected through the use of an
automated vehicle identification system.
(c) The state, a county, a city and county, or a municipality may not report to the
department any outstanding judgment or warrant for purposes of section 42-2-107 (5) or
42-2-118 (3) based upon any violation or alleged violation of a municipal traffic regulation
or traffic violation under state law detected through the use of an automated vehicle
identification system.
(d) (I) The state, a county, a city and county, or a municipality may not use an
automated vehicle identification system to detect a violation of part 11 of this article or a
local speed ordinance unless there is posted an appropriate temporary sign in a conspicuous
place not fewer than three hundred feet before the area in which the automated vehicle
identification device is to be used notifying the public that an automated vehicle identifi-
cation device is in use immediately ahead. The requirement of this subparagraph (I) shall
not be deemed satisfied by the posting of a permanent sign or signs at the borders of a
county, city and county, or municipality, nor by the posting of a permanent sign in an area
42-4-110.5 Vehicles and Traffic Title 42 - page 276
in which an automated vehicle identification device is to be used, but this subparagraph (I)
shall not be deemed a prohibition against the posting of such permanent signs.
(II) Except as provided in subparagraph (I) of this paragraph (d), an automated vehicle
identification system designed to detect disobedience to a traffic control signal or another
violation of this article or a local traffic ordinance shall not be used unless the state, county,
city and county, or municipality using such system conspicuously posts a sign notifying the
public that an automated vehicle identification device is in use immediately ahead. The sign
shall:
(A) Be placed in a conspicuous place not fewer than two hundred feet nor more than
five hundred feet before the automated vehicle identification system; and
(B) Use lettering that is at least four inches high for upper case letters and two and
nine-tenths inches high for lower case letters.
(e) The state, a county, a city and county, or a municipality may not require a registered
owner of a vehicle to disclose the identity of a driver of the vehicle who is detected through
the use of an automated vehicle identification system. However, the registered owner may
be required to submit evidence that the owner was not the driver at the time of the alleged
violation.
(t) The state, a county, a city and county, or a municipality shall not issue a penalty
assessment notice or summons for a violation detected using an automated vehicle
identification system unless, at the time the violation is alleged to have occurred, an officer
or employee of the state, the county, the city and county, or the municipality is present
during the operation of the automated vehicle identification device; except that this
paragraph (f) shall not apply to an automated vehicle identification system designed to
detect violations for disobedience to a traffic control signal.
(g) CD The state, a county, a city and county, or a municipality shall not issue a penalty
assessment notice or summons for a violation detected using an automated vehicle
identification system unless the violation occurred within a school zone, as defined in
section 42-4-615; within a residential neighborhood; within a maintenance, construction, or
repair zone designated pursuant to section 42-4-614; or along a street that borders a
municipal park.
(II) For purposes of this paragraph (g), unless the context otherwise requires, "resi-
dential neighborhood** means any block on which a majority of the improvements along
both sides of the street are residential dwellings and the speed limit is thirty-five miles per
hour or less.
(III) This paragraph (g) shall not apply to an automated vehicle identification system
designed to detect disobedience to a traffic control signal.
(3) The department has no authority to assess any points against a license under section
42-2-127 upon entry of a conviction or judgment for a violation of a municipal traffic
regulation or a traffic violation under state law if the violation was detected through the use
of an automated vehicle identification system. The department may not keep any record of
such violation in the official records maintained by the department under section 42-2-121.
(4) (a) If the state, a county, a city and county, or a municipality detects a speeding
violation of less than ten miles per hour over the reasonable and prudent speed under a
municipal traffic regulation or under state law through the use of an automated vehicle
identification system and the violation is the first violation by such driver that the state,
county, city and county, or municipality has detected using an automated vehicle identifi-
cation system, then the state, county, city and county, or municipality shall mail such driver
a warning regarding the violation and the state, county, city and county, or municipality may
not impose any penalty or surcharge for such first violation.
(b) (I) If the state, a county, a city and county, or a municipality detects a second or
subsequent speeding violation under a municipal traffic regulation or under state law by a
driver, or a first such violation by the driver if the provisions of paragraph (a) of this
subsection (4) do not apply, through the use of an automated vehicle identification system,
then, except as may be permitted in subparagraph (H) of this paragraph (b), the maximum
penalty that the state, county, city and county, or municipality may impose for such
violation, including any surcharge, is forty dollars.
Title 42 - page 277 Regulation of Vehicles and Traffic 42-4-1 1 1
(II) If any violation described in subparagraph (I) of this paragraph (b) occurs within a
school zone, as defined in section 42-4-615, the maximum penalty that may be imposed
shall be doubled.
(HI) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance,
construction, or repair zone designated pursuant to section 42-4-614.
(4.5) If the state, a county, a city and county, or a municipality detects a violation under
a municipal traffic regulation or under state law for disobedience to a traffic control signal
through the use of an automated vehicle identification system, the maximum penalty that the
state, a county, a city and county, or a municipality may impose for such violation, including
any surcharge, is seventy-five dollars.
(4.7) If a driver fails to pay a penalty imposed for a violation detected using an
automated vehicle identification device, the state, a county, a city and county, or a
municipality shall not attempt to enforce such a penalty by immobilizing the driver's
vehicle.
(5) If the state, a county, a city and county, or a municipality has established an
automated vehicle identification system for the enforcement of municipal traffic regulations
or state traffic laws, then no portion of any fine collected through the use of such system
may be paid to the manufacturer or vendor of the automated vehicle identification system
equipment. The compensation paid by the state, county, city and county, or municipality for
such equipment shall be based upon the value of such equipment and may not be based
upon the number of traffic citations issued or the revenue generated by such equipment
(6) As used in this section, the term "automated vehicle identification system" means
a system whereby:
(a) A machine is used to automatically detect a violation of a traffic regulation and
simultaneously record a photograph of the vehicle, the operator of the vehicle, and the
license plate of the vehicle; and
(b) A penalty assessment notice or summons and complaint is issued to the registered
owner of the motor vehicle.
Source: L. 97: Entire section added, p. 1667, § 1, effective June 5. L. 99: (1.5) and
(4.5) added and (2), (4), and (5) amended, p. 612, § 1, effective May 17. L. 2002: (2)(a),
(2)(d), and (4.5) amended and (2)(f), (2Xg), and (4.7) added, pp. 570, 572, §§ 1, 2, effective
May 24. L. 2004: (2)(d) amended, p. 351, § 1, effective August 4. L. 2008: (1.5) and
(2)(g)(I) amended and (1.7) and (4)(b)(HI) added, pp. 2080, 2081, §§ 4, 5, effective June
3. L. 2009: (2)(d) amended, (SB 09-222), ch. 150, p. 629, § 1, effective August 5.
Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act
amending subsections (1.5) and (2)(g)(I) and enacting subsections (1.7) and (4)(b)(IH) shall be known
and may be cited as the "Charles Mather Highway Safety Act".
ANNOTATION
This section supersedes conflicting provi- state concern. In the event of conflict, state law
sions of municipal ordinances. Regulation of prevails. City of Commerce City v. State, 40
automated vehicle identification systems to en- P.3d 1273 (Colo. 2002).
force traffic laws is a matter of mixed local and
42-4-111. Powers of local authorities. (1) This article shall not be deemed to prevent
local authorities, with respect to streets and highways under their jurisdiction and within the
reasonable exercise of the police power, except those streets and highways that are parts of
the state highway system mat are subject to section 43-2-135, C.R.S., from:
(a) Regulating or prohibiting the stopping, standing, or parking of vehicles, consistent
with the provisions of this article;
(b) Establishing parking meter zones where it is determined upon the basis of an
engineering and traffic investigation that the installation and operation of parking meters is
necessary to aid in the regulation and control of the parking of vehicles during the hours and
on the days specified on parking meter signs;
42-4-111 Vehicles and Traffic Title 42 - page 278
(c) Regulating traffic by means of police officers or official traffic control devices,
consistent with the provisions of this article;
(d) Regulating or prohibiting processions or assemblages on the highways, consistent
with the provisions of this article;
(e) Designating particular highways or roadways for use by traffic moving in one
direction, consistent with the provisions of this article;
(f) Designating any highway as a through highway or designating any intersection as a
stop or yield intersection, consistent with the provisions of this article;
(g) Designating truck routes and restricting the use of highways, consistent with the
provisions of this article;
(h) Regulating the operation of bicycles or electrical assisted bicycles and requiring the
registration and licensing of same, including the requirement of a registration fee, consistent
with the provisions of this article;
(i) Altering or establishing speed limits, consistent with the provisions of this article;
(j) Establishing speed limits for vehicles in public parks, consistent with the provisions
of this article;
(k) Determining and designating streets, parts of streets, or specific lanes thereon upon
which vehicular traffic shall proceed in one direction during one period and the opposite
direction during another period of the day, consistent with the provisions of this article;
(1) Regulating or prohibiting the turning of vehicles, consistent with the provisions of
this article;
(m) Designating no-passing zones, consistent with the provisions of this article;
(n) Prohibiting or regulating the use of controlled-access roadways by nonmotorized
traffic or other kinds of traffic, consistent with the provisions of this article;
(0) Establishing minimum speed limits, consistent with the provisions of this article;
(p) Designating hazardous railroad crossings, consistent with the provisions of this
article;
(q) Designating and regulating traffic on play streets, consistent with the provisions of
this article;
(r) Prohibiting or restricting pedestrian crossing, consistent with the provisions of this
article;
(s) Regulating the movement of traffic at school crossings by official traffic control
devices or by duly authorized school crossing guards, consistent with the provisions of this
article;
(t) Regulating persons propelling push carts;
(u) Regulating persons upon skates, coasters, sleds, or similar devices, consistent with
the provisions of this article;
(v) Adopting such temporary or experimental regulations as may be necessary to cover
emergencies or special conditions;
(w) Adopting such other traffic regulations as are provided for by this article;
(x) Closing a street or portion thereof temporarily and establishing appropriate detours
or an alternative routing for the traffic affected, consistent with the provisions of this article;
(y) Regulating the local movement of traffic or the use of local streets where such is not
provided for in this article;
(z) Regulating the operation of low-power scooters, consistent with the provisions of
this article; except that local authorities shall be prohibited from establishing any require-
ments for the registration and licensing of low-power scooters;
(aa) Regulating the operation of low-speed electric vehicles, including, without limi-
tation, establishing a safety inspection program, on streets and highways under their
jurisdiction by resolution or ordinance of the governing body, if such regulation is
consistent with the provisions of this title;
(bb) Authorizing and regulating the operation of golf cars on roadways by resolution or
ordinance of the governing body, if the authorization or regulation is consistent with this
title and does not authorize:
(1) An unlicensed driver of a golf car to carry a passenger who is under twenty-one
years of age;
(II) Operation of a golf car by a person under sixteen years of age; or
Title 42 -page 279
Regulation of Vehicles and Traffic
42-4-111
(HI) Operation of a golf car on a state highway;
(cc) Authorizing, prohibiting, or regulating the use of an EPAMD on a roadway,
sidewalk, bike path, or pedestrian path consistent with section 42-4-117 (1) and (3);
(dd) Authorizing the use of the electrical motor on an electrical assisted bicycle on a
bike or pedestrian path;
(ee) Enacting the idling standards in conformity with section 42-14-103.
(2) No ordinance or regulation enacted under paragraph (a), (b), (e), (f), (g), (i), (j)> 00»
(1), (m), (n), (o), (p), (q), (r), (v), (x), (y), (aa), or (cc) of subsection (1) of this section shall
be effective until official signs or other traffic control devices conforming to standards as
required by section 42-4-602 and giving notice of such local traffic regulations are placed
upon or at the entrances to the highway or part thereof affected as may be most appropriate.
(3) (a) A board of county commissioners may by resolution authorize the use of
designated portions of unimproved county roads within the unincorporated portion of the
county for motor vehicles participating in timed endurance events and for such purposes
shall make such regulations relating to the use of such roads and the operation of vehicles
as are consistent with public safety in the conduct of such event and with the cooperation
of county law enforcement officials.
(b) Such resolution by a board of county commissioners and regulations based thereon
shall designate the specific route which may be used in such event, the time limitations
imposed upon such use, any necessary restrictions in the use of such route by persons not
participating in such event, special regulations concerning the operation of vehicles while
participating in such event in which case any provisions of this article to the contrary shall
not apply to such event, and such requirements concerning the sponsorship of any such
event as may be reasonably necessary to assure adequate responsibility therefor.
Source: L. 94: Entire tide amended with relocations, p. 2235, § 1, effective January 1,
1995. L. 97: (l)(aa) added and (2) amended, p. 394, §§ 8, 9, effective August 6. L. 2009:
IP(1) and (l)(aa) amended and (l)(bb) added, (SB 09-075), ch. 418, p. 2323, § 7, effective
August 5; IP(1), (l)(h), (l)(z), and (2) amended and (l)(cc) and (l)(dd) added, (HB
09-1026), ch. 281, p. 1271, § 36, effective October 1. L. 2011: (lXee) added, (HB
11-1275), ch. 215, p. 942, § 1, effective July 1. L. 2012: (l)(bbXII) amended, (SB 12-013),
ch. 148, p. 533, § 2, effective May 3.
Editor's note: (1) This section is similar to former § 42-4-109 as it existed prior to 1994, and
the former § 42-4-111 was relocated to § 42-4-113.
(2) Amendments to the introductory portion to subsection (1) by Senate Bill 09-075 and House
Bill 09-1026 were harmonized.
Cross references: For powers and duties of the Colorado state patrol, see part 2 of article 33.5 of
tide 24.
ANNOTATION
Law reviews. For article, "One Year Review
of Criminal Law and Procedure*', see 39 Dicta
81 (1962). For article, "One Year Review of
Criminal Law and Procedure", see 40 Den. L.
Or. J. 89 (1963).
Annotator's note. Since § 42-4-111 is simi-
lar to § 42-4-109 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
don.
State may delegate powers local in nature
to local governmental units. In the absence of
any constitutional prohibition, there is nothing
illegal about a general assembly delegating
powers local in nature to local governmental
units, provided that the proper constitutional
tests are met as to maintaining a separation of
powers and nonabrogation of proper responsi-
bility. Asphalt Paving Co. v. Bd. of County
Comm'rs, 162 Colo. 254, 425 P.2d 289 (1967).
Municipal ordinance of local concern su-
persedes conflicting state statute. Under the
home-rule amendment, once a matter is deter-
mined to be a matter of local and municipal
concern, any local ordinance in a home-rule city
addressing the matter will supersede a conflict-
ing state statute. People v. Hizhniak, 195 Colo.
427, 579 P.2d 1131 (1978).
Authority for home-rule city to regulate
traffic speeds and penalize offenders is not
found in the laws of the general assembly, but
42-4-112
Vehicles and Traffic
Title 42 -page 280
rather, is a matter of state constitutional law,
under § 6 of art. XX, Colo. Const. People v.
Hizhniak, 195 Colo. 427, 579 P.2d 1131 (1978).
Regulation of speed is not solely a matter of
statewide concern. Wiggins v. McAuliffe, 144
Colo. 363, 356 P.2d 487 (1960).
This section permits all local authorities to
regulate the speed of vehicles even though the
state has its own statutes thereon except those
highways designated as connecting links in the
state highway system. Wiggins v. McAuliffe,
144 Colo. 363, 356 P.2d 487 (1960).
This section does not give municipality the
right to punish. This section recognizes the
power of municipalities to regulate in particular
areas of traffic and acknowledges the right of a
municipality to regulate on subjects such as
parking of vehicles, flow of traffic through con-
trol signs, creation of one-way streets, regulat-
ing speed and traffic at intersections, but it does
not specifically approve the right of a munici-
pality to punish the operator of a vehicle who
drives without a license. Consequently, we must
conclude that this authority has been preempted
by the state and has been withheld from a mu-
nicipality. Davis v. City & County of Denver,
140 Colo. 30, 342 P.2d 674 (1959).
Validity of legislation giving unrestricted
discretion to local police. As a qualification of
the general rule, where the discretion to be
exercised relates to police regulations for the
protection of public morals, health, safety, or
general welfare, and it is impracticable to fix
standards without destroying the flexibility nec-
essary to enable the administrative officials to
carry out the legislative will, legislation delegat-
ing such discretion without such restrictions
may be valid. Asphalt Paving Co. v. Bd. of
County Comm'rs, 162 Colo. 254, 425 P.2d 289
(1967).
The general assembly has specifically ex-
cluded implements of husbandry from the
scope of powers of local authorities to regulate
vehicles on county roads. Bd. of County
Comm'rs of Logan County v. Vandemoer, 205
P.3d 423 (Colo. App. 2008).
42-4-112. Noninterference with the rights of owners of realty. Subject to the
exception provided in section 42-4-103 (2), nothing in this article shall be construed to
prevent the owner of real property used by the public for purposes of vehicular travel by
permission of the owner and not as matter of right from prohibiting such use, or from
requiring other or different or additional conditions than those specified in this article, or
from otherwise regulating such use as may seem best to such owner.
Source: L. 94: Entire title amended with relocations, p. 2237, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-110 as it existed prior to 1994, and the
former § 42-4-112 was relocated to § 42-4-1211.
42-4-113. Appropriations for administration of article. The general assembly shall
make appropriations from the highway users tax fund for the expenses of the administration
of this article.
Source: L. 94: Entire title amended with relocations, p. 2238, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-111 as it existed prior to 1994, and the
former § 42-4-113 was relocated to § 42-4-1405.
42-4-114. Removal of traffic hazards. (1) The department of transportation and
local authorities, within their respective jurisdictions, may by written notice sent by certified
mail require the owner of real property abutting on the right-of-way of any highway,
sidewalk, or other public way to trim or remove, at the expense of said property owner, any
tree limb or any shrub, vine, hedge, or other plant which projects beyond the property line
of such owner onto or over the public right-of-way and thereby obstructs the view of traffic,
obscures any traffic control device, or otherwise constitutes a hazard to drivers or pedes-
(2) It is the duty of the property owner to remove any dead, overhanging boughs of
trees located on the premises of such property owner that endanger life or property on the
public right-of-way.
Title 42 - page 281 Regulation of Vehicles and Traffic 42-4-1 16
(3) In the event that any property owner fails or neglects to trim or remove any such
tree limb or any such shrub, vine, hedge, or other plant within ten days after receipt of
written notice from said department or concerned local authority to do so, said department
or local authority may do or cause to be done the necessary work incident thereto, and said
property owner shall reimburse the state or local authority for the cost of the work
performed.
Source: L. 94: Entire tide amended with relocations, p. 2238, § 1, effective January 1,
1995.
42-4-115. Information on traffic law enforcement - collection - profiling - annual
report - repeat (Repealed)
Source: L. 2001: Entire section added, p. 933, § 1, effective June 5.
Editor's note: Subsection (4) provided for the repeal of this section, effective January 1, 2004. (See
L. 2001, p. 933.)
42-4-116. Restrictions for minor drivers - definitions. (1) (a) Except as provided in
paragraph (c) of this subsection (1), a minor driver shall not operate a motor vehicle
containing a passenger who is under twenty-one years of age and who is not a member of
the driver's immediate family until such driver has held a valid driver's license for at least
six months.
(b) Except as provided in paragraph (c) of this subsection (1), a minor driver shall not
operate a motor vehicle containing more than one passenger who is under twenty-one years
of age and who is not a member of the driver's immediate family until such driver has held
a valid driver's license for at least one year.
(c) Paragraphs (a) and (b) of this subsection (1 ) shall not apply if:
(1) The motor vehicle contains the minor' s parent or legal guardian or other responsible
adult described in section 42-2-108;
(II) The motor vehicle contains an adult twenty-one years of age or older who currently
holds a valid driver's license and has held such license for at least one year;
(III) The passenger who is under twenty-one years of age is in the vehicle on account
of a medical emergency;
(IV) All passengers who are under twenty-one years of age are members of the driver's
immediate family and all such passengers are wearing a seatbelt.
(2) (a) Except as provided in paragraph (b) of this subsection (2), a minor driver shall
not operate a motor vehicle between 12 midnight and 5 a.m. until such driver has held a
driver's license for at least one year.
(b) This subsection (2) shall not apply if:
(I) The motor vehicle contains the minor's parent or legal guardian or other responsible
adult described in section 42-2-108;
(II) The motor vehicle contains an adult twenty-one years of age or older who currently
holds a valid driver's license and has held such license for at least one year;
(HI) The minor is driving to school or a school-authorized activity when the school
does not provide adequate transportation, so long as the driver possesses a signed statement
from the school official containing the date the activity will occur;
(IV) The minor is driving on account of employment when necessary, so long as the
driver possesses a signed statement from the employer verifying employment;
(V) The minor is driving on account of a medical emergency; or
(VI) The minor is an emancipated minor.
(3) A violation of this section is a traffic infraction, and, upon conviction, the violator
may be punished as follows:
(a) By the imposition of not less than eight hours nor more than twenty-four hours of
community service for a first offense and not less than sixteen hours nor more than forty
hours of community service for a subsequent offense;
42-4-117 Vehicles and Traffic Title 42 - page 282
(b) By the levying of a fine of not more than fifty dollars for a first offense, a fine of
not more than one hundred dollars for a second offense, and a fine of one hundred fifty
dollars for a subsequent offense;
(c) By an assessment of two license suspension points pursuant to section 42-2-127 (5)
(kk).
(4) For the purposes of this section:
(a) "Emancipated minor** means an individual under eighteen years of age whose
parents or guardian has surrendered parental responsibilities, custody, and the right to the
care and earnings of such person, and are no longer under a duty to support such person.
(b) "Minor driver** means a person who is operating a motor vehicle and who is under
eighteen years of age.
(5) No driver in a motor vehicle shall be cited for a violation of this section unless such
driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4
of this title other than a violation of this section.
Source: L. 2005: Entire section added, p. 332, § 1, effective July 1.
42-4-117. Personal mobility devices. (1) A rider of an EPAMD shall have all the
same rights and duties as an operator of any other vehicle under this article, except as to
those provisions that by their nature have no application.
(2) Unless prohibited under section 42-4-111 (1) (cc), an EPAMD may be operated on
a roadway in conformity with vehicle use.
(3) An EPAMD shall not be operated:
(a) On a limited-access highway;
(b) On a bike or pedestrian path; or
(c) At a speed of greater than twelve and one-half miles per hour.
(4) A person who violates this section commits a class B traffic infraction.
Source: L. 2009: Entire section added, (HB 09-1026), ch. 281, p. 1272, § 37, effective
October 1.
Cross references: For the penalty for class B traffic infractions, see § 42-4-1701 (3)(a)(I).
42-4-118. Establishment of wildlife crossing zones - report (1) The department of
transportation created in section 43-1-103, C.R.S., in consultation with both the Colorado
state patrol created pursuant to section 24-33.5-201, C.R.S., and the division of parks and
wildlife created pursuant to section 33-9-104, C.R.S., in the department of natural re-
sources, may establish areas within the public highways of the state as wildlife crossing
zones.
(2) (a) If the department of transportation establishes an area within a public highway
of the state as a wildlife crossing zone, the department of transportation may erect signs:
(I) Identifying the zone in accordance with the provisions of section 42-4-616; and
(II) Establishing a lower speed limit for the portion of the highway that lies within the
zone.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the
contrary, the department of transportation shall not establish a lower speed limit for more
than one hundred miles of the public highways of the state that have been established as
wildlife crossing zones.
(3) (a) The department of transportation may establish an area within the federal
highways of the state as a wildlife crossing zone if the department of transportation receives
authorization from the federal government.
(b) If the department of transportation establishes an area within the federal highways
of the state as a wildlife crossing zone pursuant to paragraph (a) of this subsection (3), the
department of transportation may erect signs:
(I) Identifying the zone in accordance with the provisions of section 42-4-616; and
Title 42 - page 283 Regulation of Vehicles and Traffic 42-4-201
(II) Establishing a lower speed limit for the portion of the highway that lies within the
zone.
(4) If the department of transportation erects a new wildlife crossing zone sign pursuant
to subsection (2) or (3) of this section, it shall ensure that the sign indicates, in conformity
with the state traffic control manual, that increased traffic penalties are in effect within the
wildlife crossing zone. For the purposes of this section, it shall be sufficient that the sign
states "increased penalties in effect".
(5) In establishing a lower speed limit within a wildlife crossing zone, the department
of transportation shall give due consideration to factors including, but not limited to, the
following:
(a) The percentage of traffic accidents that occur within the area that involve the
presence of wildlife on the public highway;
(b) The relative levels of traffic congestion and mobility in the area; and
(c) The relative numbers of traffic accidents that occur within the area during the
daytime and evening hours and involve the presence of wildlife on the public highway.
(6) As used in this section, unless the context otherwise requires, "wildlife" shall have
the same meaning as "big game" as set forth in section 33-1-102 (2), C.R.S.
(7) Repealed.
(8) Notwithstanding any other provision of this section, the department of transporta-
tion shall not establish any area of any interstate highway as a wildlife crossing zone.
Source: L. 2010: Entire section added, (HB 10-1238), ch. 393, p. 1866, § 1, effective
September 1.
Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective March 2, 2012.
(See L. 2010, p. 1866.)
PART 2
EQUIPMENT
Cross references: For the penalty for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
42-4-201, Obstruction of view or driving mechanism - hazardous situation.
(1) No person shall drive a vehicle when it is so loaded or when there are in the front seat
such number of persons, exceeding three, as to obstruct the view of the driver to the front
or sides of the vehicle or as to interfere with the driver's control over the driving mechanism
of the vehicle.
(2) No person shall knowingly drive a vehicle while any passenger therein is riding in
any manner which endangers the safety of such passenger or others.
(3) A person shall not drive a motor vehicle equipped with a video display visible to
the driver while the motor vehicle is in motion. This subsection (3) does not prohibit the
usage of a computer, data terminal, or safety equipment in a motor vehicle so long as the
computer, data terminal, or safety equipment is not used to display visual entertainment,
including internet browsing, social media, and e-mail, to the driver while the motor vehicle
is in motion.
(4) No vehicle shall be operated upon any highway unless the driver's vision through
any required glass equipment is normal and unobstructed.
(5) No passenger in a vehicle shall ride in such position as to create a hazard for such
passenger or others, or to interfere with the driver's view ahead or to the sides, or to
interfere with the driver's control over the driving mechanism of the vehicle; nor shall the
driver of a vehicle permit any passenger therein to ride in such manner.
(6) No person shall hang on or otherwise attach himself or herself to the outside, top,
hood, or fenders of any vehicle, or to any other portion thereof, other than the specific
enclosed portion of such vehicle intended for passengers or while in a sitting position in the
cargo area of a vehicle if such area is fully or partially enclosed on all four sides, while the
same is in motion; nor shall the operator knowingly permit any person to hang on or
42-4-202
Vehicles and Traffic
Title 42 - page 284
otherwise attach himself or herself to the outside, top, hood, or fenders of any vehicle, or
any other portion thereof, other than the specific enclosed portion of such vehicle intended
for passengers or while in a sitting position in the cargo area of a vehicle if such area is fully
or partially enclosed on all four sides, while the same is in motion. This subsection (6) shall
not apply to parades, caravans, or exhibitions which are officially authorized or otherwise
permitted by law.
(7) The provisions of subsection (6) of this section shall not apply to a vehicle owned
by the United States government or any agency or instrumentality thereof, or to a vehicle
owned by the state of Colorado or any of its political subdivisions, or to a privately owned
vehicle when operating in a governmental capacity under contract with or permit from any
governmental subdivision or under permit issued by the public utilities commission of the
state of Colorado, when in the performance of their duties persons are required to stand or
sit on the exterior of the vehicle and said vehicle is equipped with adequate handrails and
safeguards.
(8) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2238, § 1, effective January 1,
1995. L. 2012: (3) amended, (SB 12-092), ch. Ill, p. 387, § 1, effective July 1.
Editor's note: Section 2 of chapter 111, Session Laws of Colorado 2012, provides that the act
amending subsection (3) applies to offenses committed on or after July 1, 2012.
ANNOTATION
Subsection (6) of this section not exception
to § 42-4-103(2). The words "while moving",
used in subsection (6), do not connote any par-
ticular place and do not give rise to an exception
to the application of this article to streets and
highways under § 42-4-103(2). Bravo v.
Wareham, 43 Colo. App. 1, 605 P.2d 58 (1979).
Submission of question of obstructed vision
to jury. In an automobile accident case there
would be no error in submitting to the jury a
question of obstructed vision caused by the sub-
stitution of cardboard for a broken window-
glass in the care of plaintiff, if proper instruc-
tions on the subject were given. Potts v. Bird, 93
Colo. 547, 27 P.2d 745 (1933).
An air freshener hanging from rearview
mirror not an automatic violation of subsec-
tion (4). The air freshener must actually obstruct
the driver's vision to be a violation. People v.
Arias, 159 P.3d 134 (Colo. 2007).
42-4-202. Unsafe vehicles - penalty - identification plates. ( 1 ) It is unlawful for any
person to drive or move or for the owner to cause or knowingly permit to be driven or
moved on any highway any vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person, or which does not contain those parts or is not at all
times equipped with such lamps and other equipment in proper condition and adjustment as
required in this section and sections 42-4-204 to 42-4-231 and part 3 of this article, or which
is equipped in any manner in violation of said sections and part 3 or for any person to do
any act forbidden or fail to perform any act required under said sections and part 3.
(2) The provisions of this section and sections 42-4-204 to 42-4-231 and part 3 of this
article with respect to equipment on vehicles shall not apply to implements of husbandry or
farm tractors, except as made applicable in said sections and part 3.
(3) Nothing in this article shall be construed to prohibit the use of additional parts and
accessories on any vehicle, consistent with the provisions of this article.
(4) (a) Upon its approval, the department shall issue an identification plate for each
vehicle, motor vehicle, trailer, or item of special mobile machinery, or similar implement of
equipment, used in any type of construction business which shall, when said plate is affixed,
exempt any such item of equipment, machinery, trailer, or vehicle from all or part of this
section and sections 42-4-204 to 42-4-231 and part 3 of this article.
(b) The department is authorized to promulgate written rules and regulations governing
the application for, issuance of, and supervision, administration, and revocation of such
identification plates and exemption authority and to prescribe the terms and conditions
Title 42 -page 285 Regulation of Vehicles and Traffic 42-4-203
under which said plates may he issued for each item as set forth in paragraph (a) of this
subsection (4), and the department, in so doing, shall consider the safety of users of the
public streets and highways and the type, nature, and use of such items set forth in
paragraph (a) of mis subsection (4) for which exemption is sought.
(c) Each exempt item may be moved on the roads, streets, and highways during
daylight hours and at such time as vision is not less than five hundred feet. No cargo or
supplies shall be hauled upon such exempt item except cargo and supplies used in normal
operation of any such item.
(d) The identification plate shall be of a size and type designated and approved by the
department A fee of one dollar shall be charged and collected by the department for the
issuance of each such identification plate. All such fees so collected shall be paid to the state
treasurer who shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (b), C.R.S.
(e) Each such identification plate shall be issued for a calendar year. Application for
such identification plates shall be made by the owner, and such plates shall be issued to the
owner of each such item described in paragraph (a) of this subsection (4). Whenever the
owner transfers, sells, or assigns the owner's interest therein, the exemption of such item
shall expire and the owner shall remove the identification plate therefrom and forward the
same to the department.
(f) An owner shall report a lost or damaged identification plate to the department, and,
upon application to and approval by the department, the department shall issue a replace-
ment plate upon payment to it of a fee of fifty cents.
(g) Notwithstanding the amount specified for any fee in this subsection (4), the
executive director of the department by rule or as otherwise provided by law may reduce
the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S.,
to reduce the uncommitted reserves of the fund to which all or any portion of one or more
of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced,
the executive director of the department by rule or as otherwise provided by law may
increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(5) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2239, § 1, effective January 1,
1995. L. 98: (4)(g) added, p. 1357, § HI, effective June 1. L. 2005: (4)(d) amended, p.
149, § 25, effective April 5. L. 2010: (4)(a) amended, (HB 10-1172), ch. 320, p. 1492,
§ 15, effective October 1.
ANNOTATION
In the ascertainment of the legislative in- This section does not excuse the use of
tent, this section must be harmonized with equipment on a binder in violation of subsec-
other sections of the act from which codified, so tion (3) of § 42-4-225. People v. Rapini, 107
as to give effect to its purpose, if possible. Colo. 363, 112 P.2d 551 (1941).
People v. Rapini, 107 Colo. 363, 112 P.2d 551
(1941).
42-4-203. Unsafe vehicles - spot inspections. (1) Uniformed police officers, at any
time upon reasonable cause, may require the driver of a vehicle to stop and submit such
vehicle and its equipment to an inspection and such test with reference thereto as may be
appropriate. The fact that a vehicle is an older model vehicle shall not alone constitute
reasonable cause. In the event such vehicle is found to be in an unsafe condition or the
required equipment is not present or is not in proper repair and adjustment, the officer may
give a written notice and issue a summons to the driver. Said notice shall require that such
vehicle be placed in safe condition and properly equipped or that its equipment be placed
in proper repair and adjustment, the particulars of which shall be specified on said notice.
(2) In the event any such vehicle is, in the reasonable judgment of such police officer,
in such condition that further operation would be hazardous, the officer may require, in
42-4-204 Vehicles and Traffic Title 42 - page 286
addition to the instructions set forth in subsection (1) of this section, that the vehicle be
moved at the operator's expense and not operated under its own power or that it be driven
to the nearest garage or other place of safety.
(3) Every owner or driver upon receiving the notice and summons issued pursuant to
subsection (1) of this section or mailed pursuant to paragraph (b) of subsection (4) of this
section shall comply therewith and shall secure a certification upon such notice by a law
enforcement officer that such vehicle is in safe condition and its equipment has been placed
in proper repair and adjustment and otherwise made to conform to the requirements of this
article. Said certification shall be returned to the owner or driver for presentation in court
as provided for in subsection (4) of this section.
(4) (a) (I) Except as provided for in subparagraph (II) or subparagraph (III) of this
paragraph (a), any owner receiving written notice and a summons pursuant to this section
is guilty of a misdemeanor traffic offense and, upon conviction thereof, shall be punished
by a fine of one hundred dollars, payable within thirty days after conviction.
(II) If the owner repairs the unsafe condition or installs or adjusts the required
equipment within thirty days after issuance of the notice and summons and presents the
certification required in subsection (3) of this section to the court of competent jurisdiction,
the owner shall be punished by a fine of five dollars.
(HI) If the owner submits to the court of competent jurisdiction within thirty days after
the issuance of the summons proof that the owner has disposed of the vehicle for junk parts
or immobilized the vehicle and also submits to the court the registration and license plates
for the vehicle, the owner shall be punished by a fine of five dollars. If the owner wishes
to relicense the vehicle in the future, the owner must obtain the certification required in
subsection (3) of this section.
(b) (I) Except as provided for in subparagraph (II) of this paragraph (b), any nonowner
driver receiving written notice and a summons pursuant to this section is guilty of a
misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of one
hundred dollars, payable within thirty days after conviction.
(II) If the driver submits to the court of competent jurisdiction within thirty days after
the issuance of the summons proof that the driver was not the owner of the car at the time
the summons was issued and that the driver mailed, within five days of issuance thereof, a
copy of the notice and summons by certified mail to the owner of the vehicle at the address
on the registration, the driver shall be punished by a fine of five dollars.
(c) Upon a showing of good cause that the required repairs or adjustments cannot be
made within thirty days after issuance of the notice and summons, the court of competent
jurisdiction may extend the period of time for installation or adjustment of required
equipment as may appear justified.
(d) The owner may, in lieu of appearance, submit to the court of competent jurisdiction,
within thirty days after the issuance of the notice and summons, the certification specified
in subsection (3) of this section and the fine of five dollars.
Source: L. 94: Entire title amended with relocations, p. 2240, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-306.1 as it existed prior to 1994, and the
former § 42-4-203 was relocated to § 42-4-204.
42-4-204. When lighted lamps are required. (1) Every vehicle upon a highway
within this state, between sunset and sunrise and at any other time when, due to insufficient
light or unfavorable atmospheric conditions, persons and vehicles on the highway are not
clearly discernible at a distance of one thousand feet ahead, shall display lighted lamps and
illuminating devices as required by this article for different classes of vehicles, subject to
exceptions with respect to parked vehicles.
(2) Whenever requirement is declared by this article as to distance from which certain
lamps and devices shall render objects visible or within which such lamps or devices shall
be visible, said provisions shall apply during the times stated in subsection (1) of this
section in respect to a vehicle without load when upon a straight, level, unlighted highway
Title 42 - page 287 Regulation of Vehicles and Traffic 42-4-206
under normal atmospheric conditions, unless a different time or condition is expressly
(3) Whenever requirement is declared by this article as to the mounted height of lamps
or devices, it shall mean from the center of such lamp or device to the level ground upon
which the vehicle stands when such vehicle is without a load.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2242, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-203 as it existed prior to 1994, and the
former § 42-4-204 was relocated to § 42-4-205.
42-4-205. Head lamps on motor vehicles. (1) Every motor vehicle other than a
motorcycle shall be equipped with at least two head lamps with at least one on each side
of the front of the motor vehicle, which head lamps shall comply with the requirements and
limitations set forth in sections 42-4-202 and 42-4-204 to 42-4-231 and part 3 of this article
where applicable.
(2) Every motorcycle shall be equipped with at least one and not more than two head
lamps that shall comply with the requirements and limitations of sections 42-4-202 and
42-4-204 to 42-4-231 and part 3 of this article where applicable.
(3) Every head lamp upon every motor vehicle, including every motorcycle, shall be
located at a height measured from the center of the head lamp of not more than fifty-four
inches nor less than twenty-four inches, to be measured as set forth in section 42-4-204 (3).
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2242, § 1, effective January 1,
1995. L. 2009: (1) to (3) amended, (HB 09-1026), ch. 281, p. 1272, § 38, effective October
1.
Editor's note: This section is similar to former § 42-4-204 as it existed prior to 1994, and the
former § 42-4-205 was relocated to § 42-4-206.
42-4-206. Tail lamps and reflectors. (1) To be operated on a road, every motor
vehicle, trailer, semitrailer, and pole trailer and any other vehicle that is being drawn at the
end of a train of vehicles must be equipped with at least one tail lamp mounted on the rear,
which, when lighted as required in section 42-4-204, emits a red light plainly visible from
a distance of five hundred feet to the rear; except that, in the case of a train of vehicles, only
the tail lamp on the rear-most vehicle need actually be seen from the distance specified,
except as provided in section 42-12-204. Furthermore, every vehicle registered in this state
and manufactured or assembled after January 1, 1958, must be equipped with at least two
tail lamps mounted on the rear, on the same level and as widely spaced laterally as
practicable, which, when lighted as required in section 42-4-204, comply with this section.
(2) Every tail lamp Upon every vehicle shall be located at a height of not more than
seventy-two inches nor less than twenty inches, to be measured as set forth in section
42-4-204 (3).
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration plate and render it clearly legible from a
distance of fifty feet to the rear. Any tail lamp, together with any separate lamp for
illuminating the rear registration plate, shall be so wired as to be lighted whenever the head
lamps or auxiliary driving lamps are lighted.
(4) To be operated on a road, every motor vehicle must carry on the rear, either as part
of a tail lamp or separately, one red reflector meeting the requirements of this section;
42-4-207
Vehicles and Traffic
Title 42 -page 288
except that vehicles of the type mentioned in section 42-4-207 must be equipped with
reflectors as required by law unless otherwise provided in section 42-12-204.
(5) Every new motor vehicle sold and operated on and after January 1, 1958, upon a
highway shall carry on the rear, whether as a part of the tail lamps or separately, two red
reflectors; except that every motorcycle shall carry at least one reflector meeting the
requirements of this section, and vehicles of the type mentioned in section 42-4-207 shall
be equipped with reflectors as required in those sections applicable thereto.
(6) Every reflector shall be mounted on the vehicle at a height of not less than twenty
inches nor more than sixty inches, measured as set forth in section 42-4-204 (3) and shall
be of such size and characteristics and so mounted as to be visible at night from all distances
within three hundred fifty feet to one hundred feet from such vehicle when directly in front
of lawful upper beams and head lamps; except that visibility from a greater distance is
required by law of reflectors on certain types of vehicles.
(7) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2243, § 1, effective January 1,
1995. L. 96: (1) and (4) amended, p. 440, § 3, effective April 22. L. 97: (3) amended, p.
393, § 3, effective August 6. L. 2009: (3) amended, (SB 09-075), ch. 418, p. 2323, § 8,
effective August 5; (5) amended, (HB 09-1026), ch. 281, p. 1272, § 39, effective October
1. L. 2011: (1) and (4) amended, (SB 11-031), ch. 86, p. 243, § 5, effective August 10.
Editor's note: This section is similar to former § 42-4-205 as it existed prior to 1994, and the
former § 42-4-206 was relocated to § 42-4-207.
ANNOTATION
Question of fact as to whether failure to
clean reflectors is negligent In an action for
damages resulting from a collision between a
stopped truck and an oncoming automobile, the
question of whether, after passing beyond the
rain area and before reaching the point of the
accident, the driver of the truck had an oppor-
tunity to park off of the paved portion of the
highway and again clean his reflectors and
whether in failing so to do, he was guilty of
negligence, at most presented a question of fact
for the determination of the jury. Anderson v.
Hudspeth Pine, Inc., 299 F.2d 874 (10th Cir.
1962).
Instructions as to collision with unlighted
truck sufficient In an action for damages for
personal injuries resulting from an automobile
colliding with an unlighted truck on the high-
way, instructions as to the lighting of trucks,
permissible assumptions and duties of auto driv-
ers reviewed and considered, and while not
commended, are sufficient and not misleading.
Gallagher Transp. Co. v. Giggey, 101 Colo. 116,
71 R2d 1039 (1937).
42-4-207. Clearance and identification. (1) Every vehicle designed or used for the
transportation of property or for the transportation of persons shall display lighted lamps at
the times mentioned in section 42-4-204 when and as required in this section.
(2) Clearance lamps, (a) Every motor vehicle or motor-drawn vehicle having a
width at any part in excess of eighty inches shall be equipped with four clearance lamps
located as follows:
(I) Two on the front and one at each side, displaying an amber light visible from a
distance of five hundred feet to the front of the vehicle;
(II) Two on the rear and one at each side, displaying a red light visible only to the rear
and visible from a distance of five hundred feet to the rear of the vehicle, which said rear
clearance lamps shall be in addition to the rear red lamp required in section 42-4-206.
(b) All clearance lamps required shall be placed on the extreme sides and located on the
highest stationary support; except that, when three or more identification lamps are mounted
on the rear of a vehicle on the vertical center line and at the extreme height of the vehicle,
rear clearance lamps may be mounted at optional height.
(c) Any trailer, when operated in conjunction with a vehicle which is properly equipped
with front clearance lamps as provided in this section, may be, but is not required to be,
Title 42 -page 289 Regulation of Vehicles and Traffic 42-4-207
equipped with front clearance lamps if the towing vehicle is of equal or greater width than
the towed vehicle.
(d) All clearance lamps required in this section shall be of a type approved by the
department
(3) Side marker lamps, (a) Every motor vehicle or motor-drawn vehicle or combi-
nation of such vehicles which exceeds thirty feet in overall length shall be equipped with
four side marker lamps located as follows:
(I) One on each side near the front displaying an amber light visible from a distance of
five hundred feet to the side of the vehicle on which it is located;
(II) One on each side near the rear displaying a red light visible from a distance of five
hundred feet to the side of the vehicle on which it is located; but the rear marker light shall
not be so placed as to be visible from the front of the vehicle.
(b) Each side marker lamp required shall be located not less than fifteen inches above
the level on which the vehicle stands.
(c) If the clearance lamps required by this section are of such a design as to display
lights visible from a distance of five hundred feet at right angles to the sides of the vehicles,
they shall be deemed to meet the requirements as to marker lamps in this subsection (3).
(d) All marker lamps required in this section shall be of a type approved by the
department.
(4) Clearance reflectors, (a) Every motor vehicle having a width at any part in
excess of eighty inches shall be equipped with clearance reflectors located as follows:
(I) Two red reflectors on the rear and one at each side, located not more than one inch
from the extreme outside edges of the vehicle;
CO) All such reflectors shall be located not more than sixty inches nor less than fifteen
inches above the level on which the vehicle stands.
(b) One or both of the required rear red reflectors may be incorporated within the tail
lamp or tail lamps if any such tail lamps meet the location limits specified for reflectors.
(c) All such clearance reflectors shall be of a type approved by the department.
(5) Side marker reflectors, (a) Every motor vehicle or motor-drawn vehicle or
combination of vehicles which exceeds thirty feet in overall length shall be equipped with
four side marker reflectors located as follows:
(I) One amber reflector on each side near the front;
(II) One red reflector on each side near the rear.
(b) Each side marker reflector shall be located not more than sixty inches nor less than
fifteen inches above the level on which the vehicle stands.
(c) All such side marker reflectors shall be of a type approved by the department.
(6) Any person who violates any provision of this section commits a class B traffic
infraction.
(7) Nothing in this section shall be construed to supersede any federal motor vehicle
safety standard established pursuant to the "National Traffic and Motor Vehicle Safety Act
of 1966", Public Law 89-563, as amended.
Source: L. 94: Entire tide amended with relocations, p. 2292, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-206 as it existed prior to 1994, and the
former § 42-4-207 was relocated to § 42-4-208.
Cross references: For current provisions relating to the "National Traffic and Motor Vehicle Safety
Act of 1966", see 49 U.S.C. sec. 30101 et seq.
ANNOTATION
Annotator's note. Since § 42-4-207 is sim- Situation in which noncompliance not
ilar to § 42-4-206 as it existed prior to the 1994 proximate cause of collision. In an action for
amending of title 42 as enacted by SB 94-1, a damages resulting from a collision between a
relevant case construing that provision has been stopped truck and an oncoming automobile,
included with the annotations to this section. where the clearance lights of a truck went out
42-4-208
Vehicles and Traffic
Title 42 -page 290
completely with the headlights, even if their
number and location did not comply with this
section, such noncompliance could not have
been the proximate cause of the collision. An-
derson v. Hudspeth Pine, Inc., 299 F.2d 874
(10th Cir. 1962).
Where a driver of a truck was negligent in
proceeding on the highway after his clearance
lights had begun to flicker was an issue of fact
for the jury. Anderson v. Hudspeth Pine, Inc.,
299 F.2d 874 (10th Cir. 1962).
Headlights and clearance lights need not
operate on separate circuits. This state does
not, either by statute or regulation, require, as do
some states, that headlights and clearance lights
operate on separate circuits, and when delivered
from the manufacturers of trucks, the headlights
and clearance lights are usually on a single
circuit. Anderson v. Hudspeth Pine, Inc., 299
F.2d 874 (10th Cir. 1962).
42-4-208. Stop lamps and turn signals. (1) Every motor vehicle or motor-drawn
vehicle shall be equipped with a stop light in good working order at all times and shall meet
the requirements of section 42-4-215 (1).
(2) No person shall sell or offer for sale or operate on the highways any motor vehicle
registered in this state and manufactured or assembled after January 1, 1958, unless it is
equipped with at least two stop lamps meeting the requirements of section 42-4-215 (1);
except that a motorcycle manufactured or assembled after said date shall be equipped with
at least one stop lamp meeting the requirements of section 42-4-215 (1).
(3) No person shall sell or offer for sale or operate on the highways any motor vehicle,
trailer, or semitrailer registered in this state and manufactured or assembled after January 1,
1958, and no person shall operate any motor vehicle, trailer, or semitrailer on the highways
when the distance from the center of the top of the steering post to the left outside limit of
the body, cab, or load of such motor vehicle exceeds twenty-four inches, unless it is
equipped with electrical turn signals meeting the requirements of section 42-4-215 (2). This
subsection (3) shall not apply to any motorcycle or low-power scooter.
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2246, § 1, effective January 1,
1995. L. 2009: (2) and (3) amended, (HB 09-1026), ch. 281, p. 1273, § 40, effective
October 1.
Editor's note: This section is similar to former § 42-4-207 as it existed prior to 1994, and the
former § 42-4-208 was relocated to § 42-4-209.
42-4-209. Lamp or flag on projecting load. Whenever the load upon any vehicle
extends to the rear four feet or more beyond the bed or body of such vehicle, there shall be
displayed at the extreme rear end of the load, at the time specified in section 42-4-204, a red
light or lantern plainly visible from a distance of at least five hundred feet to the sides and
rear. The red light or lantern required under this section shall be in addition to the red rear
light required upon every vehicle. At any other time, there shall be displayed at the extreme
rear end of such load a red flag or cloth not less than twelve inches square and so hung that
the entire area is visible to the driver of a vehicle approaching from the rear. Any person
who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2246, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-208 as it existed prior to 1994, and the
former § 42-4-209 was relocated to § 42-4-210.
42-4-210. Lamps on parked vehicles. (1) Whenever a vehicle is lawfully parked
upon a highway during the hours between sunset and sunrise and in the event there is
sufficient fight to reveal any person or object within a distance of one thousand feet upon
such highway, no lights need be displayed upon such parked vehicle.
Tide 42 - page 291 Regulation of Vehicles and Traffic 42-4-21 1
(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent
thereto, whether attended or unattended, during the hours between sunset and sunrise and
there is not sufficient light to reveal any person or object within a distance of one thousand
feet upon such highway, such vehicle so parked or stopped shall be equipped with one or
more operating lamps meeting the following requirements: At least one lamp shall display
a white or amber light visible from a distance of five hundred feet to the front of the vehicle,
and the same lamp or at least one other lamp shall display a red light visible from a distance
of five hundred feet to the rear of the vehicle, and the location of said lamp or lamps shall
always be such that at least one lamp or combination of lamps meeting the requirements of
this section is installed as near as practicable to the side of the vehicle that is closer to
passing traffic. This subsection (2) shall not apply to a low-power scooter.
(3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
(5) This section shall not apply to low-speed electric vehicles.
Source: L. 94: Entire tide amended with relocations, p. 2246, § 1, effective January 1,
1995. L. 2009: (5) added, (SB 09-075), ch. 418, p. 2323, § 9, effective August 5; (2)
amended, (HB 09-1026), ch. 281, p. 1273, § 41, effective October 1.
Editor's note: This section is similar to former § 42-4-209 as it existed prior to 1994, and the
former § 42-4-210 was relocated to § 42-4-211.
42-4-211. Lamps on farm equipment and other vehicles and equipment (1) Ev-
ery farm tractor and every self-propelled farm equipment unit or implement of husbandry
not equipped with an electric lighting system shall, at all times mentioned in section
42-4-204, be equipped with at least one lamp displaying a white light visible from a distance
of not less than five hundred feet to the front of such vehicle and shall also be equipped with
at least one lamp displaying a red light visible from a distance of not less than five hundred
feet to the rear of such vehicle.
(2) Every self-propelled unit of farm equipment not equipped with an electric lighting
system shall, at all times mentioned in section 42-4-204, in addition to the lamps required
in subsection (1) of this section, be equipped with two red reflectors visible from all
distances within six hundred feet to one hundred feet to the rear when directly in front of
lawful upper beams of head lamps.
(3) Every combination of farm tractor and towed unit of farm equipment or implement
of husbandry not equipped with an electric lighting system shall, at all times mentioned in
section 42-4-204, be equipped with the following lamps:
(a) At least one lamp mounted to indicate as nearly as practicable to the extreme left
projection of said combination and displaying a white light visible from a distance of not
less than five hundred feet to the front of said combination;
(b) Two lamps each displaying a red light visible when lighted from a distance of not
less than five hundred feet to the rear of said combination or, as an alternative, at least one
lamp displaying a red light visible from a distance of not less than five hundred feet to the
rear thereof and two red reflectors visible from all distances within six hundred feet to one
hundred feet to the rear thereof when illuminated by the upper beams of head lamps.
(4) Every farm tractor and every self-propelled unit of farm equipment or implement of
husbandry equipped with an electric lighting system shall, at all times mentioned in section
42-4-204, be equipped with two single-beam head lamps meeting the requirements of
section 42-4-216 or 42-4-218, respectively, and at least one red lamp visible from a distance
of not less than five hundred feet to the rear; but every such self-propelled unit of farm
equipment other than a farm tractor shall have two such red lamps or, as an alternative, one
such red lamp and two red reflectors visible from all distances within six hundred feet to one
hundred feet when directly in front of lawful upper beams of head lamps.
(5) (a) Every combination of farm tractor and towed farm equipment or towed imple-
ment of husbandry equipped with an electric lighting system shall, at all times mentioned
in section 42-4-204, be equipped with lamps as follows:
42-4-212 Vehicles and Traffic Title 42 - page 292
(1) The farm tractor element of every such combination shall be equipped as required
in subsection (4) of this section.
(II) The towed unit of farm equipment or implement of husbandry element of such
combination shall be equipped with two red lamps visible from a distance of not less than
five hundred feet to the rear or, as an alternative, two red reflectors visible from all distances
within six hundred feet to the rear when directly in front of lawful upper beams of head
lamps.
(b) Said combinations shall also be equipped with a lamp displaying a white or amber
light, or any shade of color between white and amber, visible from a distance of not less
than five hundred feet to the front and a lamp displaying a red light visible when lighted
from a distance of not less than five hundred feet to the rear.
(6) The lamps and reflectors required in this section shall be so positioned as to show
from front and rear as nearly as practicable the extreme projection of the vehicle carrying
them on the side of the roadway used in passing such vehicle. If a farm tractor or a unit of
farm equipment, whether self-propelled or towed, is equipped with two or more lamps or
reflectors visible from the front or two or more lamps or reflectors visible from the rear, such
lamps or reflectors shall be so positioned mat the extreme projections, both to the right and
to the left of said vehicle, shall be indicated as nearly as practicable.
(7) Every vehicle, including animal-drawn vehicles and vehicles referred to in section
42-4-202 (2), not specifically required by the provisions of this article to be equipped with
lamps or other lighting devices shall at all times specified in section 42-4-204 be equipped
with at least one lamp displaying a white light visible from a distance of not less than five
hundred feet to the front of said vehicle and shall also be equipped with two lamps
displaying red lights visible from a distance of not less than five hundred feet to the rear of
said vehicle or, as an alternative, one lamp displaying a red light visible from a distance of
not less than five hundred feet to the rear and two red reflectors visible for distances of one
hundred feet to six hundred feet to the rear when illuminated by the upper beams of head
lamps.
(8) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2247, § 1, effective January 1,
1995. L. 2009: (4) amended, (HB 09-1026), ch. 281, p. 1273, § 42, effective October 1.
Editor's note: This section is similar to former § 42-4-210 as it existed prior to 1994, and the
former § 42-4-211 was relocated to § 42-4-212.
42-4-212. Spot lamps and auxiliary lamps. ( 1 ) Any motor vehicle may be equipped
with not more man two spot lamps, and every lighted spot lamp shall be so aimed and used
upon approaching another vehicle mat no part of the high-intensity portion of the beam will
be directed to the left of the prolongation of the extreme left side of the vehicle nor more
than one hundred feet ahead of the vehicle.
(2) Any motor vehicle may be equipped with not more than two fog lamps mounted on
the front at a height of not less than twelve inches nor more than thirty inches above the
level surface upon which the vehicle stands and so aimed that, when the vehicle is not
loaded, none of the high-intensity portion of the light to the left of the center of the vehicle
shall at a distance of twenty-five feet ahead project higher than a level of four inches below
the level of the center of the lamp from which it comes. Lighted fog lamps meeting the
requirements of this subsection (2) may be used with lower head-lamp beams as specified
in section 42-4-216 (1) (b).
(3) Any motor vehicle may be equipped with not more than two auxiliary passing
lamps mounted on the front at a height of not less than twenty inches nor more than
forty-two inches above the level surface upon which the vehicle stands. The provisions of
section 42-4-216 shall apply to any combination of head lamps and auxiliary passing lamps.
(4) Any motor vehicle may be equipped with not more than two auxiliary driving lamps
mounted on the front at a height of not less than sixteen inches nor more than forty-two
Title 42 - page 293 Regulation of Vehicles and Traffic 42-4-214
inches above the level surface upon which the vehicle stands. The provisions of section
42-4-216 shall apply to any combination of head lamps and auxiliary driving lamps.
(5) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2249, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-211 as it existed prior to 1994, and the
former § 42-4-212 was relocated to § 42-4-213.
42-4-213. Audible and visual signals on emergency vehicles. (1) Except as other-
wise provided in this section or in section 42-4-222 in the case of volunteer fire vehicles and
volunteer ambulances, every authorized emergency vehicle shall, in addition to any other
equipment and distinctive markings required by this article, be equipped as a minimum with
a siren and a horn. Such devices shall be capable of emitting a sound audible under normal
conditions from a distance of not less than five hundred feet.
(2) Every authorized emergency vehicle, except those used as undercover vehicles by
governmental agencies, shall, in addition to any other equipment and distinctive markings
required by this article, be equipped with at least one signal lamp mounted as high as
practicable, which shall be capable of displaying a flashing, oscillating, or rotating red light
to the front and to the rear having sufficient intensity to be visible at five hundred feet in
normal sunlight. In addition to the required red light, flashing, oscillating, or rotating signal
lights may be used which emit blue, white, or blue in combination with white.
(3) A police vehicle, when used as an authorized emergency vehicle, may but need not
be equipped with the red lights specified in this section.
(4) Any authorized emergency vehicle, including those authorized by section 42-4-222,
may be equipped with green flashing lights, mounted at sufficient height and having
sufficient intensity to be visible at five hundred feet in all directions in normal daylight.
Such lights may only be used at the single designated command post at any emergency
location or incident and only when such command post is stationary. The single command
post shall be designated by the on-scene incident commander in accordance with local or
state government emergency plans. Any other use of a green light by a vehicle shall
constitute a violation of this section.
(5) The use of either the audible or the visual signal equipment described in this section
shall impose upon drivers of other vehicles the obligation to yield right-of-way and stop as
prescribed in section 42-4-705.
(6) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2249, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-212 as it existed prior to 1994, and the
former § 42-4-213 was relocated to § 42-4-215.
42-4-214. Visual signals on service vehicles. (1) Except as otherwise provided in
this section, on or after January 1, 1978, every authorized service vehicle shall, in addition
to any other equipment required by this article, be equipped with one or more warning
lamps mounted as high as practicable, which shall be capable of displaying in all directions
one or more flashing, oscillating, or rotating yellow lights. Only yellow and no other color
or combination of colors shall be used as a warning lamp on an authorized service vehicle;
except that an authorized service vehicle snowplow operated by a general purpose govern-
ment may also be equipped with and use no more than two flashing, oscillating, or rotating
blue lights as warning lamps. Lighted directional signs used by police and highway
42-4-215 Vehicles and Traffic Title 42 - page 294
departments to direct traffic need not be visible except to the front and rear. Such lights shall
have sufficient intensity to be visible at five hundred feet in normal sunlight.
(2) The warning lamps authorized in subsection (1) of this section shall be activated by
the operator of an authorized service vehicle only when the vehicle is operating upon the
roadway so as to create a hazard to other traffic. The use of such lamps shall not relieve the
operator from the duty of using due care for the safety of others or from the obligation of
using any other safety equipment or protective devices that are required by this article.
Service vehicles authorized to operate also as emergency vehicles shall also be equipped to
comply with signal requirements for emergency vehicles.
(3) Whenever an authorized service vehicle is performing its service function and is
displaying lights as authorized in subsection (1) of this section, drivers of all other vehicles
shall exercise more than ordinary care and caution in approaching, overtaking, or passing
such service vehicle and, in the case of highway and traffic maintenance equipment engaged
in work upon the highway, shall comply with the instructions of section 42-4-712.
(4) On or after January 1 , 1978, only authorized service vehicles shall be equipped with
the warning lights authorized in subsection (1) of this section.
(5) The department of transportation shall determine by rule which types of vehicles
render an essential public service when operating on or along a roadway and warrant
designation as authorized service vehicles under specified conditions, including, without
limitation, vehicles that sell or apply chains or other equipment to motor vehicles necessary
to enable compliance with section 42-4-106.
(6) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2250, § 1, effective January 1,
1995. L. 96: (1) amended, p. 957, § 2, effective July 1. L. 2007: (5) amended, p. 1334,
§ 4, effective August 3.
Editor's note: This section is similar to former § 42-4-212.5 as it existed prior to 1994, and the
former § 42-4-214 was relocated to § 42-4-216.
42-4-215. Signal lamps and devices - additional lighting equipment (1) To be
operated on a road, any motor vehicle may be equipped, and when required under this
article must be equipped, with a stop lamp or lamps on the rear of the vehicle that, except
as provided in section 42-12-204, display a red or amber light, or any shade of color
between red and amber, visible from a distance of not less than one hundred feet to the rear
in normal sunlight, that are actuated upon application of the service (foot) brake, and that
may but need not be incorporated with one or more other rear lamps. Such stop lamp or
lamps may also be automatically actuated by a mechanical device when the vehicle is
reducing speed or stopping. If two or more stop lamps are installed on any motor vehicle,
any device actuating such lamps must be so designed and installed that all stop lamps are
actuated by such device.
(2) Any motor vehicle may be equipped, and when required under this article must be
equipped, with lamps showing to the front and rear for the purpose of indicating an intention
to turn either to the right or to the left. The lamps showing to the front must be located on
the same level and as widely spaced laterally as practicable and when in use display a white
or amber light, or any shade of color between white and amber, visible from a distance of
not less than one hundred feet to the front in normal sunlight, and the lamps showing to the
rear must be located at the same level and as widely spaced laterally as practicable and,
except as provided in section 42-12-204, when in use must display a red or amber light, or
any shade of color between red and amber, visible from a distance of not less than one
hundred feet to the rear in normal sunlight. When actuated, the lamps must indicate the
intended direction of turning by flashing the light showing to the front and rear on the side
toward which the turn is made.
(3) No stop lamp or signal lamp shall project a glaring or dazzling light.
(4) Any motor vehicle may be equipped with not more than two side cowl or fender
lamps which shall emit an amber or white light without glare.
Title 42 -page 295 Regulation of Vehicles and Traffic 42-4-216
(5) Any motor vehicle may be equipped with not more than one runmngboard courtesy
lamp on each side thereof, which shall emit a white or amber light without glare.
(6) Any motor vehicle may be equipped with not more than two back-up lamps either
separately or in combination with other lamps, but no such back-up lamp shall be lighted
when the motor vehicle is in forward motion.
(7) Any vehicle may be equipped with lamps that may be used for the purpose of
warning the operators of other vehicles of the presence of a vehicular traffic hazard
requiring the exercise of unusual care in approaching, overtaking, or passing and, when so
equipped and when the vehicle is not in motion or is being operated at a speed of
twenty-five miles per hour or less and at no other time, may display such warning in
addition to any other warning signals required by this article. The lamps used to display
such warning to the front must be mounted at the same level and as widely spaced laterally
as practicable and display simultaneously flashing white or amber lights, or any shade of
color between white and amber. The lamps used to display the warning to the rear must be
mounted at the same level and as widely spaced laterally as practicable and, except as
provided in section 42-12-204, show simultaneously flashing amber or red lights, or any
shade of color between amber and red. These warning lights must be visible from a distance
of not less than five hundred feet under normal atmospheric conditions at night.
(8) Any vehicle eighty inches or more in overall width may be equipped with not more
than three identification lamps showing to the front which shall emit an amber light without
glare and not more than three identification lamps showing to the rear which shall emit a
red fight without glare. Such lamps shall be mounted horizontally.
(9) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2251, § 1, effective January 1,
1995. L. 96: (1), (2), and (7) amended, p. 440, § 4, effective April 22. L. 2011: (1), (2),
and (7) amended, (SB 11-031), ch. 86, p. 244, § 6, effective August 10.
Editor's note: This section is similar to former § 42-4-213 as it existed prior to 1994, and the
former § 42-4-215 was relocated to § 42-4-217.
42-4-215 J. Signal lamps and devices - street rod vehicles and custom motor
vehicles. (Repealed)
Source: L. 96: Entire section added, p. 441, § 5, effective April 22. L. 2005: (l)(b)
repealed, p. 1173, § 9, effective August 8. L. 2011: Entire section repealed, (SB 11-031),
ch. 86, p. 249, § 22, effective August 10.
Editor's note: This section was relocated to § 42-12-204 in 2011.
42-4-216. Multiple-beam road lights. (1) Except as provided in this article, the head
lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on
motor vehicles, other than motorcycles or low-power scooters, shall be so arranged that the
driver may select at will between distributions of light projected to different elevations, and
such lamps may, in addition, be so arranged that such selection can be made automatically,
subject to the following limitations:
(a) There shall be an uppermost distribution of light or composite beam so aimed and
of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty
feet ahead for all conditions of loading.
(b) There shall be a lowermost distribution of light or composite beam so aimed and of
sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet
ahead; and on a straight level road under any condition of loading, none of the high-
intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(1.5) Head lamps arranged to provide a single distribution of light not supplemented by
auxiliary driving lamps shall be permitted for low-speed electric vehicles in lieu of
42-4-217
Vehicles and Traffic
Title 42 -page 296
multiple-beam, road-lighting equipment specified in this section if the single distribution of
light complies with paragraph (b) of subsection (1) of this section.
(2) A new motor vehicle, other than a motorcycle or low-power scooter, that has
multiple-beam road-lighting equipment, shall be equipped with a beam indicator, which
shall be lighted whenever the uppermost distribution of light from the head lamps is in use
and shall not otherwise be lighted. Said indicator shall be so designed and located that when
lighted it will be readily visible without glare to the driver of the vehicle so equipped.
(3) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2252, § 1, effective January 1,
1995. L. 97: (1.5) added, p. 393, § 4, effective August 6. L. 2009: (1.5) amended, (SB
09-075), ch. 418, p. 2323, § 10, effective August 5; IP(1) and (2) amended, (HB 09-1026),
ch. 281, p. 1274, § 43, effective October 1.
Editor's note: This section is similar to former § 42-4-214 as it existed prior to 1994, and the
former § 42-4-216 was relocated to § 42-4-218.
ANNOTATION
Law reviews. For article, "One Year Review
of Torts", see 35 Dicta 53 (1958).
Annotator's note. Since § 42-4-216 is sim-
ilar to § 42-2-412 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
Low beam intensity requirement This sec-
tion provides that all road lighting beams shall
be so aimed and of such intensity as to reveal a
person or vehicle at least 100 feet ahead. Union
P. R. R. v. Cogburn, 136 Colo. 184, 315 P.2d 209
(1957).
High beam intensity requirement This sec-
tion provides that all motor vehicles shall be
equipped with head lamps that on high beam
shall furnish light of such intensity as to reveal
persons and vehicles at a distance of at least 350
feet ahead. Union P. R. R. v. Cogburn, 136 Colo.
184, 315 P.2d 209 (1957).
42-4-217. Use of multiple-beam lights. (1) Whenever a motor vehicle is being
operated on a roadway or shoulder adjacent thereto during the times specified in section
42-4-204, the driver shall use a distribution of light, or composite beam, directed high
enough and of sufficient intensity to reveal persons and vehicles at a safe distance in
advance of the vehicle, subject to the following requirements and limitations:
(a) Whenever a driver of a vehicle approaches an oncoming vehicle within, five hundred
feet, such driver shall use a distribution of light or composite beam so aimed that the glaring
rays are not projected into the eyes of the oncoming driver. The lowermost distribution of
light or composite beam specified in section 42-4-216 (1) (b) shall be deemed to avoid glare
at all times, regardless of road contour and loading.
(b) Whenever the driver of a vehicle follows another vehicle within two hundred feet
to the rear, except when engaged in the act of overtaking and passing, such driver shall use
a distribution of light permissible under this title other than the uppermost distribution of
light specified in section 42-4-216 (1) (a).
(c) A low-speed electric vehicle may use the distribution of light authorized in section
42-4-216 (1.5).
(2) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2253, § 1, effective January 1,
1995. L. 2009: (l)(c) added, (SB 09-075), ch. 418, p. 2324, § 11, effective August 5.
Editor's note: This section is similar to former § 42-4-215 as it existed prior to 1994, and the
former § 42-4-217 was relocated to § 42-4-219.
42-4-218. Single-beam road-lighting equipment (1) Head lamps arranged to pro-
vide a single distribution of light not supplemented by auxiliary driving lamps shall be
Title 42 -page 297 Regulation of Vehicles and Traffic 42-4-220
permitted on motor vehicles manufactured and sold prior to July 15, 1936, in lieu of
multiple-beam road-lighting equipment specified in section 42-4-216 if the single distribu-
tion of light complies with the following requirements and limitations:
(a) The head lamps shall be so aimed that when the vehicle is not loaded none of the
high-intensity portion of the light shall, at a distance of twenty-five feet ahead, project
higher than a level of five inches below the level of the center of the lamp from which it
comes and in no case higher than forty-two inches above the level on which the vehicle
stands at a distance of seventy-five feet ahead.
(b) The intensity shall be sufficient to reveal persons and vehicles at a distance of at
least two hundred feet.
(2) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2253, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-216 as it existed prior to 1994, and the
former § 42-4-218 was relocated to § 42-4-220.
42-4-219. Number of lamps permitted. Whenever a motor vehicle equipped with
head lamps as required in this article is also equipped with any auxiliary lamps or a spot
lamp or any other lamp on the front thereof projecting a beam of an intensity greater than
three hundred candlepower, not more than a total of four of any such lamps on the front of
a vehicle shall be lighted at any one time when upon a highway. Any person who violates
any provision of this section commits a class B traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2253, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-217 as it existed prior to 1994, and the
former § 42-4-219 was relocated to § 42-4-222.
42-4-220. Low-power scooters - lighting equipment - department control - use and
operation. (1) (a) A low-power scooter when in use at the times specified in section
42-4-204 shall be equipped with a lamp on the front that shall emit a white light visible from
a distance of at least five hundred feet to the front and with a red reflector on the rear, of
a type approved by the department, that shall be visible from all distances from fifty feet to
three hundred feet to the rear when directly in front of lawful upper beams of head lamps
on a motor vehicle. A lamp emitting a red fight visible from a distance of five hundred feet
to the rear may be used in addition to the red reflector.
(b) No person shall operate a low-power scooter unless it is equipped with a bell or
other device capable of giving a signal audible for a distance of at least one hundred feet;
except that a low-power scooter shall not be equipped with nor shall any person use upon
a low-power scooter a siren or whistle.
(c) A low-power scooter shall be equipped with a brake that will enable the operator
to make the braked wheels skid on dry, level, clean pavement.
(2) (Deleted by amendment, L. 2009, (HB 09-1026), ch. 281, p. 1274, § 44, effective
October 1, 2009.)
(3) (a) Any lighted lamp or illuminating device upon a motor vehicle, other than head
lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps,
and school bus warning lamps, which projects a beam of light of an intensity greater than
three hundred candlepower shall be so directed that no part of the high-intensity portion of
the beam will strike the level of the roadway on which the vehicle stands at a distance of
more than seventy-five feet from the vehicle.
(b) Repealed.
42-4-220 Vehicles and Traffic Title 42 - page 298
(c) This subsection (3) shall not be construed to prohibit the use on any vehicle of
simultaneously flashing hazard warning lights as provided by section 42-4-215 (7).
(4) No person shall have for sale, sell, or offer for sale, for use upon or as a part of the
equipment of a motor vehicle, trailer, or semitrailer or for use upon any such vehicle, any
head lamp, auxiliary or fog lamp, rear lamp, signal lamp, or reflector, which reflector is
required under this article, or parts of any of the foregoing which tend to change the original
design or performance thereof, unless of a type which has been approved by the department.
(5) No person shall have for sale, sell, or offer for sale, for use upon or as a part of the
equipment of a motor vehicle, trailer, or semitrailer, any lamp or device mentioned in this
section which has been approved by the department unless such lamp or device bears
thereon the trademark or name under which it is approved so as to be legible when installed.
(6) No person shall use upon any motor vehicle, trailer, or semitrailer any lamps
mentioned in this section unless said lamps are mounted, adjusted, and aimed in accordance
with instructions of the department.
(7) The department is authorized to approve or disapprove lighting standards and
specifications for the approval of such lighting devices and their installation, adjustment,
and aiming and their adjustment when in use on motor vehicles.
(8) The department is required to approve or disapprove any lighting device, of a type
on which approval is specifically required in this article, within a reasonable time after such
device has been submitted.
(9) The department is authorized to provide the procedure which shall be followed
when any device is submitted for approval.
(10) The department upon approving any such lamp or device shall issue to the
applicant a certificate of approval, together with any instructions determined by the
department to be reasonably necessary.
(11) The department shall provide lists of all lamps and devices by name and type
which have been approved by it.
(12) When the department has reason to believe that an approved device as being sold
commercially does not comply with the requirements of this article, the executive director
of the department or the director's designated representatives may, after giving thirty days*
previous notice to the person holding the certificate of approval for such device in the state,
conduct a hearing upon the question of compliance of said approved device. After said
hearing, said executive director shall determine whether said approved device meets the
requirements of this article. If said device does not meet the requirements of this article, the
director shall give notice to the person holding the certificate of approval for such device
in this state.
(13) If, at the expiration of ninety days after such notice, the person holding the
certificate of approval for such device has failed to establish to the satisfaction of the
executive director of the department that said approved device as thereafter to be sold meets
the requirements of this article, said executive director shall suspend or revoke the approval
issued therefor and may require that all said devices sold since the notification following the
hearing be replaced with devices that do comply with the requirements of this article, until
or unless such device, at the sole expense of the applicant, shall be resubmitted to and
retested by an authorized testing agency and is found to meet the requirements of this
article. The department may, at the time of the retest, purchase in the open market and
submit to the testing agency one or more sets of such approved devices, and, if such device
upon such retest fails to meet the requirements of this article, the department may refuse to
renew the certificate of approval of such device.
(14) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2254, § 1, effective January 1,
1995. L. 2004: (3)(b) repealed, p. 1081, § 4, effective July 1. L. 2009: (1) and (2)
amended, (HB 09-1026), ch. 281, p. 1274, § 44, effective October 1.
Editor's note: This section is similar to former § 42-4-218 as it existed prior to 1994, and the
former § 42-4-220 was relocated to § 42-4-223.
Title 42 - page 299 Regulation of Vehicles and Traffic 42-4-222
Cross references: For specifications for lighting of snow-removal equipment, see § 42-4-224 (4);
for authorization for red lights on brand inspectors' cars, see § 35-53-128 (3).
42-4-221. Bicycle and personal mobility device equipment (1) No other provision
of this part 2 and no provision of part 3 of this article shall apply to a bicycle, electrical
assisted bicycle, or EPAMD or to equipment for use on a bicycle, electrical assisted bicycle,
or EPAMD except those provisions in this article made specifically applicable to such a
vehicle.
(2) Every bicycle, electrical assisted bicycle, or EPAMD in use at the times described
in section 42-4-204 shall be equipped with a lamp on the front emitting a white light visible
from a distance of at least five hundred feet to the front.
(3) Every bicycle, electrical assisted bicycle, or EPAMD shall be equipped with a red
reflector of a type approved by the department, which shall be visible for six hundred feet
to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle.
(4) Every bicycle, electrical assisted bicycle, or EPAMD when in use at the times
described in section 42-4-204 shall be equipped with reflective material of sufficient size
and reflectivity to be visible from both sides for six hundred feet when directly in front of
lawful lower beams of head lamps on a motor vehicle or, in lieu of such reflective material,
with a lighted lamp visible from both sides from a distance of at least five hundred feet
(5) A bicycle, electrical assisted bicycle, or EPAMD or its rider may be equipped with
lights or reflectors in addition to those required by subsections (2) to (4) of mis section.
(6) A bicycle or electrical assisted bicycle shall not be equipped with, nor shall any
person use upon a bicycle or electrical assisted bicycle, any siren or whistle.
(7) Every bicycle or electrical assisted bicycle shall be equipped with a brake or brakes
that will enable its rider to stop the bicycle or electrical assisted bicycle within twenty-five
feet from a speed of ten miles per hour on dry, level, clean pavement.
(8) A person engaged in the business of selling bicycles or electrical assisted bicycles
at retail shall not sell any bicycle or electrical assisted bicycle unless the bicycle or electrical
assisted bicycle has an identifying number permanently stamped or cast on its frame.
(9) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2256, § 1, effective January 1,
1995. L. 2009: (1) to (8) amended, (HB 09-1026), ch. 281, p. 1275, § 45, effective October
1.
Editor's note: This section is similar to former § 42-4-218.5 as it existed prior to 1994, and the
former § 42-4-221 was relocated to § 42-4-224.
42-4-222. Volunteer firefighters - volunteer ambulance attendants - special fights
and alarm systems. (1) (a) All members of volunteer fire departments regularly attached
to the fire departments organized within incorporated towns, counties, cities, and fire
protection districts and all members of a volunteer ambulance service regularly attached to
a volunteer ambulance service within an area that the ambulance service would be
reasonably expected to serve may have their private automobiles equipped with a signal
lamp or a combination of signal lamps capable of displaying flashing, oscillating, or rotating
red lights visible to the front and rear at five hundred feet in normal sunlight. In addition
to the red light, flashing, oscillating, or rotating signal lights may be used that emit white
or white in combination with red lights. At least one of such signal lamps or combination
of signal lamps shall be mounted on the top of the automobile. Said automobiles may be
equipped with audible signal systems such as sirens, whistles, or bells. Said lights, together
with any signal systems authorized by this subsection (1), may be used only as authorized
by subsection (3) of this section or when a member of a fire department is responding to or
attending a fire alarm or other emergency or when a member of an ambulance service is
responding to an emergency requiring the member* s services. Except as authorized in
subsection (3) of this section, neither such lights nor such signals shall be used for any other
purpose than those set forth in this subsection (1). If used for any other purpose, such use
42-4-223 Vehicles and Traffic Title 42 - page 300
shall constitute a violation of this subsection (1), and the violator commits a class B traffic
infraction.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), a member of
a volunteer fire department or a volunteer ambulance service may equip his or her private
automobile with the equipment described in paragraph (a) of this subsection (1) only after
receiving a permit for the equipment from the fire chief of the fire department or chief
executive officer of the ambulance service through which the volunteer serves.
(2) (Deleted by amendment, L. 96, p. 957, § 3, effective July 1, 1996.)
(3) A fire engine collector or member of a fire department may use the signal system
authorized by subsection (1) of this section in a funeral, parade, or for other special
purposes if the circumstances would not lead a reasonable person to believe that such
vehicle is responding to an actual emergency.
Source: L. 94: Entire title amended with relocations, p. 2257, § 1, effective January 1,
1995. L. 96: (1) and (2) amended, p. 957, § 3, effective July 1. L. 2004: (1) amended, p.
1081, § 5, effective July 1. L. 2005: (l)(a) amended and (3) added, p. 195, § 2, effective
July 1.
42-4-223. Brakes. (1) Brake equipment required:
(a) Every motor vehicle, other than a motorcycle, when operated upon a highway shall
be equipped with brakes adequate to control the movement of and to stop and hold such
vehicle, including two separate means of applying the brakes, each of which means shall be
effective to apply the brakes to at least two wheels. If these two separate means of applying
the brakes are connected in any way, they shall be so constructed that failure of any one part
of the operating mechanism shall not leave the motor vehicle without brakes on at least two
wheels.
(b) Every motorcycle and low-power scooter, when operated upon a highway, shall be
equipped with at least one brake, which may be operated by hand or foot.
(c) Every trailer or semitrailer of a gross weight of three thousand pounds or more,
when operated upon a highway, shall be equipped with brakes adequate to control the
movement of and to stop and to hold such vehicle and so designed as to be applied by the
driver of the towing motor vehicle from the cab, and said brakes shall be so designed and
connected that in case of an accidental breakaway of the towed vehicle the brakes shall be
automatically applied. The provisions of this paragraph (c) shall not be applicable to any
trailer which does not meet the definition of "commercial vehicle*' as that term is defined
in section 42-4-235 (1) (a) and which is owned by a farmer when transporting agricultural
products produced on the owner's farm or supplies back to the farm of the owner of the
trailer, tank trailers not exceeding ten thousand pounds gross weight used solely for
transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not
exceeding ten thousand pounds gross weight used solely for transporting and distributing
dry fertilizer when hauled by a truck capable of stopping within the distance specified in
subsection (2) of this section.
(d) Every motor vehicle, trailer, or semitrailer constructed or sold in this state or
operated upon the highways shall be equipped with service brakes upon all wheels of every
such vehicle; except that:
(I) Any trailer or semitrailer of less than three thousand pounds gross weight, or any
horse trailer of a capacity of two horses or less, or any trailer which does not meet the
definition of "commercial vehicle" as that term is defined in section 42-4-235 (1) (a) and
which is owned by a farmer when transporting agricultural products produced on the
owner's farm or supplies back to the farm of the owner of the trailer, or tank trailers not
exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or
gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds
gross weight used solely for transporting and distributing dry fertilizer when hauled by a
truck capable of stopping with loaded trailer attached in the distance specified by subsection
(2) of this section need not be equipped with brakes, and any two- wheel motor vehicle need
have brakes on only one wheel.
Title 42 - page 301 Regulation of Vehicles and Traffic 42-4-224
(II) Any truck or truck tractor, manufactured before July 25, 1980, and having three or
more axles, need not have brakes on the wheels of the front or tandem steering axles if the
brakes on the other wheels meet the performance requirements of subsection (2) of this
section.
(III) Every trailer or semitrailer of three thousand pounds or more gross weight must
have brakes on all wheels.
(e) Provisions of this subsection (1) shall not apply to manufactured homes.
(2) Performance ability of brakes:
(a) The service brakes upon any motor vehicle or combination of vehicles shall be
adequate to stop such vehicle when traveling twenty miles per hour within a distance of
forty feet when upon dry asphalt or concrete pavement surface free from loose material
where the grade does not exceed one percent.
(b) Under the conditions stated in paragraph (a) of this subsection (2), the hand brakes
shall be adequate to stop such vehicle within a distance of fifty-five feet, and said hand
brake shall be adequate to hold such vehicle stationary on any grade upon which operated.
(c) Under the conditions stated in paragraph (a) of this subsection (2), the service
brakes upon a motor vehicle equipped with two- wheel brakes only, when permitted under
this section, shall be adequate to stop the vehicle within a distance of fifty-five feet.
(d) All braking distances specified in this section shall apply to all vehicles mentioned,
whether such vehicles are not loaded or are loaded to the maximum capacity permitted
under this tide.
(e) All brakes shall be maintained in good working order and shall be so adjusted as to
operate as equally as possible with respect to the wheels on opposite sides of the vehicle.
(2.5) The department of public safety is specifically authorized to adopt rules relating
to the use of surge brakes.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2258, § 1, effective January 1,
1995. L. 96: (2.5) added, p. 629, § 2, effective January 1, 1997. L. 2009: (l)(b) amended,
(HB 09-1026), ch. 281, p. 1276, § 46, effective October 1.
ANNOTATION
Annotator's note. Since § 42-4-223 is sim- instruction is a correct abstract statement of law,
ilar to § 42-4-220 as it existed prior to the 1994 there must be evidence of defective brakes prior
amending of title 42 as enacted by SB 94-1, a to or at the time of the collision, and also some
relevant case construing that provision has been evidence that this condition was the proximate
included in the annotations to this section. cause of the accident. Prentiss v. Johnston, 119
Before an instruction concerning the ade- Colo. 370, 203 P.2d 733 (1949).
quacy of brakes may be given, although such
42-4-224. Horns or warning devices. (1) Every motor vehicle, when operated upon
a highway, shall be equipped with a horn in good working order and capable of emitting
sound audible under normal conditions from a distance of not less than two hundred feet,
but no horn or other warning device shall emit an unreasonably loud or harsh sound, except
as provided in section 42-4-213 (1) in the case of authorized emergency vehicles or as
provided in section 42-4-222. The driver of a motor vehicle, when reasonably necessary to
ensure safe operation, shall give audible warning with the horn but shall not otherwise use
such horn when upon a highway.
(2) No vehicle shall be equipped with nor shall any person use upon a vehicle any
audible device except as otherwise permitted in this section. It is permissible but not
required that any vehicle be equipped with a theft alarm signal device which is so arranged
that it cannot be used by the driver as a warning signal unless the alarm device is a required
part of the vehicle. Nothing in this section is meant to preclude the use of audible warning
devices that are activated when the vehicle is backing. Any authorized emergency vehicle
may be equipped with an audible signal device under section 42-4-213 (1), but such device
42-4-225 Vehicles and Traffic Title 42 - page 302
shall not be used except when such vehicle is operated in response to an emergency call or
in the actual pursuit of a suspected violator of the law or for other special purposes,
including, but not limited to, funerals, parades, and the escorting of dignitaries. Such device
shall not be used for such special purposes unless the circumstances would not lead a
reasonable person to believe that such vehicle is responding to an actual emergency.
(3) No bicycle, electrical assisted bicycle, or low-power scooter shall be equipped with
nor shall any person use upon such vehicle a siren or whistle.
(4) Snowplows and other snow-removal equipment shall display flashing yellow lights
meeting the requirements of section 42-4-214 as a warning to drivers when such equipment
is in service on the highway.
(5) (a) When any snowplow or other snow-removal equipment displaying flashing
yellow lights is engaged in snow and ice removal or control, drivers of all other vehicles
shall exercise more than ordinary care and caution in approaching, overtaking, or passing
such snowplow.
(b) The driver of a snowplow, while engaged in the removal or control of snow and ice
on any highway open to traffic and while displaying the required flashing yellow warning
lights as provided by section 42-4-214, shall not be charged with any violation of the
provisions of this article relating to parking or standing, turning, backing, or yielding the
right-of-way. These exemptions shall not relieve the driver of a snowplow from the duty to
drive with due regard for the safety of all persons, nor shall these exemptions protect the
driver of a snowplow from the consequences of a reckless or careless disregard for the
safety of others.
(6) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2259, § 1, effective January 1,
1995. L. 2005: (1) and (2) amended, p. 196, § 3, effective July 1. L. 2009: (3) amended,
(HB 09-1026), ch. 281, p. 1276, § 47, effective October 1.
Editor's note: This section is similar to former § 42-4-221 as it existed prior to 1994, and the
former § 42-4-224 was relocated to § 42-4-227.
42-4-225. Mufflers - prevention of noise. (1) Every motor vehicle subject to regis-
tration and operated on a highway shall at all times be equipped with an adequate muffler
in constant operation and properly maintained to prevent any excessive or unusual noise,
and no such muffler or exhaust system shall be equipped with a cut-off, bypass, or similar
device. No person shall modify the exhaust system of a motor vehicle in a manner which
will amplify or increase the noise emitted by the motor of such vehicle above that emitted
by the muffler originally installed on the vehicle, and such original muffler shall comply
with all of the requirements of this section.
(1.5) Any commercial vehicle, as defined in section 42-4-235 (1) (a), subject to
registration and operated on a highway, that is equipped with an engine compression brake
device is required to have a muffler.
(2) A muffler is a device consisting of a series of chamber or baffle plates or other
mechanical design for the purpose of receiving exhaust gas from an internal combustion
engine and effective in reducing noise.
(3) Any person who violates subsection (1) of this section commits a class B traffic
infraction. Any person who violates subsection (1.5) of this section shall, upon conviction,
be punished by a fine of five hundred dollars. Fifty percent of any fine for a violation of
subsection (1.5) of this section occurring within the corporate limits of a city or town, or
within the unincorporated area of a county, shall be transmitted to the treasurer or chief
financial officer of said city, town, or county, and the remaining fifty percent shall be
transmitted to the state treasurer, credited to the highway users tax fund, and allocated and
expended as specified in section 43-4-205 (5.5) (a), C.R.S.
(4) This section shall not apply to electric motor vehicles.
Title 42 -page 303 Regulation of Vehicles and Traffic 42-4-227
Source: L. 94: Entire title amended with relocations, p. 2260, § 1, effective January 1,
1995. L. 97: (4) added, p. 393, § 2, effective August 6. L. 2000: (1.5) added and (3)
amended, p. 1100, § 1, effective August 2. L. 2005: (3) amended, p. 149, § 26, effective
April 5.
Editor's note: This section is similar to former § 42-4-222 as it existed prior to 1994, and the
former § 42-4-225 was relocated to § 42-4-228.
42-4-226. Mirrors - exterior placements. ( 1 ) Every motor vehicle shall be equipped
with a mirror or mirrors so located and so constructed as to reflect to the driver a free and
unobstructed view of the highway for a distance of at least two hundred feet to the rear of
such vehicle.
(2) Whenever any motor vehicle is not equipped with a rear window and rear side
windows or has a rear window and rear side windows composed of, covered by, or treated
with any material or component that, when viewed from the position of the driver, obstructs
the rear view of the driver or makes such window or windows nontransparent, or whenever
any motor vehicle is towing another vehicle or trailer or carrying any load or cargo or object
that obstructs the rear view of the driver, such vehicle shall be equipped with an exterior
mirror on each side so located with respect to the position of the driver as to comply with
the visual requirement of subsection (1) of this section.
(3) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2261, § 1, effective January 1,
1995. L. 97: (2) amended, p. 393, § 5, effective August 6. L. 2009: (2) amended, (SB
09-075), ch. 418, p. 2324, § 12, effective August 5.
Editor's note: This section is similar to former § 42-4-223 as it existed prior to 1994, and the
former § 42-4-226 was relocated to § 42-4-229.
42-4-227. Windows unobstructed - certain materials prohibited - windshield wiper
requirements. (1) (a) (I) Except as otherwise provided in this paragraph (a), no person
shall operate a motor vehicle registered in Colorado on which any window, except the
windshield, is composed of, covered by, or treated with any material or component that
presents an opaque, nontransparent, or metallic or mirrored appearance in such a way that
it allows less than twenty-seven percent light transmittance. The windshield shall allow at
least seventy percent light transmittance.
(H) Notwithstanding subparagraph (I) of this paragraph (a), the windows to the rear of
the driver, including the rear window, may allow less than twenty-seven percent light
transmittance if the front side windows and the windshield on such vehicles allow at least
seventy percent light transmittance.
(HI) A law enforcement vehicle may have its windows, except the windshield, treated
in such a manner so as to allow less than twenty-seven percent light transmittance only for
the purpose of providing a valid law enforcement service. A law enforcement vehicle with
such window treatment shall not be used for any traffic law enforcement operations,
including operations concerning any offense in this article. For purposes of this subpara-
graph (in), "law enforcement vehicle" means a vehicle owned or leased by a state or local
law enforcement agency. The treatment of the windshield of a law enforcement vehicle is
subject to the limits described in paragraph (b) of this subsection (1).
(b) Notwithstanding any provision of paragraph (a) of this subsection (1), nontrans-
parent material may be applied, installed, or affixed to the topmost portion of the windshield
subject to the following:
(I) The bottom edge of the material extends no more than four inches measured from
the top of the windshield down;
(H) The material is not red or amber in color, nor does it affect perception of primary
colors or otherwise distort vision or contain lettering that distorts or obstructs vision;
42-4-228 Vehicles and Traffic Title 42 - page 304
(HI) The material does not reflect sunlight or headlight glare into the eyes of occupants
of oncoming or preceding vehicles to any greater extent than the windshield without the
material.
(c) Nothing in this subsection (1) shall be construed to prevent the use of any window
which is composed of, covered by, or treated with any material or component in a manner
approved by federal statute or regulation if such window was included as a component part
of a vehicle at the time of the vehicle manufacture, or the replacement of any such window
by such covering which meets such guidelines.
(d) No material shall be used on any window in the motor vehicle that presents a
metallic or mirrored appearance.
(e) Nothing in this subsection (1) shall be construed to deny or prevent the use of
certificates or other papers which do not obstruct the view of the driver and which may be
required by law to be displayed.
(2) The windshield on every motor vehicle shall be equipped with a device for cleaning
rain, snow, or other moisture from the windshield, which device shall be so constructed as
to be controlled or operated by the driver of the vehicle.
(3) (a) Except as provided in paragraph (b) of this subsection (3), any person who
violates any provision of this section commits a class B traffic infraction.
(b) Any person who installs, covers, or treats a windshield or window so that the
windshield or window does not meet the requirements of paragraph (a) of subsection (1) of
this section is guilty of a misdemeanor and shall be punished by a fine of not less than five
hundred dollars nor more than five thousand dollars.
(4) This section shall apply to all motor vehicles; except that subsection (2) of this
section shall not apply to low-speed electric vehicles.
Source: L. 94: Entire title amended with relocations, p. 2261, § 1, effective January 1,
1995. L. 95: (3) amended, p. 952, § 6, effective May 25. L. 2009: (4) amended, (SB
09-075), ch. 418, p. 2324, § 13, effective August 5. L. 2011: (l)(a) amended, (HB
11-1251), ch. 143, p. 499, § 1, effective May 4.
Editor's note: This section is similar to former § 42-4-224 as it existed prior to 1994, and the
former § 42-4-227 was relocated to § 42-4-230.
42-4-228. Restrictions on tire equipment (1) Every solid rubber tire on a vehicle
shall have rubber on its entire traction surface at least one inch thick above the edge of the
flange of the entire periphery.
(2) No person shall operate or move on any highway any motor vehicle, trailer, or
semitrailer having any metal tire in contact with the roadway, and it is unlawful to operate
upon the highways of this state any motor vehicle, trailer, or semitrailer equipped with solid
rubber tires.
(3) No tire on a vehicle moved on a highway shall have on its periphery any block, stud,
flange, cleat, or spike or any other protuberances of any material other than rubber which
projects beyond the tread on the traction surface of the tire; except that, on single-tired
passenger vehicles and on other single-tired vehicles with rated capacities up to and
including three-fourths ton, it shall be permissible to use tires containing studs or other
protuberances which do not project more than one-sixteenth of an inch beyond the tread of
the traction surface of the tire; and except that it shall be permissible to use farm machinery
with tires having protuberances which will not injure the highway; and except also that it
shall be permissible to use tire chains of reasonable proportions upon any vehicle when
required for safety because of snow, ice, or other conditions tending to cause a vehicle to
skid.
(4) The department of transportation and local authorities in their respective jurisdic-
tions, in their discretion, may issue special permits authorizing the operation upon a
highway of traction engines or tractors having movable tracks with transverse corrugations
upon the periphery of such movable tracks or farm tractors or other farm machinery, the
operation of which upon a highway would otherwise be prohibited under this article.
Title 42 - page 305
Regulation of Vehicles and Traffic
42-4-229
(5) (a) No person shall drive or move a motor vehicle on any highway unless such
vehicle is equipped with tires in safe operating condition in accordance with this subsection
(5) and any supplemental rules and regulations promulgated by the executive director of the
department
(b) The executive director of the department shall promulgate such rules as the
executive director deems necessary setting forth requirements of safe operating conditions
for tires. These rules shall be utilized by law enforcement officers for visual inspection of
tires and shall include methods for simple gauge measurement of tire tread depth.
(c) A tire shall be considered unsafe if it has:
(I) Any bump, bulge, or knot affecting the tire structure;
(II) A break which exposes a tire body cord or is repaired with a boot or patch;
(ID) A tread depth of less than two thirty-seconds of an inch measured in any two tread
grooves at three locations equally spaced around the circumference of the tire, or, on those
tires with tread wear indicators, a tire shall be considered unsafe if it is worn to the point
that the tread wear indicators contact the road in any two-tread grooves at three locations
equally spaced around the circumference of the tire; except that this subparagraph (III) shall
not apply to tires on a commercial vehicle as such term is defined in section 42-4-235 (1)
(a); or
(IV) Such other conditions as may be reasonably demonstrated to render it unsafe.
(6) No passenger car tire shall be used on any motor vehicle which is driven or moved
on any highway if such tire was designed or manufactured for nonhighway use.
(7) No person shall sell any motor vehicle for highway use unless the vehicle is
equipped with tires that are in compliance with subsections (5) and (6) of this section and
any rules of safe operating condition promulgated by the department.
(8) (a) Any person who violates any provision of subsection (1), (2), (3), (5), or (6) of
this section commits a class A traffic infraction.
(b) Any person who violates any provision of subsection (7) of this section commits a
class 2 misdemeanor traffic offense.
Source: L. 94: Entire tide amended with relocations, p. 2262, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-225 as it existed prior to 1994.
Cross references: For the penalty for class 2 misdemeanor traffic offenses, see § 42-4-1701
(3)(a)(H).
ANNOTATION
Annotator's note. Since § 42-4-228 is sim-
ilar to § 42-4-225 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
In the ascertainment of the legislative in-
tent, this section must be harmonized with
other sections of the act from which codified, so
as to give effect to its purpose, if possible.
People v. Rapini, 107 Colo. 363, 112 P.2d 551,
134 A.L.R. 545(1941).
The protection of the highway being one of
the objects of the act, the legislative intent must
have been to achieve this object by prohibiting
vehicles that would be injurious to highways.
People v. Rapini, 107 Colo. 363, 112 P.2d 551,
134 A.L.R. 545(1941).
A binder is a "vehicle" within the meaning
of subsection (3) of this section, and its use in
violation thereof is not excused by § 42-4-202.
People v. Rapini, 107 Colo. 363, 112 P.2d 551,
134A.L.R. 545 (1941).
42-4-229. Safety glazing material in motor vehicles. (1) No person shall sell any
new motor vehicle, nor shall any new motor vehicle be registered, unless such vehicle is
equipped with safety glazing material of a type approved by the department for any required
front windshield and wherever glazing material is used in doors and windows of said motor
vehicle. This section shall apply to all passenger-type motor vehicles, including passenger
buses and school vehicles, but, in respect to camper coaches and trucks, including truck
tractors, the requirements as to safety glazing material shall apply only to all glazing
42-4-230 Vehicles and Traffic Title 42 - page 306
material used in required front windshields and that used in doors and windows in the
drivers' compartments and such other compartments as are lawfully occupied by passengers
in said vehicles.
(2) The term "safety glazing materials" means such glazing materials as will reduce
substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury
to persons by objects from exterior sources or by these safety glazing materials when they
may be cracked or broken.
(3) The department shall compile and publish a list of types of glazing material by
name approved by it as meeting the requirements of this section, and the department shall
not, after January 1, 1958, register any motor vehicle which is subject to the provisions of
this section unless it is equipped with an approved type of safety glazing material, and the
department shall suspend the registration of any motor vehicle subject to this section which
is found to be not so equipped until it is made to conform to the requirements of this section.
(4) A person shall not operate a motor vehicle on a highway unless the vehicle is
equipped with a front windshield as provided in this section, except as provided in section
42-4-232 (1) and except for motor vehicles registered as collector's items under section
42-12-301 or 42-12-302.
(5) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2264, § 1, effective January 1,
1995. L. 2005: (4) amended, p. 1173, § 10, effective August 8. L. 2010: (1) amended,
(HB 10-1232), ch. 163, p. 573, § 12, effective April 28. L. 2011: (4) amended, (SB
11-031), ch. 86, p. 245, § 7, effective August 10.
Editor's note: This section is similar to former § 42-4-226 as it existed prior to 1994, and the
former § 42-4-229 was relocated to § 42-4-231.
42-4-230. Emergency lighting equipment - who must carry. (1) No motor vehicle
carrying a truck license and weighing six thousand pounds or more and no passenger bus
shall be operated over the highways of this state at any time without carrying in an
accessible place inside or on the outside of the vehicle three bidirectional emergency
reflective triangles of a type approved by the department, but the use of such equipment is
not required in municipalities where there are street lights within not more than one hundred
feet.
(2) Whenever a motor vehicle referred to in subsection (1) of this section is stopped
upon the traveled portion of a highway or the shoulder of a highway for any cause other
than necessary traffic stops, the driver of the stopped motor vehicle shall immediately
activate the vehicular hazard warning signal flashers and continue the flashing until the
driver places the bidirectional emergency reflective triangles as directed in subsection (3) of
this section.
(3) Except as provided in subsection (2) of this section, whenever a motor vehicle
referred to in subsection (1) of this section is stopped upon the traveled portion of a highway
or the shoulder of a highway for any cause other than necessary traffic stops, the driver
shall, as soon as possible, but in any event within ten minutes, place the bidirectional
emergency reflective triangles in the following manner:
(a) One at the traffic side of the stopped vehicle, within ten feet of the front or rear of
the vehicle;
(b) One at a distance of approximately one hundred feet from the stopped vehicle in the
center of the traffic lane or shoulder occupied by the vehicle and in the direction toward
traffic approaching in that lane; and
(c) One at a distance of approximately one hundred feet from the stopped vehicle in the
opposite direction from those placed in accordance with paragraphs (a) and (b) of this
subsection (3) in the center of the traffic lane or shoulder occupied by the vehicle; or
(d) If the vehicle is stopped within five hundred feet of a curve, crest of a hill, or other
obstruction to view, the driver shall place the emergency equipment required by this
subsection (3) in the direction of the obstruction to view at a distance of one hundred feet
Title 42 - page 307
Regulation of Vehicles and Traffic
42-4-232
to five hundred feet from the stopped vehicle so as to afford ample warning to other users
of the highway; or
(e) If the vehicle is stopped upon the traveled portion or the shoulder of a divided or
one-way highway, the driver shall place the emergency equipment required by this
subsection (3), one at a distance of two hundred feet and one at a distance of one hundred
feet in a direction toward approaching traffic in the center of the lane or shoulder occupied
by the vehicle, and one at the traffic side of the vehicle within ten feet of the rear of the
vehicle.
(4) No motor vehicle operating as a wrecking car at the scene of an accident shall move
or attempt to move any wrecked vehicle without first complying with those sections of the
law concerning emergency lighting.
(5) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2265, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-227 as it existed prior to 1994.
ANNOTATION
Annototor's note. Since § 42-4-230 is sim-
ilar to § 42-4-227 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
Such statutes construed as giving reason-
able time to comply with its requirements.
Statutes requiring the operator of a vehicle
which breaks down or stops on the paved por-
tion of a highway to forthwith, or immediately,
place or display torches or flares to warn on-
coming traffic on the highway should be and
generally are construed as giving the driver a
reasonable time within which to comply with
the statutory requirements. Anderson v.
Hudspeth Pine, Inc., 299 F.2d 874 (10th Cir.
1962).
Negligence in failing to first place flare at
side. Calnon v. Sorel, 108 Colo. 467, 119 P.2d
615 (1941).
Lack of equipment not proximate cause of
accident The fact that the tractor and trailer
were not equipped with all of the emergency
equipment required by this section was not the
proximate cause of the collision between a
stopped track and an automobile, if the driver of
the truck had insufficient time to put out warning
flares. Anderson v. Hudspeth Pine, Inc., 299 F. 2d
874 (10th Cir. 1962).
Applied in Ackley v. Watson Bros. Transp.
Co., 123 F. Supp. 649 (D. Colo. 1954).
42-4-231. Parking lights. When lighted lamps are required by section 42-4-204, no
vehicle shall be driven upon a highway with the parking lights lighted except when the
lights are being used as signal lamps and except when the head lamps are lighted at the same
time. Parking lights are those lights permitted by section 42-4-215 and any other lights
mounted on the front of the vehicle, designed to be displayed primarily when the vehicle
is parked. Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2266, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-229 as it existed prior to 1994, and the
former § 42-4-231 was relocated to § 42-4-232.
42-4-232. Minimum safety standards for motorcycles and low-power scooters.
(1) No person shall operate any motorcycle or low-power scooter on any public highway
in this state unless such person and any passenger thereon is wearing goggles or eyeglasses
with lenses made of safety glass or plastic; except that this subsection (1) shall not apply
to a person wearing a helmet containing eye protection made of safety glass or plastic.
42-4-233
Vehicles and Traffic
Title 42 -page 308
(2) The department shall adopt standards and specifications for the design of goggles
and eyeglasses.
(3) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall
be equipped with footrests for such passengers.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2266, § 1, effective January 1,
1995. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1276, § 48, effective October 1.
Editor's note: This section is similar to former § 42-4-231 as it existed prior to 1994, and the
former § 42-4-232 was relocated to § 42-4-233.
Cross references: For regulation of motorcycles generally, see part 15 of this article.
ANNOTATION
Annotator's note. Since § 42-4-232 is sim-
ilar to § 42-4-231 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
Although a motorcycle is a motor vehicle,
the general assembly has occasionally treated
it as a class apart from other motor vehicles.
This was done in § 42-2-114, which requires a
special licensing for the operators of motor-
cycles. Love v. Bell, 171 Colo. 27, 465 P.2d 118
(1970).
This section is reasonably related to the
public health, safety, and welfare. Love v.
Bell, 171 Colo. 27, 465 P.2d 118 (1970).
Purpose of section is within police power.
The purpose of the requirement of this section
that cyclists wear protective helmets is to pre-
vent mem from sustaining head injuries, and
such purpose is within the police power of the
state. Love v. Bell, 171 Colo. 27, 465 P.2d 118
(1970).
Because movement and travel are subject
to regulation under the police power of the
state, and the effect of this section is to regulate,
not prohibit, movement. Love v. Bell, 171 Colo.
27, 465 P.2d 118 (1970).
This section does not create an unconstitu-
tional burden on interstate commerce; it is
not discriminatory and does not constitute spe-
cial legislation prohibited by the Colorado con-
stitution; it is not an unconstitutional burden on
the freedom of movement and right to travel;
and that portion of this section dealing with
goggles and protective glasses is a valid exercise
of the police power of the state. Love v. Bell,
171 Colo. 27, 465 P.2d 118 (1970).
The supreme court will invalidate a safety
measure enacted by a state only when the total
effect of the law as a safety measure in reducing
accidents and casualties is so slight or problem-
atical as not to outweigh the national interest in
keeping interstate commerce free from interfer-
ences which seriously impede it. Love v. Bell,
171 Colo. 27, 465 P.2d 118 (1970).
42-4-233. Alteration of suspension system. (1) No person shall operate a motor
vehicle of a type required to be registered under the laws of this state upon a public highway
with either the rear or front suspension system altered or changed from the manufacturer's
original design except in accordance with specifications permitting such alteration estab-
lished by the department. Nothing contained in this section shall prevent the installation of
manufactured heavy duty equipment to include shock absorbers and overload springs, nor
shall anything contained in mis section prevent a person from operating a motor vehicle on
a public highway with normal wear of the suspension system if normal wear shall not affect
the control of the vehicle.
(2) This section shall not apply to motor vehicles designed or modified primarily for
off-highway racing purposes, and such motor vehicles may be lawfully towed on the
highways of this state.
(3) Any person who violates any provision of this section commits a class 2 misde-
meanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2267, § 1, effective January 1,
1995.
Title 42 -page 309 Regulation of Vehicles and Traffic 42-4-235
Editor's note: This section is similar to former § 42-4-232 as it existed prior to 1994, and the
former § 42-4-233 was relocated to § 42-4-234.
Cross references: For the penalty for class 2 misdemeanor traffic offenses, see § 42-4-1701
(3)(a)(II).
ANNOTATION
Annotator's note. Since § 42-4-233 is sim- sion system alteration, except the installation of
ilar to § 42-4-232 as it existed prior to the 1994 heavy duty shock absorbers or springs, is un-
amending of tide 42 as enacted by SB 94-1 a constitutionally overbroad. People v. Von
relevant case construing that provision has been Tersch, 180 Colo. 295, 505 P.2d 5 (1973) (de-
included in the annotations to this section. cided prior to 1975 amendment).
Section unconstitutional. This section's flat
prohibition against any motor vehicle suspen-
42-4-234. Slow-moving vehicles -display of emblem. (1) (a) All machinery, equip-
ment, and vehicles, except bicycles, electrical assisted bicycles, and other human-powered
vehicles, designed to operate or normally operated at a speed of less than twenty-five miles
per hour on a public highway shall display a triangular slow-moving vehicle emblem on the
rear.
(b) The department shall set standards for a triangular slow-moving emblem for use on
low-speed electric vehicles.
(c) Bicycles, electrical assisted bicycles, and other human-powered vehicles shall be
permitted but not required to display the emblem specified in this subsection (1).
(2) The executive director of the department shall adopt standards and specifications for
such emblem, position of the mounting thereof, and requirements for certification of
conformance with the standards and specifications adopted by the American society of
agricultural engineers concerning such emblems. The requirements of such emblem shall be
in addition to any lighting device required by law.
(3) The use of the emblem required under this section shall be restricted to the use
specified in subsection (1) of this section, and its use on any other type of vehicle or
stationary object shall be prohibited.
(4) Any person who violates any provision of mis section commits a class B traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2267, § 1, effective January 1,
1995. L. 97: (1) amended, p. 393, § 6, effective August 6. L. 2009: (1) amended, (SB
09-075), ch. 418, p. 2324, § 14, effective August 5; (1) amended, (HB 09-1026), ch. 281,
p. 1276, § 49, effective October 1.
Editor's note: (1) This section is similar to former § 42-4-233 as it existed prior to 1994, and
the former § 42-4-234 was relocated to § 42-4-235.
(2) Amendments to subsection (1) by Senate Bill 09-075 and House Bill 09-1026 were harmo-
nized.
42-4-235. Minimum standards for commercial vehicles - rules. (1) As used in this
section, unless the context otherwise requires:
(a) "Commercial vehicle*' means:
(I) Any self-propelled or towed vehicle bearing an apportioned plate or having a
manufacturer's gross vehicle weight rating or gross combination rating often thousand one
pounds or more, which vehicle is used in commerce on the public highways of this state or
is designed to transport sixteen or more passengers, including the driver, unless such vehicle
is a school bus regulated pursuant to section 42-4-1904 or any vehicle that does not have
a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned
or operated by a school district so long as such school district does not receive remuneration
for the use of such vehicle, not including reimbursement for the use of such vehicle;
42-4-235 Vehicles and Traffic Title 42 - page 310
(II) Any motor vehicle designed or equipped to transport other motor vehicles from
place to place by means of winches, cables, pulleys, or other equipment for towing, pulling,
or lifting, when such motor vehicle is used in commerce on the public highways of this
state; and
(in) A motor vehicle that is used on the public highways and transports materials
determined by the secretary of transportation to be hazardous under 49 U.S.C. sec. 5103 in
such quantities as to require placarding under 49 CFR parts 172 and 173.
(b) Repealed.
(c) "Motor carrier" means every person, lessee, receiver, or trustee appointed by any
court whatsoever owning, controlling, operating, or managing any commercial vehicle as
defined in paragraph (a) of this subsection (1).
(2) (a) No person shall operate a commercial vehicle, as defined in subsection (1) of
this section, on any public highway of this state unless such vehicle is in compliance with
the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this
section. Any person who violates the rules, including any intrastate motor carrier, shall be
subject to the civil penalties authorized pursuant to 49 CFR part 386, subpart G, as such
subpart existed on October 1, 2001. Persons who utilize an independent contractor shall not
be liable for penalties imposed on the independent contractor for equipment, acts, and
omissions within the independent contractor's control or supervision. All civil penalties
collected pursuant to this article by a state agency or by a court shall be transmitted to the
state treasurer, who shall credit mem to the highway users tax fund created in section
43-4-201, C.R.S., for allocation and expenditure as specified in section 43-4-205 (5.5) (a),
C.R.S.
(b) Notwithstanding paragraph (a) of this subsection (2):
(I) Intrastate motor carriers shall not be subject to any provisions in 49 CFR, part 386,
subpart G that relate the amount of a penalty to a violator's ability to pay, and such penalties
shall be based upon the nature and gravity of the violation, the degree of culpability, and
such other matters as justice and public safety may require;
(II) When determining the assessment of a civil penalty for safety violations, the period
of a motor carrier's safety compliance history that a compliance review officer may consider
shall not exceed three years;
(HI) The intrastate operation of implements of husbandry shall not be subject to the
civil penalties provided in 49 CFR, part 386, subpart G. Nothing in this subsection (2) shall
be construed to repeal, preempt, or negate any existing regulatory exemption for agricul-
tural operations, intrastate farm vehicle drivers, intrastate vehicles or combinations of
vehicles with a gross vehicle weight rating of not more than twenty-six thousand pounds
that do not require a commercial driver's license to operate, or any successor or analogous
agricultural exemptions, whether based on federal or state law.
(IV) This section does not apply to a motor vehicle or motor vehicle and trailer
combination:
(A) With a gross vehicle weight, gross vehicle weight rating, or gross combination
rating of less than twenty-six thousand one pounds;
(B) Not operated in interstate commerce;
(C) Not transporting hazardous materials requiring placarding;
(D) Not transporting either sixteen or more passengers including the driver or eight or
more passengers for compensation; and
(E) If the motor vehicle or combination is being used solely for agricultural purposes.
(c) The Colorado state patrol shall have exclusive enforcement authority to conduct
safety compliance reviews, as denned in 49 CFR 385.3, as such section existed on October
1, 2001, and to impose civil penalties pursuant to such reviews. Nothing in this paragraph
(c) shall expand or limit the ability of local governments to conduct roadside safety
inspections.
(d) (I) Upon notice from the Colorado state patrol, the department shall, pursuant to
section 42-3-120, cancel the registration of a motor carrier who fails to pay in full a civil
penalty imposed pursuant to this subsection (2) within thirty days after notification of the
penalty.
(II) Repealed.
Title 42 - page 3 1 1 Regulation of Vehicles and Traffic 42-4-236
(3) Any motor carrier operating a commercial vehicle within Colorado must declare
knowledge of the rules adopted by the chief of the Colorado state patrol pursuant to
subsection (4) of this section. The declaration of knowledge shall be in writing on a form
provided by the Colorado state patrol. The form must be signed and returned by a motor
carrier according to rules adopted by the chief.
(4) (a) The chief of the Colorado state patrol shall adopt rules for the operation of all
commercial vehicles. In adopting the rules, the chief shall use as general guidelines the
standards contained in the current rules and regulations of the United States department of
transportation relating to safety regulations, qualifications of drivers, driving of motor
vehicles, parts and accessories, notification and reporting of accidents, hours of service of
drivers, inspection, repair and maintenance of motor vehicles, financial responsibility,
insurance, and employee safety and health standards; except that rules regarding financial
responsibility and insurance do not apply to a commercial vehicle as defined in subsection
(I) of this section that is also subject to regulation by the public utilities commission under
article 10.1 of title 40, C.R.S. On and after September 1, 2003, all commercial vehicle safety
inspections conducted to determine compliance with rules promulgated by the chief
pursuant to this paragraph (a) shall be performed by an enforcement official, as defined in
section 42-20-103 (2), who has been certified by the commercial vehicle safety alliance, or
any successor organization thereto, to perform level I inspections.
(b) The Colorado public utilities commission may enforce safety rules of the chief of
the Colorado state patrol governing commercial vehicles described in subparagraphs (I) and
(II) of paragraph (a) of subsection (1) of this section pursuant to his or her authority to
regulate motor carriers as defined in section 40-10.1-101, C.R.S., including the issuance of
civil penalties for violations of the rules as provided in section 40-7-113, C.R.S.
(5) Any person who violates a rule promulgated by the chief of the Colorado state
patrol pursuant to this section or fails to comply with subsection (3) of this section commits
a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2267, § 1, effective January 1,
1995. L. 96: (l)(a) and (4) amended, p. 1548, § 7, effective July 1. L. 2001: (l)(a)(I)
amended, p. 292, § 1, effective August 8. L. 2002: (2) amended, p. 284, § 1, effective
April 18. L. 2003: (4)(a) amended, p. 664, § 1, effective August 6. L. 2005: (2)(a)
amended, p. 149, § 27, effective April 5. L. 2006: (l)(a) amended, p. 1063, § 1, effective
July 1. L. 2007: (2)(d) added, p. 857, § 1, effective July 1. L. 2009: (4)(a) amended, (HB
09-1244), ch. 430, p. 2392, § 2, effective August 5. L. 2011: (4) amended, (HB 11-1198),
ch. 127, p. 425, § 26, effective August 10. L. 2012: (l)(b) repealed and (2)(a), (2XdXD,
(3), (4), and (5) amended, (HB 12-1019), ch. 135, p. 466, § 9, effective July 1; (2XbXIV)
added, (SB 12-059), ch. 116, p. 397, § 1, effective August 8.
Editor's note: (1) This section is similar to former § 42-4-234 as it existed prior to 1994, and
the former § 42-4-235 was relocated to § 42-4-236.
(2) Subsection (2)(d)(H)(B) provided for the repeal of subsection (2)(d)(0), effective July 1, 2009.
(See L. 2007, p. 857.)
(3) Section 2 of chapter 116, Session Laws of Colorado 2012, provides that the act adding
subsection (2)(b)(IV) applies to offenses committed on or after August 8, 2012.
Cross references: For the penalty for class 2 misdemeanor traffic offenses, see § 42-4-1701
(3)(a)(II).
42-4-236. Child restraint systems required - definitions - exemptions. ( 1 ) As used
in this section, unless the context otherwise requires:
(a) "Child care center" means a facility required to be licensed under the "Child Care
Licensing Act", article 6 of tide 26, C.R.S.
(a.3) (Deleted by amendment, L. 2010, (SB 10-110), ch. 294, p. 1365, § 3, effective
August 1, 2010.)
(a.5) "Child restraint system" means a specially designed seating system that is
designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent
or minimize injury to the child in the event of a motor vehicle accident that is either
42-4-236 Vehicles and Traffic Title 42 - page 312
permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a
universal attachment system, and that meets the federal motor vehicle safety standards set
forth in section 49 CFR 571.213, as amended.
(a.7) (Deleted by amendment, L. 2010, (SB 10-110), ch. 294, p. 1365, § 3, effective
August 1, 2010.)
(a.8) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or
sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds.
"Motor vehicle" does not include motorcycles, low-power scooters, motorscooters,
motorbicycles, motorized bicycles, and farm tractors and implements of husbandry de-
signed primarily or exclusively for use in agricultural operations.
(b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of
belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that
is physically a part of a child restraint system. "Safety belt" includes the anchorages, the
buckles, and all other equipment directly related to the operation of safety belts. Proper use
of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the
lap belt crosses the hips, touching the thighs.
(c) "Seating position" means any motor vehicle interior space intended by the motor
vehicle manufacturer to provide seating accommodation while the motor vehicle is in
motion.
(2) (a) (I) Unless exempted pursuant to subsection (3) of this section and except as
otherwise provided in subparagraphs (II) and (III) of this paragraph (a), every child who is
under eight years of age and who is being transported in this state in a motor vehicle or in
a vehicle operated by a child care center, shall be properly restrained in a child restraint
system, according to the manufacturer's instructions.
(II) If the child is less than one year of age and weighs less than twenty pounds, the
child shall be properly restrained in a rear-facing child restraint system in a rear seat of the
vehicle.
(HI) If the child is one year of age or older, but less than four years of age, and weighs
less than forty pounds, but at least twenty pounds, the child shall be properly restrained in
a rear-facing or forward-facing child restraint system.
(b) Unless excepted pursuant to subsection (3) of this section, every child who is at
least eight years of age but less than sixteen years of age who is being transported in this
state in a motor vehicle or in a vehicle operated by a child care center, shall be properly
restrained in a safety belt or child restraint system according to the manufacturer's
instructions.
(c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that
his or her child or children are provided with and that they properly use a child restraint
system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility
of the driver transporting a child or children, subject to the requirements of this section, to
ensure that such children are provided with and that they properly use a child restraint
system or safety belt system.
(3) Except as provided in section 42-2-105.5 (4), subsection (2) of this section does not
apply to a child who:
(a) Repealed.
(b) Is less than eight years of age and is being transported in a motor vehicle as a result
of a medical or other life-threatening emergency and a child restraint system is not
available;
(c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402
(4) (a), that is operated by a child care center;
(d) Is the driver of a motor vehicle and is subject to the safety belt requirements
provided in section 42-4-237;
(e) (Deleted by amendment, L. 2011, (SB 11-227), ch. 295, p. 1399, § 1, effective June
7, 2011.)
(f) Is being transported in a motor vehicle that is operated in the business of transport-
ing persons for compensation or hire by or on behalf of a common carrier or a contract
carrier as those terms are defined in section 40-10.1-101, C.R.S., or an operator of a luxury
limousine service as defined in section 40-10.1-301, C.R.S.
Title 42 -page 313 Regulation of Vehicles and Traffic 42-4-237
(4) The division of highway safety shall implement a program for public information
and education concerning the use of child restraint systems and the provisions of this
section.
(5) No person shall use a safety belt or child restraint system, whichever is applicable
under the provisions of this section, for children under sixteen years of age in a motor
vehicle unless it conforms to all applicable federal motor vehicle safety standards.
(6) Any violation of this section shall not constitute negligence per se or contributory
negligence per se.
(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), any person
who violates any provision of this section commits a class B traffic infraction.
(b) A minor driver under eighteen years of age who violates this section shall be
punished in accordance with section 42-2-105.5 (5) (b).
(8) The fine may be waived if the defendant presents the court with satisfactory
evidence of proof of the acquisition, purchase, or rental of a child restraint system by the
time of the court appearance.
(9) (Deleted by amendment, L. 2010, (SB 10-110), ch. 294, p. 1365, § 3, effective
August 1, 2010.)
(10) and (11) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2268, § 1, effective January 1,
1995. L. 95: (l)(a), (2), (3), (5), and (8) amended and (l)(a.5) added, p. 327, § 1, effective
July 1. L. 96: (l)(a) amended, p. 267, § 23, effective July 1. L. 99: JP(3) amended, p.
1382, § 7, effective July 1; (3)(a) repealed, p. 1349, § 1, effective August 4. L. 2002: (1)
and (2) amended and (9) and (10) added, pp. 1215, 1217, §§ 2, 3, effective August 1, 2003.
L. 2003: (2)(b) amended, p. 2358, § 1, effective June 3; (2)(b)(I) amended and (2)(b)(1.5)
added, p. 560, § 1, effective August 1. L. 2006: (10) repealed, p. 1512, § 72, effective June
1; (7) amended, p. 439, § 2, effective July 1. L. 2010: (l)(a.3), (l)(a.7), (l)(b), (2), (3), (8),
and (9) amended and (l)(a.8) and (11) added, (SB 10-110), ch. 294, pp. 1365, 1364, §§ 3,
2, effective August 1. L. 2011: IP(3) and (3)(e) amended, (SB 11-227), ch. 295, p. 1399,
§ 1, effective June 7; IP(3) and (3)(f) amended, (HB 11-1198), ch. 127, p. 426, § 27,
effective August 10.
Editor's note: (1) This section is similar to former § 42-4-235 as it existed prior to 1994, and
the former § 42-4-236 was relocated to § 42-4-237.
(2) Amendments to subsection (2)(b) by House Bill 03-1144 and House Bill 03-1381 were
harmonized
(3) The introductory portion to subsection (3) was amended in Senate Bill 11-227. Those
amendments were superseded by the amendment of this section in House Bill 11-1198.
(4) Subsection (ll)(b) provided for the repeal of subsection (11), effective August 1, 2011. (See
L. 2010, p. 1367.)
Cross references: For the legislative declaration contained in the 1999 act amending the intro-
ductory portion to subsection (3), see section 1 of chapter 334, Session Laws of Colorado 1999. For
the legislative declaration contained in the 2002 act amending subsections (1) and (2) and enacting
subsections (9) and (10), see section 1 of chapter 301, Session Laws of Colorado 2002.
ANNOTATION
Parents, as fellow passengers in a vehicle, more carefully because of their children's pres-
do not have a duty to assure that their children ence in the vehicle. Wark v. McClellan, 68 P. 3d
use seat belts nor to request that a driver drive 574 (Colo. App. 2003).
42-4-237. Safety belt systems -mandatory use -exemptions- penalty. (1) As used
in this section:
(a) "Motor vehicle** means a self-propelled vehicle intended primarily for use and
operation on the public highways, including passenger cars, station wagons, vans, taxicabs,
ambulances, motor homes, and pickups. The term does not include motorcycles, low-power
42-4-237 Vehicles and Traffic Title 42 - page 314
scooters, passenger buses, school buses, and farm tractors and implements of husbandry
designed primarily or exclusively for use in agricultural operations.
(b) "Safety belt system" means a system utilizing a lap belt, a shoulder belt, or any
other belt or combination of belts installed in a motor vehicle to restrain drivers and
passengers, which system conforms to federal motor vehicle safety standards.
(2) Unless exempted pursuant to subsection (3) of this section, every driver of and
every front seat passenger in a motor vehicle equipped with a safety belt system shall wear
a fastened safety belt while the motor vehicle is being operated on a street or highway in
this state.
(3) Except as provided in section 42-2-105.5, the requirement of subsection (2) of this
section shall not apply to:
(a) A child required by section 42-4-236 to be restrained by a child restraint system;
(b) A member of an ambulance team, other than the driver, while involved in patient
care;
(c) A peace officer as described in section 16-2.5-101, C.R.S., while performing official
duties so long as the performance of said duties is in accordance with rules and regulations
applicable to said officer which are at least as restrictive as subsection (2) of this section and
which only provide exceptions necessary to protect the officer;
(d) A person with a physically or psychologically disabling condition whose physical
or psychological disability prevents appropriate restraint by a safety belt system if such
person possesses a written statement by a physician certifying the condition, as well as
stating the reason why such restraint is inappropriate;
(e) A person driving or riding in a motor vehicle not equipped with a safety belt system
due to the fact that federal law does not require such vehicle to be equipped with a safety
belt system;
(f) A rural letter carrier of the United States postal service while performing duties as
a rural letter carrier; and
(g) A person operating a motor vehicle which does not meet the definition of "com-
mercial vehicle" as that term is defined in section 42-4-235 (1) (a) for commercial or
residential delivery or pickup service; except that such person shall be required to wear a
fastened safety belt during the time period prior to the first delivery or pickup of the day and
during the time period following the last delivery or pickup of the day.
(4) (a) Except as otherwise provided in paragraph (b) of this subsection (4), any person
who operates a motor vehicle while such person or any passenger is in violation of the
requirement of subsection (2) of this section commits a class B traffic infraction. Penalties
collected pursuant to this subsection (4) shall be transmitted to the appropriate authority
pursuant to the provisions of section 42-1-217 (1) (e) and (2).
(b) A minor driver under eighteen years of age who violates this section shall be
punished in accordance with section 42-2-105.5 (5) (b).
(5) No driver in a motor vehicle shall be cited for a violation of subsection (2) of this
section unless such driver was stopped by a law enforcement officer for an alleged violation
of articles 1 to 4 of this title other than a violation of this section.
(6) Testimony at a trial for a violation charged pursuant to subsection (4) of this section
may include:
(a) Testimony by a law enforcement officer that the officer observed the person charged
operating a motor vehicle while said operator or any passenger was in violation of the
requirement of subsection (2) of this section; or
(b) Evidence that the driver removed the safety belts or knowingly drove a vehicle from
which the safety belts had been removed.
(7) Evidence of failure to comply with the requirement of subsection (2) of this section
shall be admissible to mitigate damages with respect to any person who was involved in a
motor vehicle accident and who seeks in any subsequent litigation to recover damages for
injuries resulting from the accident. Such mitigation shall be limited to awards for pain and
suffering and shall not be used for limiting recovery of economic loss and medical
payments.
Title 42 -page 315
Regulation of Vehicles and Traffic
42-4-237
(8) The office of transportation safety in the department of transportation shall continue
its program for public information and education concerning the benefits of wearing safety
belts and shall include within such program the requirements and penalty of this section.
Source: L. 94: Entire title amended with relocations, p. 2269, § 1, effective January 1,
1995. L. 95: (4) amended, p. 953, § 7, effective May 25. L. 99: IP(3) amended, p. 1382,
§ 8, effective July 1. L. 2002: IP(3) amended, p. 1034, § 75, effective June 1. L. 2003:
(3)(c) amended, p. 1623, § 40, effective August 6. L. 2006: (4) amended, p. 439, § 3,
effective July 1. L. 2009: (l)(a) amended, (HB 09-1026), ch. 281, p. 1276, § 50, effective
October 1.
Editor's note: This section is similar to former § 42-4-236 as it existed prior to 1994, and the
former § 42-4-237 was relocated to § 42-4-1411.
Cross references: For the legislative declaration contained in the 1999 act amending the intro-
ductory portion to subsection (3), see section 1 of chapter 334, Session Laws of Colorado 1999.
ANNOTATION
Law reviews. For article, "Colorado Manda-
tory Seatbelt Act Revives the Seatbelt Defense",
see 16 Colo. Law. 1210 (1987). For article,
"1988 Update on Colorado Tort Reform Legis-
lation — Part IT, see 17 Colo. Law. 1949
(1988).
Annotator's note. Since § 42-4-237 is sim-
ilar to § 42-4-236 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
The plain language of this section indicates
that "safety belt system" refers to all of the
safety belts that have been installed in a mo-
tor vehicle to restrain drivers and front seat
passengers. The language of this section reflects
that a motor vehicle may contain any number,
type, or combination of belts within its "safety
belt system". The term "safety belt system"
does not mean the belts at a particular seat.
Rather, a "safety belt system" is comprised of
the many belts contained within a motor vehicle
to restrain drivers and front seat passengers.
Carlson v. Ferris, 85 P.3d 504 (Colo. 2003).
Because the language of subsection (2) does
not include the term "system", the general
assembly intended "safety belt" to refer to
the belts that have been installed in a partic-
ular seat pursuant to federal motor vehicle
safety standards. Carlson v. Ferris, 85 P.3d 504
(Colo. 2003).
Drivers and front seat passengers of auto-
mobiles that have been equipped with a lap
and a shoulder belt pursuant to federal motor
vehicle safety standards must wear both the lap
and the shoulder belt to comply with subsection
(2). Carlson v. Ferris, 85 P.3d 504 (Colo. 2003).
Driver is required to fasten all safety belts
included in a motor vehicle's safety belt sys-
tem to comply with subsection (2) in order to
defeat a claim for failure to mitigate under sub-
section (7). Carlson v. Ferris, 58 P.3d 1055
(Colo. App. 2002), afiPd, 85 P.3d 504 (Colo.
2003).
A jury instruction regarding the affirma-
tive defense of failure to wear a seatbelt
should be given when it can be inferred with
reasonable probability that pain and suffering
will occur because of the plaintiffs failure to
wear a seatbelt. Anderson v. Watson, 929 P.2d 6
(Colo. App. 1996) (supreme court in Anderson
v. Watson, 953 P.2d 1284 (Colo. 1998), anno-
tated below, disagreed with the reasoning of the
court of appeals).
The court of appeals' "inference stan-
dard" imposes an additional requirement on
the defendant that is not required under this
section. Anderson v. Watson, 953 P.2d 1284
(Colo. 1998) (disagreeing with the reasoning of
the court of appeals in Anderson v. Watson
annotated above).
Statements regarding how the failure to
use a seat belt caused certain injuries may be
admitted. Wark v. McClellan, 68 P.3d 574
(Colo. App. 2003).
Evidence sufficient to allow seat belt de-
fense under subsection (7) where husband tes-
tified that he was wearing a seat belt and inves-
tigating officer testified that the husband had
reported that he was not wearing a seat belt at
time of accident. Askew v. Gerace, 851 P.2d 199
(Colo. App. 1992) (supreme court in Anderson
v. Watson, 953 P.2d 1284 (Colo. 1998), anno-
tated below, disagreed with the reasoning of the
court of appeals).
Lack of seat belt use is admissible evidence
at trial but only to reduce an award of damages
for pain and suffering. Wark v. McClellan, 68
P.3d 574 (Colo. App. 2003).
No medical testimony required to show
plaintiff's failure to wear a seat belt contrib-
uted to plaintiff's pain and suffering. Askew v.
Gerace, 851 P.2d 199 (Colo. App. 1992); Ander-
son v. Watson, 929 P.2d 6 (Colo. App. 1996)
42-4-238
Vehicles and Traffic
Title 42 -page 316
(supreme court in Anderson v. Watson, 953 P.2d
1284 (Colo. 1998), annotated below, disagreed
with the reasoning of the court of appeals).
Defendant must prove a prima facie case of
seat belt nonuse before the appropriate instruc-
tion on that defense can go to the jury if the
defendant chooses to raise that defense. Ander-
son v. Watson, 953 P.2d 1284 (Colo. 1998)
(disagreeing with the reasoning of the court of
appeals in Anderson v. Watson and Askew v.
Gerace annotated above).
Failure to wear a seat belt automatically
satisfies any obligation on the defendant's
part to show a causal relationship to pain and
suffering. Anderson v. Watson, 953 P.2d 1284
(Colo. 1998) (disagreeing with the reasoning of
the court of appeals in Anderson v. Watson and
Askew v. Gerace annotated above).
"Pain and suffering- * includes all nonecon-
omic damages. Such noneconomic damages in-
clude inconvenience, emotional stress, and im-
pairment of the quality of life but not physical
impairment and disfigurement. Pringle v.
Valdez, 171 P.3d 624 (Colo. 2007).
Failure of victim to employ a seatbelt not
an intervening cause that would shield or par-
tially shield the defendant from liability for a
collision that resulted in a charge of vehicular
homicide. People v. Lopez, 97 P.3d 277 (Colo.
App. 2004).
42-4-238. Blue and red lights - illegal use or possession. (1) A person shall not be
in actual physical control of a vehicle, except an authorized emergency vehicle as defined
in section 42-1-102 (6), that the person knows contains a lamp or device that is designed
to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue
light visible directly in front of the center of the vehicle.
(2) It shall be an affirmative defense that the defendant was:
(a) A peace officer as described in section 16-2.5-101, C.R.S.; or
(b) In actual physical control of a vehicle expressly authorized by a chief of police or
sheriff to contain a lamp or device that is designed to display, or that is capable of displaying
if affixed or attached to the vehicle, a red or blue light visible from directly in front of the
center of the vehicle; or
(c) A member of a volunteer fire department or a volunteer ambulance service who
possesses a permit from the fire chief of the fire department or chief executive officer of the
ambulance service through which the volunteer serves to operate a vehicle pursuant to
section 42-4-222 (1) (b); or
(d) A vendor who exhibits, sells, or offers for sale a lamp or device designed to display,
or that is capable of displaying, if affixed or attached to the vehicle, a red or blue light; or
(e) A collector of fire engines, fire suppression vehicles, or ambulances and the vehicle
to which the red or blue lamps were affixed is valued for the vehicle's historical interest or
as a collector's item.
(3) A violation of this section is a class 1 misdemeanor.
Source: L. 2004: Entire section added, p. 1080, § 2, effective July 1. L. 2005: (2)(e)
added, p. 195, § 1, effective July 1.
42-4-239. Misuse of a wireless telephone - definitions - penalty - preemption. ( 1 ) As
used in this section, unless the context otherwise requires:
(a) "Emergency" means a situation in which a person:
(I) Has reason to fear for such person's life or safety or believes that a criminal act may
be perpetrated against such person or another person, requiring the use of a wireless
telephone while the car is moving; or
(II) Reports a fire, a traffic accident in which one or more injuries are apparent, a
serious road hazard, a medical or hazardous materials emergency, or a person who is driving
in a reckless, careless, or otherwise unsafe manner.
(b) "Operating a motor vehicle" means driving a motor vehicle on a public highway,
but "operating a motor vehicle" shall not mean maintaining the instruments of control
while the motor vehicle is at rest in a shoulder lane or lawfully parked.
(c) "Use" means talking on or listening to a wireless telephone or engaging the
wireless telephone for text messaging or other similar forms of manual data entry or
transmission.
(d) "Wireless telephone" means a telephone that operates without a physical, wireline
connection to the provider's equipment. The term includes, without limitation, cellular and
mobile telephones.
Title 42 - page 317 Regulation of Vehicles and Traffic 42-4-241
(2) A person under eighteen years of age shall not use a wireless telephone while
operating a motor vehicle.
(3) A person eighteen years of age or older shall not use a wireless telephone for the
purpose of engaging in text messaging or other similar forms of manual data entry or
transmission while operating a motor vehicle.
(4) Subsection (2) or (3) of this section shall not apply to a person who is using the
wireless telephone:
(a) To contact a public safety entity; or
(b) During an emergency.
(5) (a) A person who operates a motor vehicle in violation of subsection (2) or (3) of
this section commits a class A traffic infraction as defined in section 42-4-1701 (3), and the
court or the department of revenue shall assess a fine of fifty dollars.
(b) A second or subsequent violation of subsection (2) or (3) of this section shall be a
class A traffic infraction as defined in section 42-4-1701 (3), and the court or the department
of revenue shall assess a fine of one hundred dollars.
(6) (a) An operator of a motor vehicle shall not be cited for a violation of subsection
(2) of this section unless the operator was under eighteen years of age and a law
enforcement officer saw the operator use, as defined in paragraph (c) of subsection (1) of
this section, a wireless telephone.
(b) An operator of a motor vehicle shall not be cited for a violation of subsection (3)
of this section unless the operator was eighteen years of age or older and a law enforcement
officer saw the operator use a wireless telephone for the purpose of engaging in text
messaging or other similar forms of manual data entry or transmission.
(7) The provisions of this section shall not be construed to authorize the seizure and
forfeiture of a wireless telephone, unless otherwise provided by law.
(8) This section does not restrict operation of an amateur radio station by a person who
holds a valid amateur radio operator license issued by the federal communications com-
mission.
(9) The general assembly finds and declares that use of wireless telephones in motor
vehicles is a matter of statewide concern.
Source: L. 2005: Entire section added, p. 267, § 1, effective August 8. L. 2009: Entire
section amended, (HB 09-1094), ch. 375, p. 2043, § 1, effective December 1.
42-4-240. Low-speed electric vehicle equipment requirements. A low-speed electric
vehicle shall conform with applicable federal manufacturing equipment standards. Any
person who operates a low-speed electric vehicle in violation of this section commits a class
B traffic infraction.
Source: L. 2009: Entire section added, (SB 09-075), ch. 418, p. 2325, § 15, effective
August 5.
42-4-241. Unlawful removal of tow-truck signage - unlawful usage of tow-truck
signage. (1) (a) A person, other than a towing carrier or peace officer as described in
section 16-2.5-101, C.R.S., commits the crime of unlawful removal of tow-truck signage if:
(I) A towing carrier has placed a tow-truck warning sign on the driver-side window of
a vehicle to be towed or, if window placement is impracticable, in another location on the
driver-side of the vehicle; and
(II) The vehicle to be towed is within fifty feet of the towing carrier vehicle; and
(III) The person removes the tow-truck warning sign from the vehicle before the tow
is completed.
(b) A person commits the crime of unlawful usage of tow-truck signage if the person
places a tow-truck warning sign on a vehicle when the vehicle is not in the process of being
towed or when the vehicle is occupied.
(c) A towing carrier may permit an owner of the vehicle to be towed to retrieve any
personal items from the vehicle before the vehicle is towed.
42-4-301 Vehicles and Traffic Title 42 -page 318
(2) A person who violates subsection ( 1 ) of this section commits a class 3 misdemeanor.
(3) For purposes of this section, "tow-truck warning sign" means a sign that is at least
eight inches by eight inches, is either yellow or orange, and states the following:
WARNING: This vehicle is in tow. Attempting to operate or operating this vehicle
may result in criminal prosecution and may lead to injury or death to you or
another person.
Source: L. 2011: Entire section added, (SB 11-260), ch. 298, p. 1433, § 2, effective July
1.
Cross references: In 2011, this section was added by the "Allen Rose Tow-truck Safety Act". For
the short title, see section 1 of chapter 298, Session Laws of Colorado 2011.
PART 3
EMISSIONS INSPECTION
42-4-301. Legislative declarations - enactment of enhanced emissions program not
waiver of state right to challenge authority to require specific loaded mode transient
dynamometer technology in automobile emissions testing. (1) The general assembly
hereby finds and declares that sections 42-4-301 to 42-4-316 are enacted pursuant to, and
that the program created by said sections is designed to meet, the requirements of the federal
"Clean Air Act", as amended by the federal "Clean Air Act Amendments of 1990", 42
U.S.C. sec. 7401 et seq., as the same is in effect on November 15, 1990.
(2) (a) The general assembly further finds and declares that:
(I) The provisions of sections 42-4-301 to 42-4-316 related to the enhanced emissions
program are enacted to comply with administrative requirements of rules and regulations of
the federal environmental protection agency;
(II) Insofar as such rules and regulations require the use of loaded mode transient
dynamometer technology utilizing a system commonly known as the IM 240 in motor
vehicle emissions testing, the general assembly finds that reliable scientific data questions
the effectiveness of such technology to measure motor vehicle emissions at the high altitude
of the Denver metropolitan area;
(HI) Less costly automobile emission testing systems may be available which are as
effective or more effective at a lower cost to consumers than the loaded mode transient
dynamometer test required by the federal environmental protection agency.
(b) (I) The general assembly, therefore, declares that the enactment of sections 42-4-
301 to 42-4-316 in no way forecloses or -limits the rights of the general assembly or any
other appropriate entity of the state of Colorado to retain legal counsel as provided by law
to request the federal environmental protection agency to consider alternative automobile
emission inspection technology which may relieve Colorado of the requirements of the
federal rules and regulations or change such rules and regulations to require a different
technology in automobile emissions testing at a substantial savings in cost to consumers and
jobs for Coloradans employed in the testing of motor vehicles for emissions compliance.
(II) If the federal agency refuses to alter its policies related to this issue, the general
assembly hereby declares that it or any other appropriate entity of the state of Colorado does
not waive the right to bring appropriate legal action in a court of competent jurisdiction to
determine the validity of the federal environmental protection agency's authority to require
the use of the loaded mode transient dynamometer test for automobile emissions inspection
commonly known as the IM 240 when such requirement may be in excess of the federal
agency's authority under the federal "Clean Air Act Amendments of 1990".
Source: L. 94: Entire title amended with relocations, p. 2272, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-306.5 as it existed prior to 1994.
Title 42 - page 319 Regulation of Vehicles and Traffic 42-4-304
Cross references: For the "Colorado Air Pollution Prevention and Control Act", see article 7 of
title 25.
42-4-302. Commencement of bask emissions program - authority of commission.
Notwithstanding the provisions of sections 42-4-301 to 42-4-316, if the commission is
unable to implement die basic emissions program by January 1, 1994, the commission by
rule and regulation shall establish the date for the commencement of said program as soon
as practicable after January 1, 1994, and the provisions of sections 42-4-301 to 42-4-316
applicable to the basic emissions program shall be effective on and after the date determined
by the commission by rule and regulation. Until such date, emission inspection activity in
El Paso, Larimer, and Weld counties shall comply with the requirements applicable to
inspection and readjustment stations in sections 42-4-301 to 42-4-316, and El Paso,
Larimer, and Weld counties shall be deemed to continue to be included in the inspection and
readjustment program until implementation of the basic emissions program by the com-
mission pursuant to this section.
Source: L. 94: Entire tide amended with relocations, p. 2273, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-306.6 as it existed prior to 1994.
42-4-303. Sunrise review of registration of repair facilities. (Repealed)
Source: L. 94: Entire tide amended with relocations, p. 2273, § 1, effective January 1,
1995.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 1996. (See
L. 94, p. 2273.)
42-4-304. Definitions relating to automobile inspection and readjustment pro-
gram. As used in sections 42-4-301 to 42-4-316, unless the context otherwise requires:
(1) "AIR program'* or "program" means the automobile inspection and readjustment
program until replaced as provided in sections 42-4-301 to 42-4-316, the basic emissions
program, and the enhanced emissions program established pursuant to sections 42-4-301 to
42-4-316.
(2) "Basic emissions program" means the inspection and readjustment program,
established pursuant to the federal act, in the counties set forth in paragraph (b) of
subsection (20) of this section.
(3) (a) "Certification of emissions control" means one of the following certifications,
to be issued to the owner of a motor vehicle which is subject to the automobile inspection
and readjustment program to indicate the status of inspection requirement compliance of
said vehicle:
(I) "Certification of emissions waiver", indicating that the emissions of other than
chlorofluorocarbons from the vehicle do not comply with the applicable emissions stan-
dards and criteria after inspection, adjustment, and emissions-related repairs in accordance
with section 42-4-310.
(II) "Certification of emissions compliance", indicating that the emissions from said
vehicle comply with applicable emissions and opacity standards and criteria at the time of
inspection or after required adjustments or repairs.
(b) (I) The certification of emissions control will be issued to the vehicle owner at the
time of sale or transfer except as provided in section 42-4-310 (1) (a) (I). The certification
of emissions control will be in effect for twenty-four months for 1982 and newer model
vehicles as defined in section 42-3-106 (4). Except as provided in paragraph (c) of this
subsection (3), 1981 and older model vehicles and all vehicles inspected by the fleet-only
air inspection stations shall be issued certifications of emissions control valid for twelve
months.
42-4-304 Vehicles and Traffic Title 42 - page 320
(II) Except as provided in paragraph (c) of this subsection (3) and in section 42-4-309,
a biennial inspection schedule shall be established for 1982 and newer model vehicles and
an annual schedule shall be established for 1981 and older model vehicles.
(c) Repealed.
(d) Subject to section 42-4-310 (4), the certification of emissions control shall be
obtained by the seller and transferred to the new owner at the time of vehicle sale or transfer.
(e) For purposes of this subsection (3), "sale or transfer" shall not include a change
only in the legal ownership as shown on the vehicle's documents of title, whether for
purposes of refinancing or otherwise, that does not entail a change in the physical
possession or use of the vehicle.
(3.5) "Clean screen program" means the remote sensing system or other emission
profiling system established and operated pursuant to sections 42-4-305 (12), 42-4-306 (23),
42-4-307 (10.5), and 42-4-310 (5).
(4) "Commission" means the air quality control commission, created in section 25-7-
104, C.R.S.
(5) "Contractor" means any person, partnership, entity, or corporation that is awarded
a contract by the state of Colorado through a competitive bid process conducted by the
division in consultation with the executive director and in accordance with the "Procure-
ment Code", articles 101 to 112 of title 24, C.R.S., and section 42-4-306, to provide
inspection services for vehicles required to be inspected pursuant to section 42-4-310 within
the enhanced program area, as set forth in subsection (9) of this section, to operate enhanced
inspection centers necessary to perform inspections, and to operate the clean screen
program within the program area.
(6) "Division" means the division of administration in the department of public health
and environment.
(7) "Emissions inspector" means:
(a) An individual trained and licensed in accordance with section 42-4-308 to inspect
motor vehicles at an inspection-only facility, fleet inspection station, or motor vehicle dealer
test facility subject to the enhanced emissions program set forth in this part 3; or
(b) An individual employed by an enhanced inspection center who is authorized by the
contractor to inspect motor vehicles subject to the enhanced emissions program set forth in
this part 3 and subject to the direction of said contractor.
(8) "Emissions mechanic" means an individual licensed in accordance with section
42-4-308 to inspect and adjust motor vehicles subject to the automobile inspection and
readjustment program until such program is replaced as provided in sections 42-4-301 to
42-4-316 and to the basic emissions program after such replacement.
(8.5) "Enhanced emissions inspection" means a motor vehicle emissions inspection
conducted pursuant to the enhanced emissions program, including a detection of high
emissions by remote sensing, an identification of high emitters, a clean screen inspection,
or an inspection conducted at an enhanced inspection center.
(9) (a) "Enhanced emissions program" means the emissions inspection program es-
tablished pursuant to the federal requirements set forth in the federal performance standards,
40 CFR, part 51, subpart S, in the locations set forth in paragraph (c) of subsection (20) of
this section.
(b) (Deleted by amendment, L. 2009, (SB 09-003), ch. 322, p. 1714, § 1, effective June
1, 2009.)
(10) "Enhanced inspection center" means a strategically located, single- or multi-lane,
high- volume, inspection-only facility operated in the enhanced emissions program area by
a contractor not affiliated with any other automotive-related service, which meets the
requirements of sections 42-4-305 and 42-4-306, which is equipped to enable vehicle
exhaust gas and evaporative and chlorofluorocarbon emissions inspections, and which the
owner or operator is authorized to operate by the executive director as an inspection-only
facility.
(11) "Environmental protection agency" means the federal environmental protection
agency.
(12) "Executive director" means the executive director of the department of revenue or
the designee of such executive director.
Title 42 - page 321 Regulation of Vehicles and Traffic 42-4-304
(13) "Federal act" means the federal "Clean Air Act'*, 42 U.S.C. sec. 7401 et seq., as
in effect on November 15, 1990, and any federal regulation promulgated pursuant to said
act.
(14) "Federal requirements" means regulations of the environmental protection agency
pursuant to the federal act.
(15) "Fleet inspection station" means a facility which meets the requirements of
section 42-4-308, which is equipped to enable appropriate emissions inspections as pre-
scribed by the commission and which the owner or operator is licensed to operate by the
executive director as an inspection station for purposes of emissions testing on vehicles
pursuant to section 42-4-309.
(15.5) Repealed.
(16) "Inspection and readjustment station" means:
(a) Repealed.
(b) (I) A facility within the basic emissions program area as defined in subsection (20)
of this section which meets the requirements of section 42-4-308, which is equipped to
enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and any
necessary adjustments and repairs to be performed, and which facility the owner or operator
is licensed by the executive director to operate as an inspection and readjustment station.
(H) This paragraph (b) is effective January 1, 1994.
(17) (a) "Inspection-only facility" means a facility operated by an independent owner-
operator within the enhanced program area as defined in subsection (20) of this section
which meets the requirements of section 42-4-308 and which is equipped to enable vehicle
exhaust, evaporative, and chlorofluorocarbon emissions inspections and which facility the
operator is licensed to operate by the executive director as an inspection-only facility. Such
inspection-only facility shall be authorized to conduct inspections on model year 1981 and
older vehicles.
(b) This subsection (17) is effective January 1, 1995.
(18) "Motor vehicle", as applicable to the AIR program, includes only a motor vehicle
that is operated with four wheels or more on the ground, self-propelled by a spark-ignited
engine burning gasoline, gasoline blends, gaseous fuel, blends of liquid gasoline and
gaseous fuels, alcohol, alcohol blends, or other similar fuels, having a personal property
classification of A, B, or C pursuant to section 42-3-106, and for which registration in this
state is required for operation on the public roads and highways or which motor vehicle is
owned or operated or both by a nonresident who meets the requirements set forth in section
42-4-310 (1) (c). "Motor vehicle" does not include kit vehicles; vehicles registered
pursuant to section 42-12-301 or 42-3-306 (4); vehicles registered pursuant to section
42-12-401 that are of model year 1975 or earlier or that have two-stroke cycle engines
manufactured prior to 1980; or vehicles registered as street-rods pursuant to section
42-3-201.
(19) (a) "Motor vehicle dealer test facility" means a stationary or mobile facility
which is operated by a state trade association for motor vehicle dealers which is licensed to
operate by the executive director as a motor vehicle dealer test facility to conduct emissions
inspections.
(b) (I) Inspections conducted pursuant to section 42-4-309 (3) by a motor vehicle
dealer test facility shall only be conducted on used motor vehicles inventoried or consigned
in this state for retail sale by a motor vehicle dealer licensed pursuant to article 6 of title 12,
C.R.S., and which is a member of the state trade association operating the motor vehicle
dealer test facility.
(Q) Inspection procedures used by a motor vehicle dealer test facility pursuant to this
paragraph (b) shall include a loaded mode transient dynamometer test cycle in combination
with appropriate idle short tests pursuant to rules and regulations of the commission.
(20) (a) "Program area" means the counties of Adams, Arapahoe, Boulder, Douglas,
El Paso, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and
Denver, excluding the following areas and subject to paragraph (d) of this subsection (20):
(I) That portion of Adams county that is east of Kiowa creek (Range sixty-two west,
townships one, two, and three south) between the Adams-Arapahoe county line and the
Adams-Weld county line;
42-4-304 Vehicles and Traffic Title 42 - page 322
(II) That portion of Arapahoe county that is east of Kiowa creek (Range sixty-two west,
townships four and live south) between the Arapahoe-Elbert county line and the Arapahoe-
Adams county line;
(EI) That portion of El Paso county that is east of the following boundary, defined on
a south-to-north axis: From the El Paso-Pueblo county line north (upstream) along Chico
creek (Ranges 63 and 64 West, Township 17 South) to Hanover road, then east along
Hanover road (El Paso county route 422) to Peyton highway, then north along Peyton
highway (El Paso county route 463) to Falcon highway, men west on Falcon highway (El
Paso county route 405) to Peyton highway, then north on Peyton highway (El Paso county
route 405) to Judge On* road, then west on Judge Orr road (El Paso county route 108) to
Elbert road, then north on Elbert road (El Paso county route 91) to the El Paso-Elbert county
line;
(IV) That portion of Larimer county that is west of the boundary defined on a
north-to-south axis by Range seventy-one west and north of the boundary defined on an
east-to-west axis by township five north, that portion that is west of the boundary defined
on a north-to-south axis by range seventy-three west, and that portion that is north of the
boundary latitudinal line 40 degrees, 42 minutes, 47.1 seconds north;
(V) That portion of Weld county that is north of the boundary defined on an east-to-
west axis by Weld county road 78; that portion that is east of the boundary defined on a
north-to-south axis by Weld county road 43 and north of the boundary defined on an
east-to-west axis by Weld county road 62; that portion that is east of the boundary defined
on a north-to-south axis by Weld county road 49, south of the boundary defined on an
east-to-west axis by Weld county road 62 and north of the boundary defined on an
east-to-west axis by Weld county road 46; that portion that is east of the boundary defined
on a north-to-south axis by Weld county road 27, south of the boundary defined on an
east-to-west axis by Weld county road 46 and north of the boundary defined on an
east-to-west axis by Weld county road 36; that portion that is east of the boundary defined
on a north-to-south axis by Weld county road 19, south of the boundary defined on an
east-to-west axis by Weld county road 36 and north of the boundary defined on an
east-to-west axis by Weld county road 20; and that portion that is east of the boundary
defined on a north-to-south axis by Weld county road 39 and south of the boundary defined
on an east-to-west axis by Weld county road 20.
(b) Effective January 1, 2010, the basic emissions program area shall consist of the
county of El Paso, as described in paragraph (a) of this subsection (20).
(c) (I) Effective January 1, 2010, the enhanced emissions program area shall consist of
the counties of Adams, Arapahoe, Boulder, Douglas, Jefferson, Larimer, and Weld, and the
cities and counties of Broomfield and Denver as described in paragraph (a) of this
subsection (20) and subject to paragraph (d) of this subsection (20). Notwithstanding any
other provision of this section, vehicles registered in the counties of Larimer and Weld shall
not be required to obtain a certificate of emissions control prior to July 1, 2010, in order to
be registered or reregistered.
(II) (Deleted by amendment, L. 2003, p. 1357, 1, effective August 6, 2003.)
(HI) Only those counties included in the basic emissions program area pursuant to
paragraph (b ) of this subsection (20) that violate national ambient air quality standards for
carbon monoxide or ozone as established by the environmental protection agency may, on
a case-by-case basis, be incorporated into the enhanced emissions program by final order of
the commission.
(d) The commission shall review the boundaries of the program area and may, by rule
promulgated on or before December 31, 2011, adjust such boundaries to exclude particu-
larly identified regions from either the basic program area, the enhanced area, or both, based
on an analysis of the applicable air quality science and the effects of the program on the
population living in such regions.
(21) "Registered repair facility or technician" means an automotive repair business
which has registered with the division, agrees to have its emissions-related cost effective-
ness monitored based on inspection data, and is periodically provided performance statistics
for the purpose of improving emissions-related repairs. Specific repair effectiveness infor-
mation shall subsequently be provided to motorists at the time of inspection failure.
Title 42 - page 323 Regulation of Vehicles and Traffic 42-4-305
(22) "State implementation plan" or "SIP" means the plan required by and described
in section 110 (a) of the federal act.
(23) "Technical center" means any facility operated by the division or its designee to
support AIR program activities including but not limited to licensed emissions inspectors or
emissions mechanics, motorists, repair technicians, or small business technical assistance.
(23.5) "Vehicle" means a motor vehicle as defined in subsection (18) of this section.
(24) "Verification of emissions test" means a certificate to be attached to a motor
vehicle's windshield verifying that the vehicle has been issued a valid certification of
emissions control.
Source: L. 94: (17) amended, p. 1647, § 84, effective May 31; (6) amended, p. 2809,
§ 582, effective July 1; entire tide amended with relocations, p. 2274, § 1, effective
January 1, 1995. L. 95: (5) and (9) amended, p. 953, § 8, effective May 25. L. 96: (18)
amended, p. 441, § 6, effective July 1. L. 98: (3Xd) amended, p. 230, § 1, effective April
10; (3.5) added, p. 891, § 1, effective May 26. L. 2001: (5) amended and (8.5) added, p.
1013, § 2, effective June 5. L. 2003: (3)(e) added, p. 1589, § 6, effective May 2; (3Xb)(I)
amended, p. 1602, § 1, effective August 6; (3)(d) amended, p. 2186, § 1, effective August
6; IP(20)(a), (20)(c)(I), and (20)(c)(II) amended and (20)(d) added, p. 1357, § 1, effective
August 6. L. 2005: (3)(b)(I) and (18) amended, p. 1173, § 11, effective August 8. L. 2006:
(15.5) and (23.5) added, p. 1025, § 2, effective July 1; (18) amended, p. 1411, § 2, effective
July 1, 2007. L. 2009: (2), (3)(c), (9), (18), and (20) amended, (SB 09-003), ch. 322, p.
1714, § 1, effective June 1. L. 2010: (18) amended, (SB 10-212), ch. 412, p. 2038, § 17,
effective July 1. L. 2011: (3)(c) repealed and (18) amended, (SB 11-031), ch. 86, p. 245,
§§ 8, 9, effective August 10. L. 2012: (15.5) repealed, (SB 12-034), ch. 107, p. 363, § 2,
effective August 8.
Editor's note: (1) This section is similar to former § 42-4-307 as it existed prior to 1994.
(2) Subsection (17) was originally numbered as § 42-4-307 (16.5), and the amendments to it in
Senate Bill 94-206 were harmonized with Senate Bill 94-001; amendments to subsection (6) in House
Bill 94-1029 were harmonized with Senate Bill 94-001.
(3) Subsection ( 16)(a)(H)(C) provided for the repeal of subsection (16)(a), effective July 1, 1995.
(See L. 94, p. 2274.)
Cross references: For the legislative declaration contained in the 2001 act amending subsection (5)
and enacting subsection (8.5), see section 1 of chapter 278, Session Laws of Colorado 2001. For the
legislative declaration contained in the 2006 act enacting subsections (15.5) and (23.5), see section 1
of chapter 225, Session Laws of Colorado 2006.
42-4-305. Powers and duties of executive director - automobile inspection and
readjustment program - bask emissions program - enhanced emissions program -
clean screen program - rules. (1 ) (a) The executive director is authorized to issue, deny,
cancel, suspend, or revoke licenses for, and shall furnish instructions to, inspection and
readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle
dealer test facilities, and enhanced inspection centers. The executive director shall provide
all necessary forms for inspection and readjustment stations, inspection-only facilities, and
fleet inspection stations. Motor vehicle dealer test facilities and enhanced inspection centers
shall purchase necessary inspection forms from the vendor or vendors identified by the
executive director. Said inspection and readjustment stations, inspection-only facilities, fleet
inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers
shall be responsible for the issuance of certifications of emissions control. The executive
director is authorized to furnish forms and instructions and issue or deny licenses to, or
cancel, suspend, or revoke licenses of, emissions inspectors and emissions mechanics. The
initial biennial fee for an inspection and readjustment station license, an inspection-only
facility license, a fleet inspection station license, a motor vehicle dealer test facility license,
and an enhanced inspection center authorization shall be thirty-five dollars, and the biennial
renewal fee shall be twenty dollars. The initial biennial fee for issuance of an emissions
inspector license or an emissions mechanic license shall be fifteen dollars, and the biennial
renewal fee shall be ten dollars. The fee for each transfer of an emissions inspector license
42-4-305 Vehicles and Traffic Title 42 - page 324
or an emissions mechanic license shall be ten dollars. The moneys received from such fees
shall be deposited to the credit of the AIR account in the highway users tax fund, and such
moneys shall be expended by the department of revenue only for the administration of the
inspection and readjustment program upon appropriation by the general assembly.
(b) Notwithstanding the amount specified for any fee in paragraph (a) of this subsection
(1), the executive director of the department by rule or as otherwise provided by law may
reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3),
C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one
or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently
reduced, the executive director of the department by rule or as otherwise provided by law
may increase the amount of one or more of the fees as provided in section 24-75-402 (4),
C.R.S.
(2) The executive director shall supervise the activities of licensed inspection and
readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle
dealer test facilities, authorized enhanced inspection centers, licensed emissions inspectors,
and licensed emissions mechanics and shall cause inspections to be made of such stations,
facilities, centers, inspectors, and mechanics and appropriate records for compliance with
licensing requirements.
(3) The executive director shall require the surrender of any license issued under
section 42-4-308 upon cancellation, suspension, or revocation action taken for a violation
of any of the provisions of sections 42-4-301 to 42-4-316 or of any of the regulations
promulgated pursuant thereto. In any such actions affecting licenses, the executive director
may conduct hearings as a result of which such action is to be taken. Any such hearing may
be conducted by a hearing officer appointed at the request of the executive director in
accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S.,
which shall govern the conduct of such hearings and action on said licenses, except as
provided in section 42-4-312 (4).
(4) The executive director shall promulgate rules and regulations consistent with those
of the commission for the administration and operation of inspection and readjustment
stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test
facilities, and enhanced inspection centers and for the issuance, identification, and use of
certifications of emissions control and shall promulgate such rules and regulations as may
be necessary to the effectiveness of the automobile inspection and readjustment program.
(5) The executive director shall promulgate rules and regulations which require that
each licensed inspection and readjustment station, inspection-only facility, or enhanced
inspection center post in a clearly legible fashion in a conspicuous place in such station,
facility, or center the fee charged by such station, facility, or center for performing an
emissions inspection and, within the basic program area, the fee charged by any such
inspection and readjustment station for performing the adjustments and any repairs required
for the issuance of a certification of emissions waiver.
(6) (a) The executive director shall promulgate such rules and regulations as may be
necessary to implement an ongoing quality assurance program to discover, correct, and
prevent fraud, waste, and abuse and to determine whether proper procedures are being
followed, whether the emissions test equipment is calibrated as specified, and whether other
problems exist which would impede the success of the program.
(b) (I) The department shall conduct overt performance audits as follows:
(A) At least twice per year at each inspection and readjustment station, inspection-only
facility, and motor vehicle dealer test facility;
(B) At least twice per year at each fleet inspection station;
(C) At least twice per year for each test lane at each enhanced inspection center.
(II) In addition to regularly scheduled overt performance audits, the department may
perform additional risk-based overt performance audits for stations and facilities employing
inspectors or mechanics suspected of violating rules as a result of an audit, data analysis,
or consumer complaint.
(c) (I) The department shall conduct covert audits using unmarked motor vehicles at
least once per year per number of inspectors at each inspection-only facility and enhanced
inspection center;
Title 42 - page 325 Regulation of Vehicles and Traffic 42-4-305
(II) In addition to regularly scheduled covert audits, the department may perform
additional risk-based covert audits for stations and facilities employing inspectors or
mechanics suspected of violating rules as a result of an audit, data analysis, or consumer
complaint.
(d) Record audits to review the performance of inspection-only facilities, motor vehicle
dealer test facilities, and enhanced inspection centers, including compliance with record-
keeping and reporting requirements, shall be performed on a monthly basis.
(e) (I) The department shall perform equipment audits to verify quality control and
calibration of the required test equipment as follows:
(A) At least twice per year at each inspection and readjustment station;
(B) At least twice per year on each test lane at each inspection-only facility, motor
vehicle dealer test facility, and enhanced inspection center, to be performed contempora-
neously with the overt performance audit;
(C) At least twice per year at each fleet inspection station.
(II) In addition to regularly scheduled equipment audits, the department may perform
additional risk-based equipment audits for stations and facilities employing inspectors or
mechanics suspected of violating rules as a result of an audit, data analysis, or consumer
complaint.
(f) The executive director shall transfer quality assurance activity results to the depart-
ment of public health and environment at least quarterly.
(7) The executive director shall implement and enforce the emissions test requirements
as prescribed in section 42-4-310 by utilizing a registration denial-based enforcement
program as required in the federal act including an electronic data transfer of inspection data
through the use of a computer modem or similar technology for vehicle registration and
program enforcement purposes. All inspection data generated at licensed inspection and
readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle
dealer test facilities, and enhanced inspection centers shall be provided to the department of
public health and environment on a timely basis.
(8) The executive director shall, by regulation, establish a method for the owners of
motor vehicles which are exempt pursuant to section 42-4-304 (20) from the AIR program
to establish their entitlement to such exemption. No additional fee or charge for establishing
entitlement to such exemption shall be collected by the department.
(9) The executive director shall be responsible for the issuance of certifications of
emissions waiver as prescribed by section 42-4-310 and shall be responsible for the
resolution of all formal public complaints concerning test results or test requirements in the
most convenient and cost-effective manner possible.
(10) (a) The executive director and the department of public health and environment
are authorized to enter into a contract or service agreement with a contractor to provide
inspection services at enhanced inspection centers for vehicles within the enhanced program
area required to be inspected pursuant to section 42-4-310. Any such contract or service
agreement shall include such terms and conditions as are necessary to ensure that the
contractor shall operate enhanced inspection centers in accordance with the requirements of
this article and the federal act, shall include provisions establishing liquidated damages and
penalties for failure to comply with the terms and conditions of the contract, and shall be
in accordance with regulations adopted by the commission and the department of revenue.
Any such contract or service agreement shall include provisions specifying that inspection
and readjustment stations, inspection-only facilities, fleet inspection stations, and motor
vehicle dealer test facilities shall have complete access to electronic data transfer of
inspection data through computer services of the contractor at a cost equal to that of
enhanced inspection centers.
(b) Upon the approval of the executive director and the department of public health and
environment, the contractor shall provide inspection services for vehicles within the
enhanced program area required to be inspected pursuant to section 42-4-310.
(11) The executive director shall report to the transportation legislation review com-
mittee annually on the effectiveness of the quality assurance and enforcement measures
contained in this section, the overall motorist compliance rates with inspections for
registration denial, and the status of state implementation plan compliance pertaining to
42-4-306 Vehicles and Traffic Title 42 - page 326
quality assurance. This annual report shall be submitted to the commission in May of each
year for incorporation into appropriate annual and biennial reporting requirements. Reports
shall cover the previous calendar year.
(12) The executive director shall promulgate such rules consistent with those of the
commission as may be necessary for implementation, enforcement, and quality assurance
and for procedures and policies that allow data collected from the clean screen program to
be matched with vehicle ownership information and for such information to be transferred
to county clerks and recorders. Such rules shall set forth the procedures for the executive
director to inform county clerks and recorders of the emission inspection status of vehicles
up for registration renewal.
Source: L. 94: (6)(f), (7), and (10) amended, p. 2809, § 583, effective July 1, 1994;
entire title amended with relocations, p. 2280, § 1, effective January 1, 1995. L. 98: (12)
added, p. 891, § 2, effective May 26; (1) amended, p. 1358, § 112, effective June 1.
L. 2002: (11) amended, p. 870, § 4, effective August 7. L. 2012: (6)(b), (6)(c), and (6)(e)
amended, (SB 12-012), ch. 164, p. 574, § 1, effective July 1.
Editor's note: (1) This section is similar to former § 42-4-308 as it existed prior to 1994.
(2) Amendments to subsections (6)(f), (7), and (10) by House Bill 94-1029 were harmonized with
Senate Bill 94-001.
(3) Section 3 of chapter 164, Session Laws of Colorado 2012, provides that the act amending
subsections (6)(b), (6)(c), and (6)(e) applies to inspections occurring on or after July 1, 2012.
42-4-306. Powers and duties of commission - automobile inspection and readjust-
ment program - basic emissions program - enhanced emissions program - clean screen
program. (1) The commission shall develop and evaluate motor vehicle inspection and
readjustment programs for the enhanced program area and basic program area and may
promulgate such regulations as may be necessary to implement and maintain the necessary
performance of said programs consistent with the federal act.
(2) The commission shall develop and formulate training and qualification programs
for state-employed motor vehicle emissions compliance officers to include annual auditor
proficiency evaluations.
(3) (a) (I) (A) The commission shall promulgate rules and regulations for the training,
testing, and licensing of emissions inspectors and emissions mechanics and the licensing of
inspection and readjustment stations, inspection-only facilities, fleet inspection stations,
motor vehicle dealer test facilities, and the authorization of enhanced inspection centers; the
standards and specifications for the approval, operation, calibration, and certification of
exhaust gas and evaporative emissions measuring instrumentation or test analyzer systems;
and the procedures and practices to ensure the proper performance of inspections, adjust-
ments, and required repairs.
(B) Specifications adopted by the commission for exhaust gas measuring instrumenta-
tion in the program areas shall conform to the federal act and federal requirements,
including electronic data transfer, and may include bar code capabilities.
(C) Upon the adoption of specifications for measuring instruments and test analyzer
systems, the division in consultation with the executive director may let bids for the
procurement of instruments that meet federal requirements or guidelines and the standards
of the federal act. The invitation for bids for test analyzer systems for the basic program and
the inspection-only facilities in the enhanced program shall include, but shall not be limited
to, the requirements for data collection and electronic transfer of data as established by the
commission, service and maintenance requirements for such instruments for the period of
the contract, requirements for replacement or loan instruments in the event that the
purchased or leased instruments do not function, and the initial purchase or lease price. On
and after June 5, 2001, each contract for the purchase of such instruments shall have a term
of no more than four years.
(II) Points of no greater than five percent shall be assigned to those respondents that
make the greatest use of Colorado goods, services, and the participation of small business.
Licensed inspection and readjustment stations, inspection-only facilities, fleet inspection
Tide 42 -page 327 Regulation of Vehicles and Traffic 42-4-306
stations, and motor vehicle dealer test facilities, if applicable, which are required to
purchase commission-approved test analyzer systems shall purchase them pursuant to the
bid procedure of the department of personnel.
(III) Mobile test analyzer systems for motor vehicle dealer test facilities shall comply
with commission specifications developed pursuant to subparagraph (I) of this paragraph
(a).
(b) (I) For the enhanced emissions program, the commission shall develop system
design standards, performance standards, and contractor requirements. Upon the adoption
of such criteria, the division in consultation with the executive director may, according to
procedures and protocol established in the ''Procurement Code**, articles 101 to 112 of title
24, C.R.S., enter into a contract for the design, construction, equipment, maintenance, and
operation of enhanced inspection centers to serve affected motorists. The criteria for the
award of such contract shall include, but shall not be limited to, such criteria as the
contractor's qualifications and experience in providing emissions inspection services,
financial and personnel resources available for start-up, technical or management expertise,
and capacity to satisfy such requirements for the life of the contract.
(II) Inspection procedures, equipment calibration and maintenance, and data storage
and transfer shall comply with federal requirements and may include bar code capability.
Hie system shall provide reasonable convenience to the public.
(HI) Points of no greater than five percent shall be assigned to those respondents who
make the greatest use of Colorado goods, services, and participation of small businesses.
(IV) On and after May 26, 1998, any contract for inspection services shall have a term
of no more than five years and shall be subject to rebidding under the provisions of this
paragraph (b).
(V) (A) Notwithstanding any contrary provision in the "Procurement Code'*, articles
101 to 112 of title 24, C.R.S., or this article, any contract for inspection services may be
renewed for a term not to exceed two years, after which the contract may be renewed for
a single term of up to four years or rebid; except that inspection fees during any such
four-year renewal contract shall be as determined under section 42-4-311 (6).
(B) The commission shall have rule-making authority to implement any environmental
protection agency-approved alternative emissions inspection services or technologies,
including on-board diagnostics, so long as such inspection technologies provide SIP credits
equal to or greater than those currently in the SIP.
(4) (a) The commission shall develop a program to train and examine all applicants for
an emissions inspector or emissions mechanic license. Training of emissions inspectors who
are employed at enhanced inspection centers within the enhanced emissions program area
shall be administered by the contractor subject to the commission's oversight Emissions
mechanic training shall be performed by instructors certified in accordance with commis-
sion requirements. Training classes shall be funded by tuition charged to the participants
unless private or federal funds are available for such training. The qualifications and
licensing examination for emissions inspectors, excluding such inspectors at enhanced
inspection centers, who shall be authorized by and under the direction of the contractor,
shall include a test of the applicant's knowledge of the technical and legal requirements for
emissions testing, knowledge of data and emissions testing systems, and an actual demon-
stration of the applicant's ability to perform emissions inspection procedures.
(b) Emissions inspector and emissions mechanic licenses shall expire two years after
issuance. The commission shall establish technical standards for renewing emissions
inspector and emissions mechanic licenses to include requirements for retraining on a
biennial schedule.
(c) The commission shall establish minimum performance criteria for licensed emis-
sions inspectors and emissions mechanics.
(5) The commission shall perform its duties, as provided in sections 42-4-301 to
42-4-316, with the cooperation and aid of the division.
(6) (a) The commission shall develop and adopt, and may from time to time revise,
regulations providing inspection procedures for detection of tampering with emissions-
related equipment and on-board diagnostic systems and emissions standards for vehicle
exhaust and evaporative gases, the detection of chlorofluorocarbons, and smoke opacity, as
42-4-306 Vehicles and Traffic Title 42 - page 328
prescribed in section 42-4-412, with which emissions standards vehicles inspected in
accordance with section 42-4-310 would be required to comply prior to issuance of
certification of emissions compliance. Such inspection procedures and emissions standards
shall be proven cost-effective and air pollution control-effective on the basis of detailed
research conducted by the department of public health and environment in accordance with
section 25-7-130, C.R.S., and shall be designed to assure compliance with the federal act,
federal requirements, and the state implementation plan. Emissions standards shall be
established for carbon monoxide, exhaust and evaporative hydrocarbons, oxides of nitro-
gen, and chlorofluorocarbons.
(b) (I) The commission shall adopt regulations which provide standards for motor
vehicles and shall adopt by December 1 of each subsequent year standards for motor
vehicles of one additional model year.
(II) Standards for carbon monoxide, exhaust and evaporative hydrocarbons, and oxides
of nitrogen shall be no more stringent than those established pursuant to the federal act and
federal requirements. The cut-points established for such standards prior to December 1,
1998, shall not be increased until on or after January 1, 2000.
(c) The commission shall recommend to the general assembly no later than December
1, 1998, adjustment or repair procedures to be followed for motor vehicles of the model
year 1984 or a later model year which do not meet the applicable emissions standards.
Notwithstanding the provisions of subsection (7) of this section, such recommended
procedures may require the replacement or repair of emissions control components of such
motor vehicles.
(d) Test procedures may authorize emissions inspectors or emissions mechanics to
refuse testing Of a vehicle that would be unsafe to test or that cannot physically be inspected,
as specified by the commission; except that refusal to test a vehicle for such reasons shall
not excuse or exempt such vehicle from compliance with all applicable requirements of this
part 3.
(7) (a) The commission shall by regulation require the owner of a motor vehicle for
which a certification of emissions control is required to obtain such certification. Such
regulation shall provide:
(I) That a certification of emissions compliance be issued for the vehicle if, at the time
of inspection or, after completion of required adjustments or repairs, the exhaust and
evaporative gases and visible emissions from said vehicle comply with the applicable
emissions standards adopted pursuant to subsection (6) of this section, and that applicable
emissions control equipment and diagnostic systems are intact and operable, and, for model
year 1995 and later vehicles, compliance with each applicable emissions-related recall
campaign, or remedial action, as defined by the federal act, has been demonstrated.
(II) (A) That a certification of emissions waiver be issued for the motor vehicle if, at
the time of inspection, the exhaust gas or evaporative emissions from said vehicle do not
comply with the applicable emissions standards but said vehicle is adjusted or repaired by
a registered repair technician or at a registered repair facility within the enhanced program
area, or at a licensed inspection and repair station within the basic program area, whichever
is appropriate, to motor vehicle manufacturer specifications and repair procedures as
provided by regulation of the commission.
(B) Such specifications shall require that such motor vehicles be retested for exhaust
gas emissions and evaporative emissions, if applicable, after such adjustments or repairs are
performed, but, except as provided in section 42-4-310 (1) (d), no motor vehicle shall be
required to receive additional repairs, maintenance, or adjustments beyond such specifica-
tions or repairs following such retest as a condition for issuance of a certification of
emissions waiver.
(C) A time extension not to exceed the period of one inspection cycle may be granted
in accordance with commission regulation to obtain needed repairs on a vehicle in the case
of economic hardship when waiver requirements pursuant to commission regulation have
not been met, but such extension may be granted only once per vehicle.
(D) Notwithstanding any provisions of this section, a temporary certificate of emissions
control may be issued by state AIR program personnel for vehicles required to be repaired,
if such repairs are delayed due to unavailability of needed parts.
Title 42 -page 329 Regulation of Vehicles and Traffic 42-4-306
(E) The results of the initial test, retests, and final test shall be given to the owner of the
motor vehicle.
(F) The issuance of temporary certificates shall be entered into the main computer data
base for the AIR program through the use of electronic records.
(G) The commission is authorized to reduce the emissions-related repair expenditure
limit established in section 42-4-310 (1) (d) (HI) for hydrocarbons and oxides of nitrogen
if applicable federal requirements are met, and the environmental protection agency has
approved a maintenance plan submitted by the state to ensure continued compliance with
such federal requirements.
(b) (I) The commission shall by regulation provide that no vehicle shall be issued a
certificate of emissions compliance or waiver if emissions control equipment and diagnostic
or malfunction indicator systems, including microprocessor control systems, are not pres-
ent, intact, and operational, if repairs were not appropriate and did not address the reason
for the emissions failure, or if the vehicle emits visible smoke.
(II) The commission shall provide by regulation that no model year 1995 or later
vehicle shall be issued a certificate of emissions control unless compliance with each
applicable emissions-related recall campaign or remedial action, as denned in the federal
act, has been demonstrated.
(8) (a) The commission may exempt motor vehicles of any make, model, or model
year from the periodic inspection requirements of section 42-4-310.
(b) Pursuant to section 42-4-310 (1), the commission may increase the effective
duration of certifications of emissions compliance issued for new motor vehicles without
inspection.
(9) (a) (I) The commission shall continuously evaluate the entire AIR program to
ensure compliance with the state implementation plan and federal law. Such evaluation shall
be based on continuing research conducted by the department of public health and
environment in accordance with section 25-7-130, C.R.S. Such evaluation shall include
assessments of the cost-effectiveness and air pollution control-effectiveness of the program.
(II) The commission shall establish on a case-by-case basis and pursuant to final order
any area of a county included in the basic emissions program area pursuant to section
42-4-304 (2) which shall be incorporated into the enhanced emissions program because it
violates national ambient air quality standards on or after January 1, 1996, as established by
the environmental protection agency.
(b) Such evaluation shall include a determination of the number of motor vehicles that
fail to meet the applicable emissions standards after the adjustments and repairs required by
subsection (7) of this section are made. If the commission finds that a significant number
of motor vehicles do not meet the applicable emissions standards after such adjustments or
repairs are made, the commission shall develop recommendations designed to improve the
air pollution control-effectiveness of the program in a cost-effective manner.
(c) The evaluation shall also include an assessment of the methods of controlling or
reducing exhaust gas emissions from motor vehicles of the model year 1981 or a later model
year that are equipped with microprocessor-based emissions control systems and on-board
diagnostic systems. Such evaluation shall include, if necessary for such motor vehicles, the
development of more accurate alternative procedures to include the adjustments and repairs
specified in subparagraph (II) of paragraph (a) of subsection (7) of this section, and such
alternative procedures may require the replacement of inoperative or malfunctioning
emissions control components. Such alternative procedures shall be designed to achieve
control of emissions from such motor vehicles which is equivalent to or greater than the
control performance level provided by performance standards established pursuant to the
federal act.
(d) Such evaluation shall also include an annual assessment of in-use vehicle emissions
performance levels by random testing of a representative sample of at least one-tenth of one
percent of the vehicles subject to the enhanced emissions program requirements.
(10) The commission shall develop and implement, and shall revise as necessary,
inspection procedures to detect tampering, poor maintenance, mis-fueling, and contamina-
tion of emissions control systems to include proper operation of on-board diagnostic
42-4-306 Vehicles and Traffic Title 42 - page 330
(11) (a) The commission, with the cooperation of the department of public health and
environment, the department of revenue, the contractor, and the owners or operators of the
inspection and readjustment stations, inspection-only facilities, and motor vehicle dealer
test facilities, shall implement an ongoing project designed to inform the public concerning
the operation of the program and the benefits to be derived from such program.
(b) (I) The commission shall, as part of such project and with the cooperation of the
department of public health and environment, the department of revenue, the contractor, and
the owners or operators of the inspection and readjustment stations and inspection-only
facilities prepare and cause the distribution of consumer protection information for the
benefit of the owners of vehicles required to be inspected pursuant to section 42-4-310.
(11) This information shall include an explanation of the program, the owner' s respon-
sibilities under the program, the procedures to be followed in performing the inspection, the
adjustments and repairs required for vehicles to pass inspection, cost expenditure limits
pursuant to section 42-4-310 (1) (d) for such adjustments or repairs, the availability of
diagnostic information to aid repairs, and a listing of registered repair facilities and
technicians, and the package may include information on other aspects of the program as
the commission determines to be appropriate.
(c) In addition to distribution of such information, the commission shall actively seek
the assistance of the electronic and print media in communicating such information to the
public and shall utilize such other means and manners of disseminating the information as
are likely to effectuate the purpose of the program.
(12) (a) The commission, with the cooperation of the executive director of the depart-
ment of public health and environment, shall conduct or cause to be conducted research
concerning the presence of pollutants in the ambient air, which research shall include
continuous monitoring of ambient air quality and modeling of sources concerning their
impacts on air quality. Such research shall identify pollutants in the ambient air which
originate from motor vehicle exhaust gas emissions and shall identify, quantify, and
evaluate the ambient air quality benefit derived from the automobile inspection and
readjustment program, from the federal new motor vehicle exhaust emissions standards, and
from changes in vehicle miles traveled due to economic or other factors. Each such
evaluation shall be reported separately to assess the air pollution control-effectiveness and
cost-effectiveness of the pollution control strategy.
(b) (I) The commission with the cooperation of the department of public health and
environment shall cause to be conducted a pilot study of the feasibility and costs of
implementing remote sensing emissions detection technology as a potential supplemental
maintenance strategy for areas that have attained applicable standards. This pilot study shall
be conducted in the metropolitan Greeley, Weld county area with results and recommen-
dations to be made available in January, 1998.
(II) The executive director of the department of public health and environment is
authorized to enter into an agreement with a contractor in accordance with section 42-4-307
(10) (a) for the purchase of equipment and any assistance necessary for this study.
(13) The commission shall identify vehicle populations contributing significantly to
ambient pollution inventories utilizing mobile source computer models approved by the
environmental protection agency. The commission shall develop and implement more
stringent or frequent, or both, inspection criteria for those vehicles with such significant
pollution contributions.
(14) (a) Consistent with section 42-4-305, the commission shall promulgate technical
rules and regulations governing quality control and audit procedures to be performed by the
department of revenue as provided in section 42-4-305. Such regulations shall address all
technical aspects of program oversight and quality assurance to include covert and overt
performance audits and state implementation plan compliance.
(b) To ensure compliance with the state implementation plan and federal requirements
the commission shall promulgate technical rules and regulations to address motor vehicle
fleet and motor vehicle dealer inspection protocol and quality control and audit procedures.
(15) The commission shall provide for additional enforcement of the inspection pro-
grams by encouraging the adoption of local ordinances and active participation by local law
Title 42 - page 331 Regulation of Vehicles and Traffic 42-4-306
enforcement personnel, parking control, and code enforcement officers against vehicles
suspected to be out of compliance with inspection requirements.
(16) (a) (I) The commission shall promulgate rules and regulations governing the
issuance of emissions-related repair waivers consistent with section 42-4-310.
(II) Within the enhanced program area waivers shall only be issued by authorized state
personnel and enhanced inspection center personnel specifically authorized by the executive
director.
(b) The issuance of all waivers shall be controlled and accountable to the main
computer database for the AIR program by electronic record to ensure that maximum
allowable waiver rate limits for both program types, as defined by the federal act, are not
exceeded.
(17) For the enhanced emissions program, the commission shall promulgate rules and
regulations establishing a network of enhanced inspection centers and inspection-only
facilities within the enhanced emissions program area consistent with the following:
(a) (I) Owners, operators, and employees of enhanced inspection centers and indepen-
dent inspection-only facilities within the enhanced program area are prohibited from
engaging in any motor vehicle repair, service, parts sales, or the sale or leasing of motor
vehicles and are prohibited from referring vehicle owners to particular providers of motor
vehicle repair services; except that minor repair of components damaged by center or
facility personnel during inspection at the center or facility, such as the reconnection of
hoses, vacuum lines, or other measures pursuant to commission regulation that require no
more than five minutes to complete, may be undertaken at no charge to the vehicle owner
or operator if authorized.
(II) The operation of a motor vehicle dealer test facility shall not be considered to be
engaging in any motor vehicle repair service, parts sales, or the sale or leasing of motor
vehicles by a member of the state trade association operating such motor vehicle dealer test
facility.
(b) Owners, operators, and employees of enhanced inspection centers shall ensure
motorists and other affected parties reasonable convenience. Inspection services shall be
available prior to, during, and after normal business hours on weekdays, and at least five
hours on a weekend day.
(c) Owners, operators, and employees of enhanced inspection centers shall take appro-
priate actions, such as opening additional lanes, to avoid exceeding average motorist wait
times of greater than fifteen minutes by designing optimized single- or multi-lane high-
volume throughput systems.
(d) Owners or operators of enhanced inspection centers may develop, and are encour-
aged to develop, and implement alternate strategies including but not limited to off-peak
pricing to reduce end-of-the-month wait times.
(e) The network of enhanced inspection centers shall be located to provide adequate
coverage and convenience. At a minimum, the number of enhanced inspection centers shall
be equivalent to the network that existed on January 1, 2000, and the hours of operation
shall be determined by the contract.
(f) Within the enhanced emissions program area the commission shall provide for the
operation of licensed inspection-only facilities. Applicable facility and inspector licensing,
inspection procedures, and criteria shall be pursuant to rule and regulation of the commis-
sion and compliance with federal requirements. Inspection-only facilities shall be autho-
rized to provide inspection services for all classes of motor vehicles as defined in section
42-4-304 (18) of the model year 1981 and older. Inspection-only owners or operators, or
both, shall comply with paragraph (a) of this subsection (17).
(18) For the basic emissions program, inspection stations within the basic emissions
program area which are licensed in accordance with section 42-4-308 may conduct
inspections or provide motor vehicle repairs as well as offer emissions inspection services.
(19) The commission shall give at least sixty days' notice to the executive director prior
to conducting any rule-making hearing pursuant to this article, except where the commis-
sion finds that an emergency exists under section 24-4-103 (6), C.R.S. The executive
director shall participate as a party in any such hearing. Prior to promulgating any rule under
42-4-306 Vehicles and Traffic Title 42 - page 332
this article, the commission shall consider the potential budgetary and personnel impacts
any such rule may have on the department of revenue.
(20) (a) The commission shall develop and maintain a small business technical assis-
tance program through the automobile inspection and repair program to provide information
and to aid automotive businesses and technicians. As an element of this program, the
commission shall develop a voluntary program for the training of registered repair techni-
cians, to be funded by tuition charged to the participants, unless federal or private funds are
made available for such training.
(b) For the enhanced emissions program, the commission shall provide for the volun-
tary registration of repair facilities and repair technicians within the enhanced emissions
program area. Emissions-related repair effectiveness shall be monitored and periodically
reported to participating facilities and technicians. Technical assistance shall be provided to
those repair technicians and repair facilities needing improvement in repair effectiveness.
The commission shall require that emissions-related repair effectiveness information re-
garding registered repair facilities be made available to the public.
(21) (a) The commission shall investigate and develop other supplemental or alterna-
tive motor vehicle related emissions reduction strategies, including but not limited to "cash
for clunkers**, which may complement or enhance the performance of the AIR program.
Such strategies must be creditable under the state implementation plan and be proven
cost-effective.
(b) (Deleted by amendment, L. 2002, p. 870, § 5, effective August 7, 2002.)
(22) The commission shall develop rules and regulations with respect to emissions
inspection procedures and standards of motor vehicles which operate on alternative motor
fuels including but not limited to compressed natural gas, liquid petroleum gas, methanol,
and ethanol. Such rules and regulations shall be developed for both the basic emissions
program and the enhanced emissions program. The commission shall evaluate whether dual
fuel motor vehicles should be inspected on both fuels and whether such vehicles shall be
charged for one or two inspections.
(23) (a) The commission shall promulgate rules governing the operation of the clean
screen program. Such rules shall authorize the division to commence the clean screen
program in the basic emissions program area commencing as expeditiously as possible.
Such rules shall authorize the division to extend, if feasible, the clean screen program to
other parts of the state upon request of the lead air quality planning agencies for each
respective area. Such rules shall govern operation of the clean screen program pursuant to
the contract or service agreement entered into under section 42-4-307 (10.5). Such rules
shall determine the percentage of the vehicle fleet targeted for the clean screen program,
which percentage shall develop a target of the eligible vehicle fleet that meets air quality
needs. Such rules shall specify emission levels for vehicles in the same manner as for other
vehicles in the emissions program. The commission may, upon written request of the Pikes
Peak area council of governments, exclude the El Paso county portion of the basic
emissions program area from the clean screen program if the department of public health
and environment receives written notification from the Pikes Peak area council of govern-
ments to such effect by June 1, 2001.
(b) The rules promulgated pursuant to paragraph (a) of this subsection (23) may also
authorize the division to commence the clean screen program in the enhanced emissions
program area commencing January 1, 2002, or as soon thereafter as is practical. The clean
screen program may be implemented in the enhanced emissions program area only if the
commission makes such a determination on or after July 1, 2001.
Source: L. 94: (17)(f) amended, p. 1647, § 85, effective May 31; (6), (9)(a)(I), (ll)(a),
(ll)(b)(I), and (12) amended, p. 2810, § 584, effective July 1; entire title amended with
relocations, p. 2283, § 1, effective January 1, 1995. L. 95: (ll)(b)(II) amended, p. 954,
§ 9, effective May 25; (3)(a)(H) amended, p. 667, § 108, effective July 1. L. 98:
(3)(a)(I)(C), (3)(b)(IV), and (6)(b)(II) amended and (23) added, p. 892, § 3, effective May
26. L. 2001: (3)(a)(I)(C), (3)(b)(I), (17)(e), and (23) amended and (3)(b)(V) added, p.
1013, § 3, effective June 5. L. 2002: (9)(a)(I), (9)(b), (9)(c), and (21)(b) amended, p. 870,
§ 5, effective August 7. L. 2003: (8) amended, p. 1602, § 2, effective August 6.
Title 42 -page 333 Regulation of Vehicles and Traffic 42-4-307
Editor's note: (1) This section is similar to former § 42-4-309 as it existed prior to 1994.
(2) Amendments to subsections (6), (9)(a)(I), (H)(a), (ll)(b)(I), and (12) by House Bill 94-1029
and amendments to subsection (17)(f) by Senate Bill 94-206 were harmonized with Senate Bill
94-001.
Cross references: For the legislative declaration contained in the 2001 act amending subsections
(3)(a)(I)(C), (3)(b)(I), (17)(e), and (23) and enacting subsection (3)(b)(V), see section 1 of chapter
278, Session Laws of Colorado 2001.
42-4-307. Powers and duties of the department of public health and environment
- division of administration - automobile inspection and readjustment program - bask
emissions program - enhanced emissions program - clean screen program. (1) The
division shall establish and provide for the operation of a system, which may include a
telephone answering service, to answer questions concerning the automobile inspection and
readjustment programs from emissions inspectors, emissions mechanics, repair technicians,
and the public.
(2) The division shall administer the licensing test for emissions inspectors, except for
such inspectors at enhanced inspection centers, and emissions mechanics and shall oversee
training.
(3) The division shall establish and operate such technical or administrative centers as
may be necessary for the proper administration and ongoing support of the automobile
inspection and readjustment program, for enhanced inspection centers, for the small
business technical assistance program, and for the state smoking vehicle programs provided
for in sections 42-4-412 to 42-4-414, and for affected motorists. The division is authorized
to enter into a contract or service agreement in accordance with paragraph (a) of subsection
(10) of this section for this purpose.
(4) The division shall develop and recommend to the commission, as necessary, vehicle
emissions inspection procedure requirements to ensure compliance with the state imple-
mentation plan and the federal act.
(5) The division shall identify and recommend to the commission, as necessary,
revisions to vehicle eligibility and the schedule of inspection frequency.
(6) (a) (I) The division shall administer, in accordance with federal requirements, the
on-road remote sensing program.
(II) Pursuant to commission rule and based on confirmatory tests at an emissions
technical center or emissions inspection facility that identify such vehicles as exceeding
applicable emissions standards, off-cycle repairs may be required for noncomplying ve-
hicles.
(b) Additional studies of the feasibility and appropriateness of on-road remote sensing
technology as a potential emissions control strategy shall be pursued as available funding
permits.
(c) The division is authorized to enter into a contract or service agreement in accor-
dance with paragraph (a) of subsection ( 10) of this section for the purpose of this subsection
(6).
(7) The division shall monitor and periodically report to the commission on the
performance of the mobile sources state implementation plan provisions as they pertain to
the basic emissions program area and the enhanced emissions program area.
(8) (a) The division shall administer the emissions inspector, emissions mechanic, and
repair technician qualification and periodic requalification procedures, if applicable, and
remedial training provisions in a manner consistent with department of revenue enforce-
ment activities.
(b) The division, in consultation with the executive director, is authorized to bring
enforcement actions in accordance with article 7 of title 25, C.R.S., for violations of
regulations promulgated pursuant to section 42-4-306 which would cause violations of the
state implementation plan.
(9) The division shall maintain inspection data from the AIR program pursuant to the
federal act. Data analysis and reporting shall be submitted to the commission by the
departments of public health and environment and revenue by July 1 of each year for the
period of January through December of the previous year. Data analysis, state iraplemen-
42-4-307 Vehicles and Traffic Title 42 - page 334
ration plan compliance, and program performance reporting shall be submitted to the
environmental protection agency by the department of public health and environment by
July 1 of each year for the period of January through December of the previous year. The
division shall develop and maintain the data processing system necessary for the AIR
program in compliance with federal reporting requirements.
(10) (a) For the enhanced emissions program, the department of public health and
environment and the executive director are authorized to enter into a contract or service
agreement with a contractor to provide inspection services at enhanced inspection centers
for vehicles required to be inspected pursuant to section 42-4-310 within the enhanced
program area. Any such contract or service agreement shall include such terms and
conditions as are necessary to ensure that such contractor will operate any such enhanced
inspection center in compliance with this article and the federal act. Any such contract or
service agreement shall also include provisions establishing liquidated damages and pen-
alties for failure to comply with the terms and conditions of the contract and shall be in
accordance with regulations adopted by the commission.
(b) Upon approval by the department of public health and environment and the
executive director, the contractor shall provide inspection services for vehicles within the
enhanced program area required to be inspected pursuant to section 42-4-310. Notwith-
standing any contrary provision in the "Procurement Code'*, articles 101 to 112 of title 24,
C.R.S., or this article, any contract for inspection services may be renewed for a term not
to exceed two years to ensure that, on or after December 31, 2001, inspection services in
the enhanced program area will not be interrupted by the expiration of the previous contract,
after which the contract may be renewed for a single term of up to four years as provided
in section 42-4-306 (3) (b) (V) (A). Any new contract entered into or renewed after the
two-year renewal shall require the contractor to provide any necessary alternative inspec-
tion services or technologies so approved.
(10.5) (a) For the clean screen program and the Denver clean screening pilot study, the
department of public health and environment and the department of revenue may, pursuant
to the "Procurement Code", articles 101 to 112 of title 24, C.R.S., enter into a contract with
a contractor for the purchase of equipment, the collection of remote sensing and other data
and operation of remote sensing and support equipment, data processing and vehicle
ownership matching in cooperation with the executive director, and collection of remote
sensing and other data for the Denver clean screening pilot study, including analysis of the
results of such study and report preparation. Under any such contract the department of
public health and environment and the department of revenue may purchase approved
remote sensing and support equipment or authorize the use of a qualified contractor or
contractors to purchase approved remote sensing and support equipment for use in the clean
screen program. Notwithstanding any contrary provision in the "Procurement Code",
articles 101 to 112 of title 24, C.R.S., the clean screen contract may be incorporated into any
contract or renewed contract pursuant to subsection (10) of this section. The contractor
retained pursuant to this subsection (10.5) shall be the same as the contractor retained
pursuant to subsection (10) of this section. The contractor shall make one-time transfers into
the clean screen fund created in section 42-3-304 (19) in a total amount necessary to cover
computer programming costs associated with implementation of House Bill 01-1402,
enacted at the first regular session of the sixty-third general assembly, in the following
order:
(I) Up to thirty thousand dollars from the contractor's revenues;
(11) Up to thirty thousand dollars from the public relations account provided for in the
contract; and
(ID) Up to forty thousand dollars from the technical center account provided for in the
contract,
(b) Repealed.
(II) The department of public health and environment shall conduct studies on the
development, effectiveness, and cost of evolving technologies in mobile source emission
inspection for consideration by March of each even-numbered year. In the event that
alternative technologies become available, cost and air quality effectiveness shall be
considered prior to adoption by the commission as inspection technology.
(12) to (15) Repealed.
Title 42 - page 335 Regulation of Vehicles and Traffic 42-4-307.5
Source: L. 94: (10), (1 1), and (12) amended, p. 281 1, § 585, effective July 1; entire title
amended with relocations, p. 2292, § 1, effective January 1, 1995. L. 98: (10.5) added, p.
893, § 4, effective May 26. L. 2001: (6)(a), (10)(b), and (10.5Xa) amended, p. 1015, § 4,
effective June 5. L. 2002: (11) amended, p. 871, § 6, effective August 7. L. 2005:
IP(10.5)(a) amended, p. 1 174, § 12, effective August 8. L. 2006: (12), (13), (14), and (15)
added, p. 1025, § 3, effective July 1. L. 2010: (13) amended, (SB 10-213), ch. 375, p.
1764, § 13, effective June 7. L. 2012: (12) to (15) repealed, (SB 12-034), ch. 107, p. 363,
§ 3, effective August 8.
Editor's note: (1) This section is similar to former § 42-4-309.5 as it existed prior to 1994, and
the former § 42-4-307 was relocated to § 42-4-304.
(2) Amendments to subsections (10), (11), and (12) by House Bill 94-1029 were harmonized with
Senate Bill 94-001.
(3) Subsection (10.5)(b)(II) provided for the repeal of subsection (10.5)(b), effective July 1, 2001.
(See L. 98, p. 893.)
Cross references: For the legislative declaration contained in the 2001 act amending subsections
(6)(a), (10)(b), and (10.5)(a), see section 1 of chapter 278, Session Laws of Colorado 2001. For the
legislative declaration contained in the 2006 act enacting subsections (12), (13), (14), and (15), see
section 1 of chapter 225, Session Laws of Colorado 2006.
42-4-307,5, Clean screen authority • enterprise - revenue bonus. (1) If the com-
mission determines pursuant to section 42-4-306 (23) (b) to implement an expanded clean
screen program in the enhanced emissions program area, there shall be created a clean
screen authority consisting of the executive director of the department of public health and
environment and executive director of the department of revenue or their designees and any
necessary support staff. The authority shall constitute an enterprise for the purposes of
section 20 of article X of the state constitution so long as it retains the authority to issue
revenue bonds and receives less than ten percent of its total annual revenues in grants, as
defined in section 24-77-102 (7), C.R.S., from all Colorado state and local governments
combined. So long as it constitutes an enterprise pursuant to the provisions of this section,
the authority shall not be a district for purposes of section 20 of article X of the state
constitution.
(2) (a) The authority may, by resolution that meets the requirements of subsection (3)
of this section, authorize and issue revenue bonds in an amount not to exceed five million
dollars in the aggregate for expenses of the authority. Such bonds may be issued only after
approval by both houses of the general assembly acting either by bill or joint resolution and
after approval by the governor in accordance with section 39 of article V of the state
constitution. Such bonds shall be payable only from moneys allocated to (he authority for
expenses of the division and the cornmission pursuant to sections 42-4-306 and 42-4-307.
(b) All bonds issued by the authority shall provide that:
(I) No holder of any such bond may compel the state or any subdivision thereof to
exercise its appropriation or taxing power, and
(II) The bond does not constitute a debt of the state and is payable only from the net
revenues allocated to the authority for expenses as designated in such bond.
(3) (a) Any resolution authorizing the issuance of bonds under the terms of this section
shall state:
(I) The date of issuance of the bonds;
(II) A maturity date or dates during a period not to exceed thirty years from the date of
issuance of the bonds;
(HI) The interest rate or rates on, and the denomination or denominations of, the bonds;
and
(IV) The medium of payment of the bonds and the place where the bonds will be paid.
(b) Any resolution authorizing the issuance of bonds under the terms of this section
may:
(I) State that the bonds are to be issued in one or more series;
(II) State a rank or priority of the bonds; and
(III) Provide for redemption of the bonds prior to maturity, with or without premium.
42-4-307.5 Vehicles and Traffic Title 42 - page 336
(4) Any bonds issued pursuant to the terms of this section may be sold at public or
private sale. If bonds are to be sold at a public sale, the authority shall advertise the sale in
such manner as the authority deems appropriate. All bonds issued pursuant to the terms of
this section shall be sold at a price not less than the par value thereof, together with all
accrued interest to the date of delivery.
(5) Notwithstanding any provisions of law to the contrary, all bonds issued pursuant to
this section are negotiable.
(6) (a) A resolution pertaining to issuance of bonds under this section may contain
covenants as to:
(I) The purpose to which the proceeds of sale of the bonds may be applied and to the
use and disposition thereof;
(II) Such matters as are customary in the issuance of revenue bonds including, without
limitation, the issuance and lien position of other or additional bonds; and
(ID) Books of account and the inspection and audit thereof.
(b) Any resolution made pursuant to the terms of this section shall be deemed a contract
with the holders of the bonds, and the duties of the authority under such resolution shall be
enforceable by any appropriate action in a court of competent jurisdiction.
(7) Bonds issued under this section and bearing the signatures of the authority in office
on the date of the signing shall be deemed valid and binding obligations regardless of
whether, prior to delivery and payment, any or all of the persons whose signatures appear
thereon have ceased to be members of the authority.
(8) (a) Except as otherwise provided in the resolution authorizing the bonds, all bonds
of the same issue under this section shall have a prior and paramount lien on the net
revenues pledged therefor. The authority may provide for preferential security for any
bonds, both principal and interest, to be issued under this section to the extent deemed
feasible and desirable by such authority over any bonds that may be issued thereafter.
(b) Bonds of the same issue or series issued under this section shall be equally and
ratably secured, without priority by reason of number, date, sale, execution, or delivery, by
a lien on the net revenue pledged in accordance with the terms of the resolution authorizing
the bonds.
(9) The clean screen authority shall be a government-owned business that provides
financial services to all entities providing inspection services, the department, and the
department of public health and environment with regard to the revenues subject to section
42-3-304 (19).
(10) The clean screen authority may accept grants from any source and shall deposit
such moneys in the clean screen fund created in section 42-3-304 (19).
(11) The clean screen authority may contract with the department and expend moneys
from the clean screen fund for computer programming costs associated with implementa-
tion of House Bill 01-1402, enacted at the first regular session of the sixty-third general
assembly. The department is authorized to expend moneys pursuant to such contract, subject
to annual appropriation by the general assembly, effective the fiscal year commencing July
1,2000.
(12) Repealed.
Source: L. 2001: Entire section added, p. 1016, § 5, effective June 5. L. 2005: (9) and
(10) amended, p. 1174, § 13, effective August 8. L. 2006: (12) added, p. 1026, § 4,
effective July 1.
Editor's note: Subsection (12)(b) provided for the repeal of subsection (12), effective July 1, 2008.
(See L. 2006, p. 1026.)
Cross references: For the legislative declaration contained in the 2001 act enacting this section, see
section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in
the 2006 act enacting subsection (12), see section 1 of chapter 225, Session Laws of Colorado 2006.
Tide 42 - page 337 Regulation of Vehicles and Traffic 42-4-308
42-4-307.7. Vehicle emissions testing - remote sensing.
(1) and (2) Repealed.
(3) The Colorado department of transportation shall work with the department of public
health and environment to identify locations that may accommodate unmanned remote
sensing devices without causing a safety hazard.
(4) The commission shall evaluate options for increasing the number of vehicles
passing a test under the clean screen program, including, but not limited to:
(a) The reduction of the number of remote sensing measurements per vehicle;
(b) Additional remote sensing devices and sites;
(c) Expanded hours of operation; and
(d) Additional staffing.
(5) The department of public health and environment shall work with the contractor to
minimize false test results and shall track and report to the commission its progress in
minimizing false test results on or before March 31 of each year.
(6) The commission shall determine the criteria used for the measurement of vehicle
emissions needed to comply with the clean screen program, which criteria shall include, but
are not limited to, the pollutants measured, acceptable levels of the measured pollutants, and
failure rates. Criteria adopted by the commission for the clean screen program shall meet
environmental protection agency requirements.
(7) to (11) Repealed.
(12) Photographs of a vehicle taken by a remote sensing device in order to capture an
image of a vehicle's license plate shall be limited to the rear of the vehicle. No attempts
shall be made by a remote sensing device to photograph a vehicle's driver.
(13) Repealed.
Source: L. 2006: Entire section added, p. 1026, § 5, effective July 1. L. 2009: (13)
added, (SB 09-003), ch. 322, p. 1717, § 2, effective June 1. L. 2012: (1), (2), and (7) to
(11) repealed and (6) amended, (SB 12-034), ch. 107, p. 364, § 4, effective August 8.
Editor's note: Subsection (13)(b) provided for the repeal of subsection (13), effective December
31, 2009. (See L. 2009, p. 1717.)
Cross references: For the legislative declaration contained in the 2006 act enacting this section, see
section 1 of chapter 225, Session Laws of Colorado 2006.
42-4-308. Inspection and readjustment stations - inspection-only facilities - fleet
inspection stations - motor vehicle dealer test facilities - contractor - emissions
inspectors - emissions mechanics - requirements. (1) (a) Applications for an inspection
and readjustment station license, an inspection-only facility license, a fleet inspection
station license, a motor vehicle dealer test facility license, an emissions inspector license,
an enhanced inspection center license, or an emissions mechanic's license shall be made on
forms prescribed by the executive director.
(b) No inspection and readjustment station license, inspection-only facility license, fleet
inspection station license, motor vehicle dealer test facility license, or enhanced inspection
center license shall be issued unless the executive director finds that the facilities of the
applicant are of adequate size and properly equipped as provided in subsection (3) of this
section, that a licensed inspector or emissions mechanic, whichever is applicable, is or will
be available to make such inspection, and that the inspection and readjustment procedures
will be properly followed based upon established performance criteria pursuant to section
42-4-306 (4) (c).
(2) No inspection or adjustments shall be made pursuant to the automobile inspection
and readjustment program nor certification of emissions control issued unless the owner or
operator of the inspection and readjustment station, inspection-only facility, fleet inspection
station, motor vehicle dealer test facility, or enhanced inspection center at which such
inspection is made or such adjustments or repairs are performed as required has been issued,
and is then operating under, a valid inspection and readjustment station license, inspection-
only facility license, fleet inspection station license, motor vehicle dealer test facility
42-4-309 Vehicles and Traffic Title 42 - page 338
license, or a contract for an authorized enhanced inspection center and has one or more
licensed emissions inspectors or emissions mechanics employed as required, one of whom
shall have made the inspection for which said certification has been issued.
(3) No inspection and readjustment station license, inspection-only facility license, fleet
inspection station license, motor vehicle dealer test facility license, or contractor's contract
shall be issued or executed unless the station or contractor has proper equipment to meet
licensing, facility, or contractor approval requirements. Such equipment shall include all test
equipment approved by the commission to perform emissions inspections corresponding to
the type of licensed or approved facility together with such auxiliary tools, equipment, and
testing devices as are required by the commission by rule.
(4) (a) No emissions inspector license or emissions mechanic license shall be issued to
any applicant unless said applicant has completed the required training, has demonstrated
necessary skills and competence in the inspection of motor vehicles by passing the written
certification test developed by the commission and administered by the department of
public health and environment, and has demonstrated such skill and competence as a
prerequisite to initial licensing by the department of revenue.
(b) The department of revenue shall monitor emissions inspector and emissions me-
chanic activities at inspection and readjustment stations, inspection-only facilities, fleet
inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers
during periodic performance audits conducted as prescribed by section 42-4-305.
(c) An emissions inspector or emissions mechanic license may be revoked in accor-
dance with section 42-4-305 if the licensee is not in compliance with the minimum
performance criteria set forth by the commission or the department of revenue.
(d) Licenses shall be valid for two years.
(e) Emissions inspector and emissions mechanic license renewal shall be subject to the
requirements set forth by the commission through rule and regulation.
Source: L. 94: (4)(a) amended, p. 2812, § 586, effective July 1; entire title amended
with relocations, p. 2294, § 1, effective January 1, 1995.
Editor's note: (1) This section is similar to former § 42-4-310 as it existed prior to 1994, and
the former § 42-4-308 was relocated to § 42-4-305.
(2) Amendments to subsection (4)(a) by House Bill 94-1029 were harmonized with Senate Bill
94-001.
42-4-309. Vehicle fleet owners - motor vehicle dealers - authority to conduct
inspections - fleet inspection stations - motor vehicle dealer test facilities - contracts
with licensed inspection-only entities. (1) (a) Any person in whose name twenty or
more motor vehicles, required to be inspected, are registered in this state or to whom said
number of vehicles are leased for a period of not less than six continuous months and who
operates a motor vehicle repair garage or shop adequately equipped and manned, as
required by section 42-4-308 and the rules and regulations issued pursuant thereto, may be
licensed to perform said inspections as a fleet inspection station. Said inspections shall be
made by licensed emissions inspectors or emissions mechanics. Such stations shall be
subject to all licensing regulations and supervision applicable to inspection and readjust-
ment stations. Fleet inspection stations shall inspect fleet vehicles in accordance with
applicable requirements pursuant to rules and regulations promulgated by the commission.
No person licensed pursuant to this section may conduct emissions inspections on motor
vehicles owned by employees of such person or the general public, but only on those
vehicles owned or operated by the person subject to the fleet inspection requirements. Any
such motor vehicles are not eligible for a certificate of emissions waiver and shall be
inspected annually. The commission shall promulgate such rules as may be necessary to
establish non-loaded mode static idle inspection procedures, standards, and criteria under
this section.
(b) Each fleet operator licensed or operating within the enhanced program area who is
also licensed to operate a fleet inspection station shall assure that a representative sample
of one-half of one percent or one vehicle, whichever is greater, of such operator's vehicle
Title 42 -page 339 Regulation of Vehicles and Traffic 42-4-309
fleet is inspected annually at an inspection-only facility or enhanced inspection center. An
analysis of the data gathered from any such inspection shall be performed by the department
of public health and environment and provided to the department of revenue to determine
compliance by such fleet with the self-inspection requirements of this section. An inspection
is not required prior to the sale of a motor vehicle with at least twelve months remaining
before the vehicle's certification of emissions compliance expires if such certification was
issued when the vehicle was new.
(2) (a) As an alternative to subsection (1) of this section, any person having twenty or
more vehicles registered in this state that are required to be inspected pursuant to section
42-4-310 may contract for periodic inspection services with a contractor or an inspection-
only facility. Such inspections shall be in compliance with non-fleet vehicle requirements
as specified in this part 3 and shall be performed by an authorized or licensed emissions
inspector who shall be subject to all requirements and oversight as applicable.
(b) Upon retail sale of any vehicle subject to fleet inspection to a party other than a fleet
operator, such vehicle shall be inspected at an authorized enhanced inspection center,
licensed inspection-only facility, or licensed inspection and readjustment station, as appli-
cable. A certificate of emissions compliance shall be required as a condition of the retail sale
of any such vehicle.
(3) (a) Any person licensed as a motor vehicle dealer pursuant to article 6 of title 12,
C.R.S., in whose name twenty or more motor vehicles are registered or inventoried or
consigned for retail sale in this state which are required to be inspected shall comply with
the requirements of section 42-4-310 for the issuance of a certificate of emissions compli-
ance at the time of the retail sale of any such vehicle.
(b) Within the enhanced emissions program, motor vehicle dealers licensed pursuant to
article 6 of title 12, C.R.S., may contract for used motor vehicle inspection services by a
licensed motor vehicle dealer test facility. Pursuant to regulations of the commission,
inspection procedures shall include a loaded mode transient dynamometer test cycle in
combination with appropriate idle short tests pursuant to rules and regulations of the
commission.
(c) 1 98 1 and older model vehicles held in inventory and offered for retail sale by a used
vehicle dealer may be inspected by a licensed inspection-only facility.
(d) Within the basic emissions program, any person licensed as a motor vehicle dealer
pursuant to article 6 of title 12, C.R.S., may be licensed to conduct inspections pursuant to
subsections (1) and (2) of this section.
(4) Nothing in this section shall preclude a fleet or motor vehicle dealer test facility
from participating in the basic or enhanced emissions program pursuant to this part 3 with
the requirements of such program being determined by the county of residence or operation.
(5) (a) Motor vehicle dealers selling any vehicle to be registered in the enhanced
program area shall comply with the enhanced program requirements.
(b) Motor vehicle dealers selling any vehicle to be registered in the basic program area
shall comply with the basic program requirements.
(c) If used motor vehicles for sale have been inspected by a motor vehicle dealer test
facility, the motor vehicle dealer shall comply with the standards and requirements
established for motor vehicle dealer test facilities.
(6) (a) On and after June 1 , 1996, a motor vehicle dealer or a used motor vehicle dealer
licensed pursuant to article 6 of title 12, C.R.S., that sells any vehicle subject to the
provisions of the enhanced emissions program may comply with the provisions of sections
42-4-304 (3) (d) and 42-4-310 by providing the consumer of the vehicle a voucher
purchased by the dealer from the contractor for the centralized enhanced emissions
program, with or without charge to the consumer, up to the maximum amount charged for
an emissions inspection at an enhanced inspection center. Such voucher shall cover the cost
of an emissions inspection of the vehicle at an enhanced inspection center and shall entitle
the consumer to such an emissions inspection.
(b) If a vehicle inspected with a voucher as authorized in this paragraph (b) fails a test
at an enhanced inspection center and is returned within three business days after its
purchase, the dealer, at its option, shall repair the motor vehicle to pass the emissions test,
pay the consumer to obtain such repairs to pass the emissions test from a third party, or
42-4-3 10 Vehicles and Traffic Title 42 - page 340
repurchase the vehicle at the vehicle* s purchase price. After such payment, repair, or
repurchase, a dealer shall have no further liability to the consumer for compliance with the
requirements of the enhanced emissions program.
(c) The voucher to be delivered at time of sale shall set forth the conditions described
in paragraph (b) of this subsection (6) on a form prescribed by the department of revenue.
(7) A motor vehicle dealer shall have a motor vehicle inspected annually pursuant to
section 42-4-310, but shall not be required to have such vehicle inspected more than once
a year.
Source: L. 94: (l)(b) amended, p. 2812, § 587, effective July 1; entire title amended
with relocations, p. 2296, § 1, effective January 1, 1995. L. 96: (6) added, p. 1352, § 1,
effective June 1. L. 2003: (l)(b) amended and (7) added, p. 1603, § 3, effective August 6.
Editor's note: (1) This section is similar to former § 42-4-31 1 as it existed prior to 1994, and the
former § 42-4-309 was relocated to § 42-4-306.
(2) Amendments to subsection (l)(b) by House Bill 94-1029 were harmonized with Senate Bill
94-001.
42-4-310. Periodic emissions control inspection required. (1) (a) (I) Subject to
subsection (4) of this section, a motor vehicle that is required to be registered in the program
area shall not be sold, registered for the first time without a certification of emissions
compliance, or reregistered unless such vehicle has passed a clean screen test or has a valid
certification of emissions control as required by the appropriate county. The provisions of
this paragraph (a) shall not apply to motor vehicle transactions at wholesale between motor
vehicle dealers licensed pursuant to article 6 of title 12, C.R.S. An inspection is not required
prior to the sale of a motor vehicle with at least twelve months remaining before the
vehicle' s certification of emissions compliance expires if such certification was issued when
the vehicle was new.
(II) (A) If title to a roadworthy motor vehicle, as defined in section 42-6-102 (15), for
which a certification of emissions compliance or emissions waiver must be obtained
pursuant to this paragraph (a) is being transferred to a new owner, the new owner may
require at the time of sale that the prior owner provide said certification as required for the
county of residence of the new owner.
(B) The new owner shall submit such certification to the department of revenue or an
authorized agent thereof with application for registration of the motor vehicle.
(C) If such vehicle is being registered in the program area for the first time, the owner
shall obtain any certification required for the county where registration is sought and shall
submit such certification to the department of revenue or an authorized agent thereof with
such owner's application for the registration of the motor vehicle. A motor vehicle being
registered in the program area for the first time may be registered without an inspection or
certification if the vehicle has not yet reached its fourth model year or a later model year
established by the commission pursuant to section 42-4-306 (8) (b).
(b) (I) (A) Effective July 1, 1987, and until May 28, 1999, those motor vehicles that
are owned by the United States government or an agency thereof or by the state of Colorado
or any agency or political subdivision thereof that would be registered in the program area
shall be inspected once each year, and a valid certification of emissions compliance shall be
obtained.
(B) New motor vehicles owned by the United States government or an agency thereof
or by the state of Colorado or any agency or political subdivision thereof mat would be
registered in the program area shall be issued a certification of emissions compliance
without inspection that shall expire on the anniversary of the day of the issuance of such
certification when such vehicle has reached its fourth model year or a later model year
established by the commission pursuant to section 42-4-306 (8) (b). Prior to the expiration
of such certification such vehicle shall be inspected and a certification of emissions control
shall be obtained therefor.
(C) Effective May 28, 1999, 1982 and newer model motor vehicles that are owned by
the United States government or an agency thereof or by the state of Colorado or any
Title 42 - page 341 Regulation of Vehicles and Traffic 42-4-310
agency or political subdivision thereof that would be registered in the program area shall be
inspected every two years, and shall be issued a certification of emissions compliance that
shall be valid for twenty-four months; except that vehicles owned or operated by any
agency or political subdivision that is authorized and licensed pursuant to section 42-4-309
to inspect fleet vehicles shall be inspected annually.
(D) Effective May 28, 1999, 1981 and older model motor vehicles that are owned by
the United States government or an agency thereof or by the state of Colorado or any
agency or political subdivision thereof that would be registered in the program area shall be
inspected once each year, and shall be issued a certification of emissions compliance that
shall be valid for twelve months.
(E) Any vehicle subject to this subparagraph (I) that is suspected of having an
emissions problem may undergo a voluntary inspection as provided in subparagraph (IV) of
paragraph (c) of this subsection (1).
(II) (A) Motor vehicle dealers shall purchase verification of emissions test forms for
the sum of twenty-five cents per form from the department or persons authorized by the
department to make such sales to be used only on new motor vehicles. No refund or credit
shall be allowed for any unused verification of emissions test forms. New motor vehicles
required under this section to have a verification of emissions test form shall be issued a
certification of emissions compliance without inspection, which shall expire on the anni-
versary of the day of the issuance of such certification when such vehicle has reached its
fourth model year or a later model year established by the commission pursuant to section
42-4-306 (8) (b). Prior to the expiration of such certification such vehicle shall pass a clean
screen test or be inspected and a certification of emissions control shall be obtained therefor.
(B) 1982 and newer model motor vehicles required pursuant to this section to have a
certification of emissions control shall be inspected at the time of the sale or transfer of any
such vehicle and, prior to registration renewal, shall be issued a certification of emissions
control that shall be valid for twenty-four months except as provided under section
42-4-309. An inspection is not required prior to the sale of a motor vehicle with at least
twelve months remaining before the vehicle's certification of emissions compliance expires
if such certification was issued when the vehicle was new. This sub-subparagraph (B) does
not apply to the sale of a motor vehicle that is inoperable or otherwise cannot be tested in
accordance with regulations promulgated by the department of revenue if the seller of the
motor vehicle provides a written notice to the purchaser pursuant to the requirements of
subsection (4) of this section.
(C) 1981 and older model motor vehicles required pursuant to this section to have a
certification of emissions control shall be inspected at the time of the sale or transfer of any
such vehicle and, prior to registration renewal, shall be issued a certification of emissions
control that shall be valid for twelve months. This sub-subparagraph (C) does not apply to
the sale of a motor vehicle which is inoperable or otherwise cannot be tested in accordance
with regulations promulgated by the department of revenue if the seller of the motor vehicle
provides a written notice to the purchaser pursuant to the requirements of subsection (4) of
this section.
(ID) Upon registration or renewal of registration of a motor vehicle required to have a
certification of emissions control, the department shall issue a tab identifying the vehicle as
requiring certification of emissions control. The tab shall be displayed from the time of
registration. The verification of emissions test shall also be displayed on the motor vehicle
in a location prescribed by the department of revenue consistent with federal regulations.
(c) (I) Effective October 1, 1989, those motor vehicles owned by nonresidents who
reside in either the basic or enhanced emissions program areas or by residents who reside
outside the program area who are employed for at least ninety days in any twelve-month
period in a program area or who are attending school in a program area, and are operated
in either the basic or enhanced emissions program areas for at least ninety days, shall be
inspected as required by this section and a valid certification of emissions compliance or
emissions waiver shall be obtained as required for the county where said person is
employed or attends school. Such nonresidents include, but are not limited to, all military
personnel, temporarily assigned employees of business enterprises, and persons engaged in
activities at the Olympic training center.
42-4-3 10 Vehicles and Traffic Title 42 - page 342
(II) Any person owning or operating a business and any postsecondary educational
institution located in a program area shall inform all persons employed by such business or
attending classes at such institution that they are employed or attending classes in a program
area and are required to comply with the provisions of subparagraph (I) of this paragraph
(c).
(ID) Vehicles that are registered in a program area and are being operated outside such
area but within another program area shall comply with all program requirements of the
area where such vehicles are being operated. Vehicles registered in a program area that are
being temporarily operated outside the state at the time of registration or registration
renewal may apply to the department of revenue for a temporary exemption from program
requirements. Upon return to the program area, such vehicles must be in compliance with
all requirements within fifteen days. A temporary exemption shall not be granted if the
vehicle will be operated in an emissions testing area in another state unless proof of
emissions from that area is submitted.
(IV) Nothing in this section shall be deemed to prevent or shall be interpreted so as to
hinder the voluntary inspection of any motor vehicle in the enhanced emissions program.
A certificate of emissions control issued under the provisions of the enhanced emissions
program shall be acceptable as a demonstration of compliance within the basic program for
vehicle registration purposes. In order to provide motorist protection, those vehicles
voluntarily inspected and that fail said inspection but that are warrantable under manufac-
turers' emissions control warranties pursuant to section 207 (A) and (B) of the federal act
shall comply with the emissions-related repair requirements of this part 3.
(V) Motor vehicles operated in the enhanced emissions program area, and required to
be inspected pursuant to subparagraph (I) of this paragraph (c), shall comply with the
inspection requirements of the enhanced emissions program area and are not required to
comply with the inspection requirements of the basic emissions program area.
(d) (I) Repealed.
(II) (A) For the basic emissions program, effective January 1, 1994, for businesses
which operate nineteen or fewer motor vehicles and for 1981 or older private motor vehicles
required to be registered in the basic emissions program area, after any adjustments or
repairs required pursuant to section 42-4-306, if total expenditures of at least seventy-five
dollars have been made to bring the vehicle into compliance with applicable emissions
standards and the vehicle still does not meet such standards, a certification of emissions
waiver shall be issued for such vehicle.
(B) (Deleted by amendment, L. 2011, (SB 11-031), ch. 86, p. 246, § 11, effective
August 10, 2011.)
(III) Repealed.
(IV) For the basic emissions program, effective January 1, 1994, for businesses that
operate nineteen or fewer vehicles and for private motor vehicles only of a model year 1982
or later required to be registered in the basic emissions program area, after any adjustments
or repairs required pursuant to section 42-4-306, if total expenditures of at least two hundred
dollars have been made to bring the vehicle into compliance with the applicable emissions
standards and the vehicle still does not meet such standards, a certification of emissions
waiver shall be issued for such vehicle. For vehicles not older than two years or that have
not more than twenty-four thousand miles, or such period of time and mileage as established
for warranty protection by amendments to federal regulations, no emissions-related repair
waivers shall be issued due to the provisions and enforcement of section 207 (A) and (B)
of the federal act relating to emissions control systems components and performance
warranties. Vehicles that are owned by the state of Colorado or any agency or political
subdivision thereof are not eligible for emissions-related repair waivers under this subpara-
graph (IV).
(V) Repealed.
(VI) For the enhanced emissions program, effective January 1 , 1995, for businesses that
operate nineteen or fewer vehicles and for private motor vehicles only of a model year 1968
and later required to be registered in the enhanced emissions program area, after any
adjustments or repairs required pursuant to section 42-4-306, if total expenditures of at least
four hundred fifty dollars have been made to bring the vehicle into compliance with
Title 42 -page 343 Regulation of Vehicles and Traffic 42-4-310
applicable emissions standards and the vehicle does not meet such standards, a certification
of emissions waiver shall be issued for such vehicle except as prescribed in subparagraph
(XH) of this paragraph (d) pertaining to vehicle warranty. The four-hundred-firry-dollar
minimum expenditure may be adjusted annually by an amount not to exceed the percentage,
if any, by which the consumer price index for all urban consumers (CPIU) for the
Denver-Boulder metropolitan statistical area for the preceding year differs from such index
for 1989. Vehicles that are owned by the state of Colorado or any agency or political
subdivision thereof are not eligible for emissions-related repair waivers under this subpara-
graph (VI).
(VH) Repealed.
(Vm) (A) For the enhanced emissions program except as provided in sub-subpara-
graph (B) of this subparagraph (VTTI), for businesses that operate nineteen or fewer vehicles
and for private motor vehicles only of a model year 1967 or earlier required to be registered
in the enhanced emissions program area, after any adjustments or repairs required under
section 42-4-306, if total expenditures of at least seventy-five dollars have been made to
bring the vehicle into compliance with applicable emissions standards and the vehicle still
does not meet the standards, a certification of emissions waiver shall be issued for the
vehicle.
(B) This subparagraph (VIII) shall apply in Boulder county, effective July 1, 1995.
(DC) (A) For the enhanced emissions program except as provided in sub-subparagraph
(B) of this subparagraph (IX) effective January 1, 1995, for vehicles subject to a transient,
loaded mode dynamometer inspection procedure under the enhanced program as deter-
mined by the commission, a certificate of waiver may be issued by an authorized state
representative, if after failing a retest, at which point the minimum repair cost limit of four
hundred fifty dollars has not been met, a complete and documented physical and functional
diagnosis of the vehicle performed at an emissions technical center indicates that no
additional emissions-related repairs would be effective or needed.
(B) This subparagraph (IX) shall apply in Boulder county, effective July 1, 1995.
(X) Subject to the provisions of subparagraph (V) of this paragraph (d), a certificate of
emissions control shall not be issued for vehicles in the program area exhibiting smoke or
indications of tampering with or poor maintenance of emissions control systems including
on-board diagnostic systems.
(XI) As used in this paragraph (d), "total expenditures'* means those expenditures
directly related to adjustment or repair of a motor vehicle to reduce exhaust or evaporative
emissions to a level which complies with applicable emissions standards. The term does not
include an inspection fee, or any costs of adjustment, repair, or replacement necessitated by
the disconnection of, tampering with, or abuse of air pollution control equipment, improper
fuel use, or visible smoke.
(XII) No certification of emissions waiver shall be issued for vehicles not older than
two years or which have not more than twenty-four thousand miles, or are of such other age
and mileage as established for warranty protection under the federal act in accordance with
the provisions and enforcement of section 207 (A) and (B) of the federal act relating to
emissions control component and systems performance warranties.
(2) (a) The emissions inspection required under this section shall include an analysis of
tail pipe and evaporative emissions. After January 1, 1994, such inspection shall include an
analysis of emissions control equipment including on-board diagnostic systems, chloro-
fluorocarbons, and visible smoke emissions for the basic emissions program area and the
enhanced emissions program area and emissions testing that meets the performance
standards set by federal requirements for the enhanced emissions program area by means of
procedures specified by regulation of the commission to determine whether the motor
vehicle qualifies for issuance of a certification of emissions compliance. For motor vehicles
of the model year 1975 or later, not tested under a transient load on a dynamometer, said
inspection shall also include a visual inspection of emissions control equipment pursuant to
rules of the commission.
(b) and (c) Repealed.
(d) (I) In the basic emissions program area, effective January 1, 1994, in order to be
issued a certificate of emissions waiver, appropriate adjustments and repairs must have been
42-4-310 Vehicles and Traffic Title 42 - page 344
performed at a licensed inspection and readjustment station by a licensed emissions
mechanic.
(II) In the enhanced emissions program area, effective January 1, 1995, in order to be
issued a certificate of emissions waiver, appropriate adjustments and repairs must have been
performed by a technician at a registered repair facility within the enhanced emissions
program area.
(IE) Adjustments and repairs performed by a registered repair facility and technician
within the enhanced emissions program area shall be sufficient for compliance with the
provisions of this paragraph (d) in the basic program area.
(3) (a) Effective July 1, 1993, any home rule city, city, town, or county shall, after
holding a public hearing and receiving public comment and upon request by the governing
body of such local government to the department of public health and environment and the
department of revenue and after approval by the general assembly acting by bill pursuant
to paragraph (e) of this subsection (3), be included in the program area established pursuant
to sections 42-4-301 to 42-4-316. When such a request is made, said departments and
governing body shall agree to a start-up date for the program in such area, and, on or after
such date, all motor vehicles, as defined in section 42-4-304 (18), which are registered in
the area shall be inspected and required to comply with the provisions of sections 42-4-301
to 42-4-316 and rules and regulations adopted pursuant thereto as if such area was included
in the program area. Except as provided in paragraph (c) of this subsection (3), the
department of public health and environment and the department of revenue, the executive
director, and the commission shall perform all functions and exercise all powers related to
the program in areas included in the program pursuant to this subsection (3) that they are
otherwise required to perform under sections 42-4-301 to 42-4-316.
(b) Effective July 1, 1993, notwithstanding the provisions of section 42-4-304 (20), a
local government with jurisdiction over an area excluded from the program area pursuant
to section 42-4-304 (20) may request inclusion in the program area, and the exclusion under
section 42-4-304 (20) shall not apply to vehicles registered within such area.
(c) Effective July 1, 1993, the inclusion pursuant to paragraph (a) or (b) of this
subsection (3) of any home rule city, city, town, or county in the program area shall not be
submitted to the United States environmental protection agency as a revision to the state
implementation plan or otherwise included in such plan. Any governing body which
requests inclusion of an area pursuant to paragraph (a) or (b) of this subsection (3) in the
program area may, after a minimum period of five years, request termination of the program
in such area, and the program in such area shall be terminated thirty days after the receipt
by the department of revenue of such a request.
(d) Effective January 1 , 1 994, except for those entities included within the program area
pursuant to section 42-4-304 (20), for inclusion in the program area, any home rule city,
city, town, or county shall have the basic emissions program test requirements and standards
implemented as its emissions inspection program.
(e) Unless a home rule city, city, town, or county violates national ambient air quality
standards as established by the environmental protection agency, the inclusion pursuant to
paragraph (a) or (b) of this subsection (3) of any home rule city, city, town, or county in the
program area shall be contingent upon approval by the general assembly acting by bill to
include any such home rule city, city, town, or county in the program area.
(4) (a) The seller of a motor vehicle that is inoperable or otherwise cannot be tested in
accordance with rules promulgated by the department of revenue or that is being sold
pursuant to part 18 or part 21 of this article is not required to obtain a certification of
emissions control prior to the sale of the vehicle if the seller provides a written notice to the
purchaser prior to completion of the sale that clearly indicates the following:
(I) The vehicle does not currently comply with the emissions requirements for the
program area;
(II) The seller does not warrant that the vehicle will comply with emissions require-
ments; and
(HI) The purchaser is responsible for complying with emissions requirements prior to
registering the vehicle in the emissions program area.
Title 42 -page 345 Regulation of Vehicles and Traffic 42-4-310
(b) The department shall prepare a form to comply with the provisions of paragraph (a)
of this subsection (4) and shall make such form available to dealers and other persons who
are selling motor vehicles which are inoperable or otherwise cannot be tested in accordance
with regulations promulgated by the department of revenue.
(c) If a motor vehicle is exempted from the requirement for obtaining a certification of
emissions control prior to sale pursuant to this subsection (4), the new owner of the motor
vehicle is required to obtain a certification of emissions control for such motor vehicle
before registering it in the program area.
(5) (a) Notwithstanding any other provision of this section, any eligible motor vehicle
registered in a clean screen program county that complies with the requirements of the clean
screen program under the provisions of sections 42-4-305 (12), 42-4-306 (23), and 42-4-307
(10.5) (a), by passing the requirements of such program and applicable rules shall be
deemed to have complied with the inspection requirements of this section for the applicable
emissions inspection cycle. For purposes of this subsection (5), "eligible motor vehicle*'
means a motor vehicle, including trucks, for model years 1978 and earlier having a gross
vehicle weight rating of six thousand pounds or less and for model years 1979 and newer
having a gross vehicle weight rating of eight thousand five hundred pounds or less.
(b) (I) If the commission does not specify a date for the county clerks and recorders in
the basic emissions program area to begin collecting emissions inspection fees at the time
of registration pursuant to section 42-3-304 (19) (a), or if the contractor determines that the
motor vehicle required to be registered in the basic program area has complied with the
inspection requirements pursuant to this subsection (5), a notice shall be sent to the owner
of the vehicle identifying the owner of the vehicle, the license plate number, and other
pertinent registration information, and stating that the vehicle has successfully complied
with the applicable emission requirements. Such notice shall also include a notification that
the registered owner of the vehicle may return the notice to the contractor with the payment
as set forth on the notice to pay for the clean screen program. Upon receipt of the payment
from the motor vehicle owner, the county clerk shall be notified that the motor vehicle has
complied with the inspection requirements pursuant to this subsection (5).
(II) For vehicles with registration renewals coming due on or after the dates specified
by the commission for county clerks and recorders to collect emissions inspection fees at
the time of registration, if the contractor determines that a motor vehicle required to be
registered in the program area has complied with the inspection requirements pursuant to
this subsection (5), the contractor shall send a notice to the department of revenue
identifying the owner of the vehicle, the license plate number, and any other pertinent
registration information, stating that the vehicle has successfully complied with the appli-
cable emission requirements.
(c) The department shall, by contract with a private vendor or by rule, establish a
procedure for a vehicle owner to obtain the necessary emissions-related documents for the
registration and operation of a vehicle that has complied with the inspection requirements
pursuant to this subsection (5).
Source: L. 94: (3)(a) amended, p. 2812, § 588, effective July 1; entire title amended
with relocations, p. 2297, § 1, effective January 1, 1995. L. 95: (l)(d)(VI), (l)(d)(X), and
(3)(b) amended, p. 954, § 10, effective May 25. L. 96: (l)(c) amended, p. 1010, § 1,
effective May 23. L. 98: (l)(a)(I), (1 )(b)(II)(B), and (l)(b)(II)(C) amended and (4) added,
p. 230, § 2, effective April 10; (5) added, p. 893, § 5, effective May 26. L. 99: (l)(b)(I),
(l)(d)(IV), and (l)(d)(VI) amended, p. 951, § 1, effective May 28. L. 2001: (l)(aXI),
(l)(b)0I)(A), (l)(d)(VI), (5)(b), and (5)(c) amended, p. 1019, § 6, effective June 5.
L. 2002: (5)(a) and (5)(b) amended, pp. 969, 966, §§ 6, 2, effective June 1. L. 2003:
(l)(a)(I), (l)(b)(I)(B), (l)(b)(II)(A), and (l)(b)(IIXB) amended, p. 1603, § 4, effective
August 6; (l)(a)(I),IP(4)(a), and (4)(c) amended, p. 2186, § 2, effective August 6. L. 2005:
(5)(b)(I) amended, p. 1175, § 14, effective August 8; (l)(a)(ID(C) and (l)(c)(m) amended,
p. 715, § 1, effective September 1. L. 2006: (l)(b)(H)(A) amended, p. 1028, § 6, effective
July 1. L. 2009: (l)(d)(II)(B) and (l)(d)(Vm)(A) amended, (SB 09-003), ch. 322, p. 1718,
§ 3, effective June 1. L. 2011: (l)(d)(II)(B) and (l)(d)(Vffl)(A) amended, (SB 11-031), ch.
86, p. 246, § 11, effective August 10.
42-4-311 Vehicles and Traffic Title 42 - page 346
Editor's note: (1) This section is similar to former § 42-4-312 as it existed prior to 1994, and
the former § 42-4-310 was relocated to § 42-4-308.
(2) Amendments to subsection (3)(a) by House Bill 94-1029 were harmonized with Senate Bill
94-001.
(3) Subsections (l)(d)(I)(D), (l)(d)(ffl)(D), (l)(d)(V)(D), (l)(d)(Vn)(B), (2)(b)(IV), and
(2)(c)(IV) provided for the repeal of subsections (l)(d)(I), (l)(d)(m), (l)(d)(V), (l)(d)(Vn), (2)(b),
and (2)(c), respectively, effective July 1, 1995. (See L. 94, p. 2297.)
(4) Amendments to subsection (l)(a)(I) by House Bill 03-1016 and House Bill 03-1357 were
harmonized.
Cross references: For the legislative declaration contained in the 2001 act amending subsections
(l)(a)(I), (l)(b)(n)(A), (l)(d)(VI), (5)(b), and (5)(c), see section 1 of chapter 278, Session Laws of
Colorado 2001. For the legislative declaration contained in the 2006 act amending subsection
(l)(b)(II)(A), see section 1 of chapter 225, Session Laws of Colorado 2006.
42-4-311. Operation of inspection and readjustment stations - inspection-only
facilities - fleet inspection stations - motor vehicle dealer test facilities - enhanced
inspection centers. (1) (a) No inspection and readjustment station license, inspection-
only facility license, fleet inspection station license, motor vehicle dealer test facility
license, or enhanced inspection center contract may be assigned or transferred or used at any
other than the station, facility, or center therein designated, and every such license or
authorization for an enhanced inspection center shall be posted in a conspicuous place at the
facility designated.
(b) Beginning January 1, 1995, no emissions inspector license or authorization shall be
assigned or transferred except to a licensed inspection-only facility, fleet inspection station,
or enhanced inspection center.
(c) No emissions inspector or emissions mechanic license or authorization may be
assigned or transferred, nor shall the inspection and adjustment be made by such emissions
inspector or emissions mechanic except at a licensed inspection and readjustment station,
inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or
authorized enhanced inspection center.
(2) A licensed inspection and readjustment station, inspection-only facility, fleet in-
spection station, motor vehicle dealer test facility, or authorized enhanced inspection center
shall not issue a certification of emissions control to a motor vehicle except upon forms
prescribed by the executive director. Such station, facility, or center shall not issue a
certification of emissions compliance or emission waiver unless the licensed or authorized
emissions inspector or emissions mechanic performing the inspection determines that:
(a) The exhaust gas and, if applicable, evaporative emissions from the motor vehicle
comply with the applicable emissions standards and there is no evidence of emissions
system tampering nor visible smoke, in which case a certification of emissions compliance
shall be issued;
(b) The exhaust gas and, if applicable, evaporative emissions from the motor vehicle do
not comply with the applicable emissions standards after the adjustments and repairs
required by section 42-4-306 have been performed and there is no evidence of emissions
system tampering or visible smoke, in which case a certification of emissions waiver shall
be issued. A fleet emission inspector shall not issue a certification of emissions waiver
within the enhanced program area.
(3) (a) (I) A verification of emissions test shall be issued to a motor vehicle by a
licensed inspection and readjustment station, inspection-only facility, fleet inspection
station, or motor vehicle dealer test facility or authorized enhanced inspection center at the
time such vehicle is issued a certification of emissions control.
(II) No verification of emissions test is required to be issued to or required for any
motor vehicle that is registered as a collector's item pursuant to section 42-12-401.
(HI) (A) Repealed.
(B) Commencing July 1, 2001, every inspection and readjustment station, fleet inspec-
tion station, and inspection-only facility shall monthly transmit to the department the sum
of twenty-five cents per motor vehicle inspection performed by such entity pursuant to this
Title 42 - page 347 Regulation of Vehicles and Traffic 42-4-3 1 1
part 3 if the motor vehicle passes such inspection or is granted a waiver. No refund or credit
shall be allowed for any unused verification of emissions test forms.
(C) The contractor shall monthly transmit to the department the sum of twenty-five
cents per motor vehicle inspection performed by the contractor pursuant to this part 3 if the
motor vehicle passes such inspection or is granted a waiver. No refund or credit shall be
allowed for any unused verification of emissions test forms.
(b) The moneys collected by the department from the sale of verification forms shall be
transmitted to the state treasurer, who shall credit such moneys to the AIR account, which
account is created within the highway users tax fund. Moneys from the AIR account, upon
appropriation by the general assembly, shall be expended only to pay the costs of
administration and enforcement of the automobile inspection and readjustment program by
the department and the department of public health and environment.
(4) (a) (I) A licensed inspection and readjustment station, inspection-only facility, or
motor vehicle dealer test facility shall charge a fee not to exceed fifteen dollars for the
inspection of vehicles, model year 1981 and older, at facilities licensed or authorized within
either the basic or enhanced emissions program; except that for 1982 model and newer
vehicles a test facility may charge a fee not to exceed twenty-five dollars.
(II) In no case shall any such fee exceed the maximum fee established by and posted
by the station or facility pursuant to section 42-4-305 (5) for the inspection of any motor
vehicle required to be inspected under section 42-4-310.
(b) A licensed emissions inspection and readjustment station shall charge a fee for
performing the adjustments or repairs required for issuance of a certification of emissions
waiver not to exceed the maximum charge established in section 42-4-3 10 and posted by the
station pursuant to section 42-4-305.
(5) The fee charged in paragraph (a) of subsection (4) or subsection (6) of this section
will be charged to all nonresident vehicle owners subject to the inspection requirement of
section 42-4-310 and depending on the county of operation.
(6) (a) The fee charged for enhanced emissions inspections performed within the
enhanced emissions program area on 1982 and later motor vehicles shall not be any greater
than that determined by the contract and in no case greater than twenty-five dollars. The fee
charged for clean screen inspections performed on vehicles registered in the basic area shall
not be any greater than that determined by the contract and in no case greater than fifteen
dollars. Such fee shall not exceed the maximum fee required to be posted by the enhanced
inspection center pursuant to section 42-4-305 for the inspection of any motor vehicle
required to be inspected under section 42-4-310.
(b) During the two-year renewal of the contract entered into pursuant to section
42-4-307 (10), the commission shall hold a hearing to determine the maximum fee that may
be charged pursuant to the contract for inspections during any subsequent renewal term.
Such maximum fee shall be based on estimated actual operating costs during the life of the
contract, determined pursuant to the proceeding and an audit conducted by the office of the
state auditor on the contractor, plus a percentage to be determined by the commission, not
to exceed ten percent and not to exceed twenty-five dollars.
(c) Repealed.
(7) At least one free reinspection shall be provided for those vehicles initially failed at
the inspection and readjustment station, inspection-only facility, or enhanced inspection
center which conducted the initial inspection, within ten calendar days of such initial
inspection.
Source: L. 94: (3)(b) amended, p. 2813, § 589, effective July 1; entire title amended
with relocations, p. 2304, § 1, effective January 1, 1995. L. 2001: (3)(a)(m), (4)(a), and
(6) amended, p. 1020, § 7, effective June 5. L. 2002: (4)(a) and (6)(a) amended, p. 967,
§ 3, effective June 1; (4)(a) amended, p. 1285, § 1, effective September 1; (4)(a) amended,
p. 968, § 4, effective September 1. L. 2006: (6)(c) added, p. 1029, § 7, effective July 1.
L. 2011: IP(2), (2)(b), and (3)(a)(II) amended, (SB 11-031), ch. 86, p. 246, § 12, effective
August 10. L. 2012: (6)(c) repealed, (SB 12-034), ch. 107, p. 365, § 5, effective August 8.
42-4-312 Vehicles and Traffic Title 42 - page 348
Editor's note: (1) This section is similar to former § 42-4-313 as it existed prior to 1994, and
the former § 42-4-311 was relocated to § 42-4-309.
(2) Amendments to subsection (3)(b) by House Bill 94-1029 were harmonized with Senate Bill
94-001.
(3) Subsection (3)(a)(ffl)(A) provided for the repeal of subsection (3)(a)(ffl)(A) effective July 1,
2001. (See L. 2001, p. 1020.)
(4) Amendments to subsection (4)(a) by sections 3 and 4 of House Bill 02- 1455 were harmonized.
Cross references: For the legislative declaration contained in the 2001 act amending subsections
(3)(a)(m), (4)(a), and (6), see section 1 of chapter 278, Session Laws of Colorado 2001. For the
legislative declaration contained in the 2006 act enacting subsection (6)(c), see section 1 of chapter
225, Session Laws of Colorado 2006.
42-4-312. Improper representation as emissions inspection and readjustment sta-
tion - inspection-only facility - fleet inspection station - motor vehicle dealer test facility
- enhanced inspection center. (1) No person shall in any manner represent any place as
an inspection and readjustment station, inspection-only facility, fleet inspection station,
motor vehicle dealer test facility, or enhanced inspection center or shall claim to be a
licensed emissions inspector or licensed emissions mechanic unless such station, facility,
center, or person has been issued and operates under a valid license issued by the
department or contract with the state. If the license or contract is cancelled, suspended, or
revoked, all evidence designating the station, facility, or center as a licensed inspection and
readjustment station, inspection-only facility, fleet inspection station, or motor vehicle
dealer test facility or authorized enhanced inspection center and indicative of licensed status
of the station, facility, or center or emissions inspector or emissions mechanic shall be
removed within five days after receipt of notice of such action.
(2) (a) The department shall have authority to suspend or revoke the inspection and
readjustment station license, inspection-only facility license, fleet inspection license, or
motor vehicle dealer test facility license or to seek termination of the contractor s contract
and require surrender of said license and unused certification of emissions control forms and
verification of emissions test forms held by such licensee or contractor when such station,
facility, or center is not equipped as required, when such station, facility, or center is not
operating from a location for which the license or contract was issued, when the approved
location has been altered so that it will no longer qualify as a licensed station or facility or
authorized center, or when inspections, repairs, or adjustments are not being made in
accordance with applicable laws and the rules and regulations of the department or
commission.
(b) The department shall also have authority to suspend or revoke the license of an
emissions inspector or emissions mechanic and require surrender of said license when it
determines that said inspector or mechanic is not qualified to perform the inspections,
repairs, or adjustments or when inspections, repairs, or adjustments are not being made in
accordance with applicable laws and the rules and regulations of the department or the
commission.
(3) In addition to any other grounds for revocation or suspension, authority to suspend
and revoke inspection and readjustment station licenses, inspection-only facility licenses,
fleet inspection station licenses, motor vehicle dealer test facility licenses, or enhanced
inspection center contracts, or to seek termination of a contractor's contract or an emissions
inspector's or emissions mechanic's license and to require surrender of said licenses and
unused certification of inspection forms and records of said station shall also exist upon a
showing that:
(a) A vehicle which had been inspected and issued a certification of emissions com-
pliance by said station, facility, or center or by said inspector or mechanic was in such
condition that it did not, at the time of such inspection, comply with the law or the rules and
regulations for issuance of such a certification; or
(b) An inspection and readjustment station, or emissions mechanic has demonstrated a
pattern of issuing certifications of emissions waivers to vehicles which, at the time of
issuance of such certifications, did not comply with the law or the rules and regulations for
issuance of such certifications.
lltle 42 -page 349 Regulation of Vehicles and Traffic 42-4-313
(4) Upon suspending the license of an inspection and readjustment station, inspection-
only facility, fleet inspection station, or motor vehicle dealer test facility or an enhanced
inspection center contract or of an emissions inspector or emissions mechanic as authorized
in mis section, the executive director shall immediately notify the licensee or contractor in
writing and, upon request therefor, shall grant the licensee or contractor a hearing within
thirty days after receipt of such request, such hearing to be held in the county wherein the
licensee or contractor resides, unless the executive director and the licensee or contractor
agree that such hearing may be held in some other county. The executive director may
request a hearing officer to act in the executive director's behalf. Upon such hearing, the
executive director or the hearing officer may administer oaths and may issue subpoenas for
the attendance of witnesses and the production of relevant books, records, and papers. Upon
such hearing, the order of suspension or revocation may be rescinded, or, for good cause
shown, the suspension may be extended for such period of time as the hearing person or
body may determine, not exceeding one year, or the revocation order may be affirmed or
reversed. The licensee shall not perform under the license pending the hearing and decision.
(5) Upon the final cancellation or termination of a contractor's contract, the executive
director shall invoke the provisions of such contract to continue service until a new contract
can be secured with qualified persons as supervised by the department of revenue.
Source: L. 94: Entire title amended with relocations, p. 2307, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-314 as it existed prior to 1994, and the
former § 42-4-312 was relocated to § 42-4-310.
42-4-313. Penalties. (1) (a) No person shall make, issue, or knowingly use any
imitation or deceptively similar or counterfeit certification of emissions control form.
(b) No person shall possess a certification of emissions control if such person knows the
same is fictitious, or was issued for another motor vehicle, or was issued without an
emissions inspection having been made when required.
(c) Any person who violates any provision of this subsection (1) is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than
twenty-five dollars nor more than one thousand dollars, or by imprisonment in the county
jail for not more than ninety days, or by both such fine and imprisonment.
(2) (a) No emissions inspector or emissions mechanic shall issue a certification of
emissions control for a motor vehicle which does not qualify for the certification or
verification issued.
(b) Any emissions inspector or emissions mechanic who issues a certification of
emissions control in violation of paragraph (a) of this subsection (2) is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one
hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail
for not more than ninety days, or by both such fine and imprisonment.
(3) (a) No person shall operate a motor vehicle registered or required to be registered
in this state, nor shall any person allow such a motor vehicle to be parked on public property
or on private property available for public use, without such vehicle having passed any
necessary emissions test. The owner of any motor vehicle that is in violation of this
paragraph (a) shall be responsible for payment of any penalty imposed under this section
unless such owner proves that the motor vehicle was in the possession of another person
without the owner's permission at the time of the violation.
(b) (Deleted by amendment, L. 2001, p. 1025, § 11, effective June 5, 2001.)
(c) Any vehicle owner who violates any provision of this section is guilty of a
misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifty
dollars payable within thirty days after conviction.
(d) Any nonowner driver who violates any provision of this section is guilty of a
misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of
fifteen dollars, payable within thirty days after conviction.
42-4-313 Vehicles and Traffic Title 42 - page 350
(e) The owner or driver may, in lieu of appearance, submit to the court of competent
jurisdiction, within thirty days after the issuance of the notice and summons, the certifica-
tion or proof of mailing specified in this subsection (3).
(f) Any fine collected pursuant to the provisions of this subsection (3) shall be retained
by the jurisdiction in whose name such penalty was assessed.
(g) Nothing in this section shall be construed to limit the authority of any municipality,
city, county, or city and county to adopt and enforce an ordinance or resolution pertaining
to the enforcement of emissions control inspection requirements.
(h) to (j) Repealed.
(4) (a) For the emissions program, a contractor who is awarded a contract to perform
emissions inspections within the emissions program area shall be held accountable to the
department of public health and environment and the department of revenue. Any such
contractor shall be subject to civil penalties in accordance with this section or article 7 of
title 25, C.R.S., as appropriate, for any violation of applicable laws or rules and regulations
of the department of revenue or the commission.
(b) (I) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive director
may suspend for a period not less than six months the license of any operator or employee
operating an inspection-only facility, fleet inspection station, or motor vehicle dealer test
facility or may impose an administrative fine pursuant to subparagraph (II) of this paragraph
(b), or may both suspend a license and impose a fine, if any such operator or employee,
inspection-only facility, fleet inspection station, or motor vehicle dealer test facility engages
in any of the following:
(A) Intentionally passing a failing vehicle;
(B) Performing any test by an unlicensed inspector;
(C) Performing a test on falsified test equipment;
(D) Failing a passing vehicle;
(E) Flagrantly misusing control documents; or
(F) Engaging in a pattern of noncompliance with any regulations of the department of
revenue or the commission.
(II) The contract for operation of enhanced inspection centers shall specify adminis-
trative fines to be imposed for the violations enumerated in subparagraph (I) of this
paragraph (b).
(c) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive director shall
impose administrative fines in amounts set by the executive director of not less than
twenty-five dollars and not more than one thousand dollars against any operator or
employee operating an inspection and readjustment station, an inspection-only facility, or a
motor vehicle dealer test facility, or any contractor operating an enhanced inspection center
or clean screen contractor that engages in two or more incidents per person, station, facility,
or center, of any of the following:
(I) Test data entry violations;
(II) Test sequence violations;
(HI) Emission retest procedural violations;
(IV) Vehicle emissions tag replacement test procedural violations;
(V) Performing any emissions test on noncertified equipment;
(VI) Wait-time and lane availability violations;
(VII) Physical emissions test examination violations;
(VIQ) Knowingly passing failing vehicles; or
(DC) Knowingly failing passing vehicles.
Source: L. 94: (4)(a) amended, p. 2813, § 590, effective July 1; entire title amended
with relocations, p. 2308, § 1, effective January 1, 1995. L. 2001: (l)(a), (l)(b), (2), (3)(a),
(3)(b), (4)(a), and (4)(c) amended, p. 1025, § 11, effective June 5. L. 2006: (3)(h), (3)(i),
and (3)(j) added, p. 1029, § 8, effective July 1. L. 2012: (3)(h), (3)(i), and (3)0) repealed,
(SB 12-034), ch. 107, p. 365, § 6, effective August 8.
Title 42 - page 351 Regulation of Vehicles and Traffic 42-4-316
Editor's note: (1) This section is similar to former § 42-4-315 as it existed prior to 1994, and
the former § 42-4-313 was relocated to § 42-4-311.
(2) Amendments to subsection (4)(a) by House Bill 94-1029 were harmonized with Senate Bill
94-001.
Cross references: For the legislative declaration contained in the 2001 act amending subsections
(l)(a), (l)(b), (2), (3)(a), (3)(b), (4)(a), and (4)(c), see section 1 of chapter 278, Session Laws of
Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (3)(h),
(3)(i), (3)(j), see section 1 of chapter 225, Session Laws of Colorado 2006.
42-4-314. Automobile air pollution control systems - tampering - operation of
vehicle - penalty. (1) No person shall knowingly disconnect, deactivate, or otherwise
render inoperable any air pollution control system which has been installed by the
manufacturer of any automobile of a model year of 1968 or later, except to repair or replace
a part or all of the system.
(2) No person shall operate on any highway in this state any automobile described in
subsection (1) of this section knowing that any air pollution control system installed on such
automobile has been disconnected, deactivated, or otherwise rendered inoperable.
(3) Any person who violates any provision of this section commits a class A traffic
infraction. The department shall not assess any points under section 42-2-127 for a
conviction pursuant to this section.
(4) The air quality control commission may adopt rules and regulations pursuant to
sections 25-7-109 and 25-7-110, C.R.S., which permit or allow for the alteration, modifi-
cation, or disconnection of manufacturer-installed air pollution control systems or manu-
facturer tuning specifications on motor vehicles for the purpose of controlling vehicle
emissions. Nothing in this section shall prohibit the alteration or the conversion of a motor
vehicle to operate on a gaseous fuel, if the resultant emissions are at levels complying with
state and federal standards for that model year of motor vehicle.
(5) Nothing in this section shall be construed to prevent the adjustment or modification
of motor vehicles to reduce vehicle emissions pursuant to section 215 of the federal "Clean
Air Act", as amended, 42 U.S.C. sec. 7549.
Source: L. 94: Entire title amended with relocations, p. 2311, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1210 as it existed prior to 1994, and the
former § 42-4-314 was relocated to § 42-4-312.
42-4-315. Warranties. No provision of sections 42-4-301 to 42-4-3 16 shall be deemed
to prevent, or interpreted so as to hinder, the enforcement of any applicable motor vehicle
part or emissions control systems performance warranty.
Source: L. 94: Entire title amended with relocations, p. 2311, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-315.5 as it existed prior to 1994, and the
former § 42-4-315 was relocated to § 42-4-313.
42-4-316. AIR program - demonstration of compliance with ambient air quality
standards and transportation conformity. (1) If the commission and the lead air quality
planning agency of any portion of the program area agree that it has been demonstrated that
any portion of the program meets ambient air quality standards and transportation confor-
mity requirements, in compliance with federal acts, the commission may specify that the
AIR program will no longer apply in that portion of the program area.
(2) The legislative audit committee shall cause to be conducted performance audits of
the program, including the clean screen program. The first of such audits shall be completed
42-4-316.5 Vehicles and Traffic Title 42 - page 352
not later than January 1, 2000, and shall be completed not later than January 1, 2004, and
January 1 of each third year thereafter. Upon completion of the audit report, the legislative
audit committee shall hold a public hearing for the purposes of a review of the report.
(3) (a) (Deleted by amendment, L. 2001, p. 1022, § 9, effective June 5, 2001.)
(b) In such audits, the determination as to whether an ongoing public need for the
program has been demonstrated shall take into consideration the following factors, among
others:
(I) The demonstrable effect on ambient air quality of the program;
(II) The cost to the public of the program;
(ID) The cost-effectiveness of the program relative to other air pollution control
programs;
(IV) The need, if any, for further reduction of air pollution caused by mobile sources
to attain or maintain compliance with national ambient air quality standards;
(V) The application of the program to assure compliance with legally required war-
ranties covering air pollution control equipment.
Source: L. 94: (3)(a) amended, p. 2813, § 591, effective July 1; entire title amended
with relocations, p. 2311, § 1, effective January 1, 1995. L. 98: (1), (2), and (3)(a)
amended, p. 894, § 6, effective May 26. L. 2001: (2), (3)(a), and IP(3)(b) amended, p.
1022, § 9, effective June 5. L. 2002: (2) amended, p. 871, § 7, effective August 7.
L. 2006: (1) amended, p. 1029, § 9, effective July 1.
Editor's note: Amendments to subsection (3)(a) by House Bill 94-1029 were harmonized with
Senate Bill 94-001.
Cross references: For the legislative declaration contained in the 2001 act amending subsections
(2) and (3)(a) and the introductory portion to subsection (3 )(b), see section 1 of chapter 278, Session
Laws of Colorado 2001. For the legislative declaration contained in the 2006 act amending subsection
(1), see section 1 of chapter 225, Session Laws of Colorado 2006.
42-4-316.5. Termination of vehicle emissions testing program. The commission
shall have the authority to eliminate all requirements for regularly scheduled basic or
enhanced emissions inspections of motor vehicles if the commission finds that this action
does not violate federal air quality standards.
Source: L. 2006: Entire section added, p. 1029, § 10, effective July 1. L. 2012: Entire
section amended, (SB 12-034), ch. 107, p. 365, § 7, effective August 8.
Editor's note: As of publication date, the air quality control commission has made no determi-
nation as to whether the elimination of all requirements for regularly scheduled basic or enhanced
emissions inspections of motor vehicles violates federal air quality standards.
Cross references: For the legislative declaration contained in the 2006 act enacting this section, see
section 1 of chapter 225, Session Laws of Colorado 2006.
42-4-317. Purchase or lease of new motor vehicles by state agencies - clean-
burning alternative fuels - definitions. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2312, § 1, effective January 1,
1995.
Editor's note: Subsection (9) provided for the repeal of this section, effective July 1, 1995. (See
L. 94, p. 2312.)
Title 42 - page 353 Regulation of Vehicles and Traffic 42-4-401
PART 4
DIESEL INSPECTION PROGRAM
42-4-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Certification of emissions control*' means one of the following certifications,
issued to the owner of a diesel vehicle which is subject to the diesel inspection program in
order to indicate the status of inspection requirement compliance of such vehicle:
(a) "Certification of diesel smoke opacity compliance" is a document which indicates
that the smoke emissions from the vehicle comply with applicable smoke opacity limits at
the time of inspection or after required adjustments or repairs;
(b) "Certification of diesel smoke opacity waiver" is a document which indicates that
the smoke emissions from the vehicle does not comply with the applicable smoke opacity
limits after inspection, adjustment, and emissions related repairs.
(2) "Commission" means the air quality control commission.
(3) "Diesel emissions inspection station" means a facility which meets the require-
ments established by the commission, is licensed by the executive director, and is so
equipped as to enable a diesel vehicle emissions-opacity inspection to be performed.
(4) "Diesel emissions inspector" means a person possessing a valid license to perform
diesel emissions-opacity inspections in compliance with the requirements of the commis-
sion.
(5) "Diesel powered motor vehicle" or "diesel vehicle" as applicable to opacity
inspections, includes only a motor vehicle with four wheels or more on the ground, powered
by an internal combustion, compression ignition, diesel fueled engine, and also includes any
motor vehicle having a personal property classification of A, B, or C, pursuant to section
42-3-106, as specified on its vehicle registration, and for which registration in this state is
required for operation on the public roads and highways. "Diesel vehicle" does not include:
Vehicles registered under section 42-12-301; vehicles taxed under section 42-3-306 (4); or
off-the-road diesel powered vehicles or heavy construction equipment.
(6) "Executive director" means the executive director of the department of revenue or
the executive director's designee.
(6.3) "Heavy-duty diesel vehicle" means a vehicle that is greater than fourteen
thousand pounds gross vehicle weight rating.
(6.7) "Light-duty diesel vehicle" means a vehicle that is less than or equal to fourteen
thousand pounds gross vehicle weight rating.
(7) "Opacity meter" means an optical instrument that is designed to measure the
opacity of diesel exhaust gases.
(8) "Program area" means the counties of Adams, Arapahoe, Boulder, Douglas, El
Paso, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver,
excluding the following areas:
(a) That portion of Adams county which is east of Kiowa creek (Range 62 West,
Townships 1, 2, and 3 South) between the Adams-Arapahoe county line and the Adams-
Weld county line;
(b) That portion of Arapahoe county which is east of Kiowa creek (Range 62 West,
Townships 4 and 5 South) between the Arapahoe-Elbert county line and the Arapahoe-
Adams county line;
(c) That portion of El Paso county which is east of the following boundary, defined on
a south-to-north axis: From the El Paso-Pueblo county line north (upstream) along Chico
creek (Ranges 63 and 64 West, Township 17 South) to Hanover road, then east along
Hanover road (El Paso county route 422) to Peyton highway, then north along Peyton
highway (El Paso county route 463) to Falcon highway, men west on Falcon highway (El
Paso county route 405) to Peyton highway, then north on Peyton highway (El Paso county
route 405) to Judge Orr road, then west on Judge Orr road (El Paso county route 108) to
Elbert road, then north on Elbert road (El Paso county route 91) to the El Paso-Elbert county
line;
42-4-402 Vehicles and Traffic Title 42 - page 354
(d) That portion of Larimer county which is west of the boundary defined on a
north-to-south axis by Range 71 West and that portion which is north of the boundary
defined on an east-to-west axis by Township 10 North;
(e) That portion of Weld county which is outside the corporate boundaries of Greeley,
Evans, La Salle, and Garden City and, in addition, is outside the following boundary:
Beginning at the point of intersection of the west boundary line of section 21, township six
north, range sixty-six west and state highway 392, east along state highway 392 to the point
of intersection with Weld county road 37; then south along Weld county road 37 to the point
of intersection with Weld county road 64; then east along Weld county road 64 to the point
of intersection with Weld county road 43; then south along Weld county road 43 to the point
of intersection with Weld county road 62; then east along Weld county road 62 to the point
of intersection with Weld county road 49; then south along Weld county road 49 to the point
of intersection with the south boundary line of section 13, township five north, range
sixty-five west; then west along the south boundary line of section 13, township five norm,
range sixty-five west, section 14, township five north, range sixty-five west, and section 15,
township five north, range sixty-five west; then, from the southwest corner of section 15,
township five west, range sixty-five west, south along the east boundary line of section 21,
township five north, range sixty-five west, and section 28, township five north, range
sixty-five west; then west along the south boundary line of section 28, township five norm,
range sixty-five west; then south along the east boundary line of section 32, township five
norm, range sixty-five west, and section 5, township four north, range sixty-five west; then
west along the south boundary line of section 5, township four north, range sixty-five west,
section 6, township four norm, range sixty-five west, and section 1, township four north,
range sixty-six west; then north along the west boundary line of section 1, township four
norm, range sixty-six west, and section 36, township five north, range sixty-six west; then,
from the point of intersection of the west boundary line of section 36, township five north,
range sixty-six west and Weld county road 52, west along Weld county road 52 to the point
of intersection with Weld county road 27; then north along Weld county road 27 to the point
of intersection with the south boundary line of section 18, township five north, range
sixty-six west; then west along the south boundary line of section 18, township five norm,
range sixty-six west, section 13, township five north, range sixty-seven west, and section 14,
township five north, range sixty-seven west; then north along the west boundary line of
section 14, township five north, range sixty-seven west, section 11, township five north,
range sixty-seven west, and section 2, township five north, range sixty-seven west; then east
along the north boundary line of section 2, township five north, range sixty-seven west,
section 1, township five north, range sixty-seven west, section 6, township five north, range
sixty-six west, and section 5, township five north, range sixty-six west; then, from the
northeast corner of section 5, township five north, range sixty-six west, north along the west
boundary line of section 33, township six north, range sixty-six west, section 28, township
six north, range sixty-six west, and section 21, township six north, range sixty-six west, to
the point of beginning.
(9) "Smoke limit*' means the maximum amount of allowable smoke opacity level as
established by the commission.
Source: L. 94: Entire title amended with relocations, p. 2315, § 1, effective January 1,
1995. L. 2003: (6.3) and (6.7) added and (7) amended, p. 1024, § 2, effective August 6.
L. 2005: (5) amended, p. 1175, § 15, effective August 8. L. 2009: (8) amended, (SB
09-003), ch. 322, p. 1718, § 4, effective June 1. L. 2010: (5) amended, (SB 10-212), ch.
412, p. 2038, § 18, effective July 1. L. 2011: (5) amended, (SB 11-031), ch. 86, p. 247,
§ 13, effective August 10.
Editor's note: This section is similar to former § 25-7-601 as it existed prior to 1994, and the
former § 42-4-401 was relocated to § 42-4-501.
42-4-402. Administration of inspection program. The department shall have respon-
sibility for administering the diesel inspection program in accordance with the authority
exercised by the executive director under the provisions of this part 4.
Title 42 - page 355 Regulation of Vehicles and Traffic 42-4-403
Source: L. 94: Entire title amended with relocations, p. 2316, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1643, § 28, effective June 1.
Editor's note: This section is similar to former § 25-7-601.5 as it existed prior to 1994, and the
former § 42-4-402 was relocated to § 42-4-502.
42-4-403. Powers and duties of the commission. (1) The commission shall be
responsible for the adoption of rules and regulations which are necessary to implement the
diesel inspection program including:
(a) Regulations governing procedures for:
(I) Testing and licensing of diesel emissions inspectors;
(II) Licensure of diesel emission inspection stations;
(ID) Standards and specifications for the approval, operation, calibration, and certifi-
cation of exhaust smoke opacity meters;
(IV) Proper performance of diesel opacity inspections and emissions system control
inspections;
(b) Issuance of the following types of certifications of emissions control by licensed
diesel emission inspectors:
(1) A certification of diesel smoke opacity compliance if, at the time of inspection, the
smoke opacity from a diesel vehicle is in compliance with the applicable smoke opacity
limits;
(II) A certification of diesel smoke opacity waiver if, at the time of inspection, the
smoke opacity from a diesel vehicle does not comply with the applicable smoke opacity
limits but such vehicle is adjusted or repaired to specifications as provided by regulation of
the commission;
(ID) A temporary certification of diesel smoke opacity compliance for diesel vehicles
required to be repaired, if such repairs are delayed due to the unavailability of needed parts.
The results of the initial smoke opacity test and final test shall be given to the owner of the
diesel vehicle and reported to the department of public health and environment
(2) (a) The commission shall promulgate and from time to time revise regulations on
inspection-procedures and smoke opacity limits when such procedures and limits have been
proven cost-effective and air pollution control-effective on the basis of best available
scientific research.
(b) Smoke limits shall not require unreasonable levels of emissions performance for a
properly operated and maintained diesel vehicle of a given model year and technology, and
such smoke limits shall be no less than twenty percent for five seconds minimum.
(c) The commission may also develop peak smoke opacity limits, but such limits shall
not be less than forty percent for less than one second.
(d) Notwithstanding any other provisions of this subsection (2), for inspections con-
ducted between January 1, 1990, and December 31, 1990, the smoke opacity limits shall be
forty percent for five seconds minimum, and no diesel vehicle shall fail the smoke opacity
inspection for peak limits.
(3) (a) The commission shall annually evaluate the diesel inspection program to
determine but not limit the number of diesel vehicles which fail to meet the applicable
smoke opacity limits after adjustments and repairs.
(b) If the commission finds that a significant number of diesel vehicles do not meet the
applicable smoke opacity limits after adjustments or repairs are made, the commission shall
develop recommendations designed to improve the air pollution control-effectiveness of the
diesel inspection program in a cost-effective manner and shall submit such recommenda-
tions to the general assembly.
(4) In addition to any other authority granted under this section, the commission shall
adopt regulations requiring each licensed diesel emissions inspection station to post, at the
station, in a clearly legible manner and in a conspicuous place, the fee which shall be
charged for performing a diesel emission-opacity inspection.
(5) The commission may exempt diesel vehicles of any make, model, or model year
from the provisions of the diesel inspection program when inspection would be inappro-
42-4-404 Vehicles and Traffic Title 42 - page 356
priate for such vehicles. The exemption may include diesel vehicles which are required to
be registered and inspected January, 1990.
(6) (a) Notwithstanding any other provisions to the contrary, the commission shall not
have authority to adopt emission standards or implement an inspection and maintenance
program that would result in emission requirements or an in-use testing or compliance
demonstration that would be more stringent than the emission standards and test procedures
adopted by the United States environmental protection agency for the corresponding model
year and class of vehicle or engine.
(b) The commission shall determine by accepted scientific analysis that any emission
standards and in-use test procedures it may adopt shall be designed so that any engine or
vehicle which would pass the appropriate federal certification test shall also pass the
inspection and maintenance test adopted by the commission for that engine or vehicle.
Source: L. 94: Entire title amended with relocations, p. 2316, § 1, effective January 1,
1995. L. 2003: (2)(c) amended, p. 1025, § 4, effective August 6.
Editor's note: This section is similar to former § 25-7-602 as it existed prior to 1994, and the
former § 42-4-403 was relocated to § 42-4-503.
42-4-404. Powers and duties of the executive director of the department of public
health and environment (1) (a) The executive director of the department of public
health and environment, referred to in this section as the "executive director", shall develop
a program for the training, testing, and retesting of diesel emissions inspectors, which
program may be funded by tuition charged to the participants.
(b) Those persons who successfully complete the testing set forth in paragraph (a) of
this subsection (1) shall be recommended to the department of revenue for licensure.
(2) The executive director shall instruct the department of revenue to issue a license as
a diesel inspection station to one or more parties with either new or existing diesel
emissions inspection facilities. Such instruction shall be based on, among other factors:
(a) Any requirements for licensure set by the commission by rule and regulation
pursuant to section 42-4-403;
(b) The requirements set forth in section 42-4-407;
(c) The geographical coverage which would result for licensing the station.
(d) Repealed.
(3) (a) The executive director shall continuously evaluate the diesel emissions inspec-
tion program. Such evaluation shall be based on continuing research conducted by the
department of public health and environment and other engineering data and shall include
assessments of the cost-effectiveness and air pollution control effectiveness of the program.
(b) The executive director shall submit such evaluation and any recommendations for
program changes to the general assembly by December 1 of each year, in order that the
general assembly may annually review the diesel emissions inspection program.
(4) The executive director shall implement an ongoing project designed to inform the
public concerning the operation of the diesel emissions inspection program and the benefits
to be derived from such program. The executive director shall also prepare a handbook
which shall explain the diesel emissions inspection program, the owner's or operator's
responsibilities under the program, the licensure of stations and inspectors, and any other
aspects of the program which the executive director determines would be beneficial to the
public. In addition to the distribution of such handbook, the executive director shall actively
seek the assistance of the electronic and print media in communicating information to the
public on the operation of the inspection program and shall utilize any other means of
disseminating such information which may be likely to effectuate the purpose of such
program.
(5) The executive director may establish and operate technical or administrative
centers, if necessary, for the proper administration of the diesel inspection program or may
utilize existing centers established for the AIR program pursuant to section 42-4-307.
(6) Repealed.
Title 42 -page 357 Regulation of Vehicles and Traffic 42-4-406
Source: L. 94: Entire title amended with relocations, p. 2317, § 1, effective January 1,
1995. L. 98: (6) added, p. 1015, § 2, effective August 5. L. 2000: (2)(d)(H) added by
revision, pp. 1764, 1765, §§ 2, 3. L. 2003: (6) repealed, p. 1026, § 6, effective August 6.
Editor's note: (1) This section is similar to former § 25-7-602.5 as it existed prior to 1994, and
the former § 42-4-404 was relocated to § 42-4-504.
(2) Subsection (2)(d)(H) provided for the repeal of subsection (2)(d), effective July 1, 2001. (See
L. 2000, pp. 1764, 1765.)
42-4-405. Powers and duties of executive director. (1) The executive director is
authorized to issue, deny, cancel, suspend, or revoke licensure for, and shall furnish
instructions and all necessary forms to, diesel emissions inspection stations and inspectors.
Fees for such licenses shall be established by regulations promulgated by the executive
director.
(2) The executive director shall supervise the activities of licensed diesel emissions
inspection stations and inspectors and shall cause inspections to be made of such stations
and records and such inspectors for compliance with licensure requirements. The accuracy
of a licensed station's smoke opacity meters shall be inspected not less than once every
sixty days.
(3) The executive director shall require the surrender of any license which has been
issued upon the cancellation, suspension, or revocation of the license for a violation of any
of the provisions or of any of the regulations of the diesel emissions inspection program
established pursuant to this part 4.
(4) The executive director shall adopt regulations for the administration and operation
of diesel emissions inspection stations and for the issuance, identification, and use of
certifications of emissions control and shall adopt such rules and regulations as may be
necessary to improve the effectiveness of the diesel emissions inspection program.
(5) (a) On and after January 1, 1991, the executive director shall hold hearings
annually concerning the maximum inspection fee in order to ascertain whether such fee
provides fair compensation for performing diesel emission-opacity inspections and repre-
sents an equitable charge to the consumer for such inspection.
(b) Repealed.
Source: L. 94: Entire tide amended with relocations, p. 2319, § 1, effective January 1,
1995. L. 2002: (5)(b) repealed, p. 871, § 8, effective August 7.
Editor's note: This section is similar to former § 25-7-603 as it existed prior to 1994, and the
former § 42-4-405 was relocated to § 42-4-506.
42-4-406. Requirement of certification of emissions control for registration -
testing for diesel smoke opacity compliance. (1) (a) A diesel vehicle in the program
area that is registered or required to be registered pursuant to article 3 of this title, routinely
operates in the program area, or is principally operated from a terminal, maintenance
facility, branch, or division located within the program area shall not be sold, registered for
the first time, or reregistered unless such vehicle has been issued a certification of emissions
control within:
(I) The past twelve months if the motor vehicle is a heavy-duty diesel vehicle that is
over ten model years old;
(II) The last twenty-four months if the motor vehicle is a heavy-duty diesel vehicle that
is ten model years old or newer;
(ID) The last twelve months if the motor vehicle is a light-duty diesel vehicle that is at
least ten model years old or that is model year 2003 or older, or
(IV) The last twenty-four months if the motor vehicle is a light-duty diesel vehicle that
is ten model years old or newer and that is model year 2004 or newer.
(b) (I) A certification of emissions control shall be issued to any diesel vehicle that has
been inspected and tested pursuant to subsection (2) of this section for diesel smoke opacity
42-4-407 Vehicles and Traffic Title 42 - page 358
compliance and was found at such time to be within the smoke opacity limits established
by the commission.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b), new
diesel vehicles, required under this section to have a certification of emissions control, shall
be issued a certification of emissions compliance without inspection or testing. Prior to the
expiration of such certification, such vehicle shall be inspected and a certification of
emissions control shall be obtained for diesel smoke opacity compliance. Such certificate
shall expire on the earliest to occur of the following:
(A) The anniversary of the day of the issuance of such certification when such vehicle
has reached its fourth model year if it is a light-duty diesel vehicle;
(B) The anniversary of the day of the issuance of such certification when such vehicle
has reached its fourth model year if it is a heavy-duty diesel vehicle; or
(C) On the date of the transfer of ownership if such date is within twelve months before
such certification would expire pursuant to sub-subparagraph (A) or (B) of this subpara-
graph (II), unless such transfer of ownership is a transfer from the lessor to the lessee.
(2) (a) On or after January 1, 1990, all heavy duty diesel vehicles in the program area
not subject to the provisions of section 42-4-414, with fleets of nine or more, shall be
required to be tested for diesel smoke opacity compliance at a licensed diesel inspection
station by submitting to loaded mode opacity testing utilizing dynamometers or on-road
tests as prescribed by the commission.
(b) Light-duty diesel vehicles in the program area shall be required to be tested for
diesel smoke opacity compliance at a licensed diesel inspection station by submitting to
loaded mode opacity testing utilizing dynamometers.
Source: L. 94: Entire title amended with relocations, p. 2319, § 1, effective January 1,
1995. L. 95: (l)(a) amended, p. 954, § 11, effective May 25. L. 97: (l)(b)(H) amended,
p. 120, § 1, effective August 6. L. 2003: (l)(a), (l)(b)(II), and (2)(b) amended, p. 1024,
§ 3, effective August 6. L. 2004: (l)(b) amended, p. 252, § 1, effective July 1. L. 2006:
(l)(a) and (l)(b)(II)(A) amended, p. 915, § 1, effective July 1, 2007.
Editor's note: This section is similar to former § 25-7-604 as it existed prior to 1994, and the
former § 42-4-406 was relocated to § 42-4-507.
42-4-407. Requirements for a diesel emission-opacity inspection - licensure as
diesel emissions inspection station - licensure as emissions inspector. (1) A diesel
emission-opacity inspection shall not be performed, nor shall a certification of diesel
emissions control be issued unless such inspection was performed at a licensed diesel
inspection station or self-certification fleet station as defined in section 42-4-414 by a
licensed diesel emissions inspector.
(2) No station shall be licensed as a diesel emissions inspection station unless the
executive director finds that:
(a) The facilities of the station are of adequate size and the station is properly equipped.
Such equipment shall include:
(I) A smoke opacity meter which may be owned or leased and which has been approved
as being in good working order by the executive director and has been registered with the
department of public health and environment;
(H) Any other equipment or testing devices which are required by rule or regulation of
the commission;
(b) The owner or operator of the station has one or more licensed diesel emission
inspectors employed or under contract and such inspectors are responsible for all diesel
emission-opacity inspections and the issuance of all certifications of emissions control;
(c) Inspection procedures shall be properly conducted and shall include a smoke
opacity inspection. For model years 1991 and newer, inspection procedures shall include
evaluation of applicable emissions control systems.
(3) Applications for licensure as a diesel inspection station shall be made on forms
prescribed by the executive director.
Title 42 - page 359 Regulation of Vehicles and Traffic 42-4-409
(4) No person shall be licensed as a diesel emissions inspector unless the person has
demonstrated necessary skills and competence in the performance of diesel inspection by
passing a qualification test developed and administered by the executive director of the
department of public health and environment .
Source: L. 94: Entire title amended with relocations, p. 2320, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 25-7-605 as it existed prior to 1994, and the
former § 42-4-407 was relocated to § 42-4-508.
42-4-408. Operation of diesel inspection station. (1) (a) A licensed diesel inspec-
tion station shall issue a certification of diesel emissions control to a diesel vehicle only
upon forms issued by the executive director.
(b) A certification of diesel emissions control shall be issued by a licensed diesel
inspection station to a diesel vehicle only after the licensed diesel emission inspector
performing the inspection determines that:
(1) The smoke opacity levels from the diesel vehicle comply with the applicable smoke
opacity limits, in which case a certification of diesel emission compliance shall be issued;
(II) The smoke opacity levels from the diesel vehicle do not comply with the applicable
smoke opacity limits after adjustment or repair required in accordance to commission rules
have been performed, in which case a certification of diesel smoke opacity waiver shall be
issued.
(2) Notwithstanding the provisions of subsection (1) of this section, no certification of
diesel emissions control may be issued to a diesel vehicle of model year 1991 and newer
if there is evidence of diesel emissions control system tampering.
(3) A licensed diesel emissions inspection station shall charge a fee as set by the
commission for the inspection of any diesel vehicle pursuant to this section. Such fee shall
be intended to encompass all costs related to the inspection, including those costs incurred
by the inspection station, the department of revenue, and the department of public health
and environment. No fee that is charged pursuant to this section shall exceed the posted
hourly shop rate for one hour. Such fee shall be posted by the inspection station pursuant
to regulations set by the commission. Personnel within the testing inspection station shall
notify the owner of the diesel vehicle to be tested of the fee before commencing any testing
activities.
Source: L. 94: Entire tide amended with relocations, p. 2321, § 1, effective January 1,
1995. L. 2000: (3) amended, p. 1764, § 1, effective February 1, 2001.
Editor's note: This section is similar to former § 25-7-606 as it existed prior to 1994, and the
former § 42-4-408 was relocated to § 42-4-509.
42-4-409. Improper representation of a diesel inspection station. (1) The execu-
tive director shall have the authority to suspend or revoke the diesel inspection license and
unused certification of diesel emissions control forms held by a licensed inspection station
for the following reasons:
(a) The station is not equipped as required;
(b) The station is not operating from a location for which licensure was granted;
(c) The licensed location has been altered so that it no longer qualifies as a diesel
inspection station;
(d) Diesel inspections are not being performed with applicable laws, rules, or regula-
tions of the commission or the executive director.
(2) The executive director shall also have authority to suspend or revoke the license of
a diesel emissions inspector and require surrender of such license when the executive
director determines that the inspector is not qualified to perform the diesel inspection or
when inspections do not comply with applicable laws and the rules and regulations of the
executive director or commission.
42-4-410 Vehicles and Traffic Title 42 - page 360
Source: L. 94: Entire title amended with relocations, p. 2321, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 25-7-607 as it existed prior to 1994, and the
former § 42-4-409 was relocated to § 42-4-510.
42-4-410. Inclusion in the diesel inspection program. (1) (a) Any home rule city,
town, or county shall be included in the diesel inspection program set forth in this part 4
upon request by the governing body of such local government to the department of revenue
and the department of public health and environment.
(b) When such a request is made, the departments and governing body shall agree to a
start-up date for the diesel inspection program in such areas. Such a date shall be
administratively practical and agreed to by the departments.
(c) On or after the dates agreed to pursuant to paragraph (b) of this subsection (1),
diesel vehicles which are registered in the area shall be inspected and shall be required to
comply with the provisions of this part 4 and rules and regulations adopted pursuant thereto
as if such area was included in the program area.
(2) The executive directors of the departments of revenue and health and the commis-
sion shall perform all functions and exercise all phases related to the diesel emissions
inspection program that they are otherwise required to perform under this part 4 in areas
included in the program pursuant to this section.
Source: L. 94: Entire title amended with relocations, p. 2322, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 25-7-608 as it existed prior to 1994, and the
former § 42-4-410 was relocated to § 42-4-106.
42-4-411. Applicability of this part to heavy-duty diesel fleets of nine or more.
Diesel-powered motor vehicles subject to the provisions of section 42-4-414 shall not be
subject to the diesel emissions inspection program set forth in this part 4 unless the
conditions set forth in section 42-4-414 (3) (c) have been met.
Source: L. 94: Entire tide amended with relocations, p. 2322, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 25-7-609 as it existed prior to 1994, and the
former § 42-4-411 was relocated to § 42-4-512.
42-4-412. Air pollution violations. (1) (a) A person commits a class 2 petty offense,
as specified in section 18-1.3-503, C.R.S., if the person causes or permits the emission into
the atmosphere from:
(1) Any motor vehicle, including a motorcycle, powered by gasoline or any fuel except
diesel of any visible air pollutant as defined in section 25-7-103 (1.5), C.R.S.;
(II) Any diesel-powered motor vehicle, of any visible air pollutant, as defined in section
25-7-103 (1.5), C.R.S., which creates an unreasonable nuisance or danger to the public
health, safety, or welfare.
(b) Violations of this section may be determined by visual observations, including the
snap acceleration opacity test, or by test procedures using opacity measurements.
(c) The provisions of paragraph (a) of this subsection (1) shall not apply to emissions
caused by cold engine start-up.
(2) (a) The air quality control commission shall determine the minimum emission level
of visible air pollutants from diesels which shall be considered to create an unreasonable
nuisance or danger to the public health, safety, and welfare. Such minimum emission level
shall be based on smoke levels attainable by correctly operated and maintained in-use diesel
vehicles, considering altitude and other reasonable factors affecting visible smoke levels. In
Title 42 -page 361 Regulation of Vehicles and Traffic 42-4-413
no case shall such level be less than twenty percent opacity when observed for five seconds
or more. On interstate highways, opacity may be observed for ten seconds. Standards for
transient conditions with no time limit shall also be established. Not later than December
1, 1979, the division shall develop a training course and qualification test designed to enable
peace officers and environmental officers to ascertain violations of such standards without
reference to opacity levels and to distinguish between air pollutants as defined in section
25-7-103 (1.5), C.R.S., and steam or water vapor.
(b) (I) The Colorado state patrol of the department of public safety shall offer the
training course and qualification test.
(II) (Deleted by amendment, L. 96, p. 1263, § 171, effective August 7, 1996.)
(3) (a) This section shall apply only to motor vehicles intended, designed, and man-
ufactured primarily for use in carrying passengers or cargo on roads, streets, and highways.
(b) Subparagraph (II) of paragraph (a) of subsection (1) of this section shall apply to all
areas of the state except the program area, which program area shall be subject to section
42-4-413.
(4) (a) Effective January 1, 1980, the offense of causing air pollution pursuant to this
section, upon conviction, is punishable by a fine of twenty-five dollars.
(b) Subsequent offenses involving the same motor vehicle within one year of a
conviction under the provisions of paragraph (a) of this subsection (4), upon conviction,
shall be punishable by a fine of one hundred dollars.
(c) Any owner who receives a citation under the provisions of this section may continue
to use the vehicle for which the offense is alleged, without restriction, until such owner's
conviction.
(d) Any fines collected pursuant to the provisions of this subsection (4) shall be divided
in equal amounts and transmitted to the treasurer of the local jurisdiction in whose name the
penalty was assessed and to the state treasurer for credit to the general fund.
Source: L. 94: Entire title amended with relocations, p. 2322, § 1, effective January 1,
1995. L. 95: (l)(a) amended, p. 955, § 12, effective May 25. L. 96: (2) amended, p. 1263,
§ 171, effective August 7. L. 2002: IP(l)(a) amended, p. 1561, § 366, effective October
1. L. 2003: (lXb) and (4)(c) amended, p. 1025, § 5, effective August 6. L. 2009: (3Xb)
amended, (SB 09-003), ch. 322, p. 1720, § 5, effective June 1.
Editor's note: This section is similar to former § 18-13-110 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 1996 act amending subsection
(2), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration
contained in the 2002 act amending the introductory portion to subsection (l)(a), see section 1 of
chapter 318, Session Laws of Colorado 2002.
42-4-413. Visible emissions from diesel-powered motor vehicles unlawful - penally.
(1) (a) Effective January 1, 1987, no owner or operator of a diesel-powered vehicle shall
cause or knowingly permit the emission from the vehicle of any visible air contaminants
that exceed the emission level as described in section 42-4-412 (2) (a) within the program
area.
(b) As used in this section:
(1) "Air contaminant" means any fume, odor, smoke, particulate matter, vapor, gas, or
combination thereof, except water vapor or steam condensate.
(II) "Emission" means a discharge or release of one or more air contaminants into the
atmosphere.
(HI) "Opacity" means the degree to which an air contaminant emission obscures the
view of a trained observer, expressed in percentage of the obscuration or the percentage to
which transmittance of light is reduced by an air contaminant emission.
(IV) "Trained observer" means a person who is certified by the department of public
health and environment as trained in the determination of opacity.
(2) (a) A police officer or other peace officer who is a trained observer, or an
environmental officer employed by a local government and certified by the department of
42-4-414 Vehicles and Traffic Title 42 - page 362
public health and environment to determine opacity, at any time upon reasonable cause,
may issue a summons personally to the operator of a motor vehicle emitting visible air
contaminants in violation of paragraph (a) of subsection (1) of this section.
(b) (I) Any owner or operator of a diesel-powered motor vehicle receiving the sum-
mons issued pursuant to paragraph (a) of this subsection (2) or mailed pursuant to
subparagraph (II) of paragraph (d) of mis subsection (2) shall comply therewith and shall
secure a certification of opacity compliance from a state emissions technical center that such
vehicle conforms to the requirements of this section. Said certification shall be returned to
the owner or operator for presentation in court as provided in paragraph (c) of this
subsection (2).
(II) A fee of not more than six dollars and fifty cents shall be charged by emission
technical centers for a certification of opacity compliance inspection and the certificate of
no-smoke. Such fee shall be transmitted to the state treasurer, who shall credit the same to
the AIR account established in section 42-4-311 (3) (b).
(c) (I) Any owner who violates any provision of this section is guilty of a misdemeanor
traffic offense and, upon conviction thereof, except as provided in subparagraph (II) of this
paragraph (c), shall be punished by a fine of one hundred dollars, payable within thirty days
after conviction.
(II) If the owner submits to the court of competent jurisdiction within thirty days after
the issuance of the summons proof that the owner has disposed of the vehicle for junk parts
or immobilized the vehicle and if the owner also submits to the court within such time the
registration and license plates for the vehicle, the owner shall be punished by a fine of
twenty-five dollars. If the owner wishes to relicense the vehicle in the future, the owner
shall obtain the certification required in paragraph (b) of this subsection (2).
(d) (I) Any nonowner operator who violates any provision of this section is guilty of
a misdemeanor traffic offense and, upon conviction thereof, except as provided in subpara-
graph (IT) of this paragraph (d), shall be punished by a fine of one hundred dollars, payable
within thirty days after conviction.
(II) If the operator submits to the court of competent jurisdiction within thirty days after
the issuance of the summons proof that the operator was not the owner of the vehicle at the
time the summons was issued and that the operator mailed, within five days after issuance
thereof, a copy of the notice and summons by certified mail to the owner of the vehicle at
the address on the registration, the operator shall be punished by a fine of twenty-five
dollars.
(e) Upon a showing of good cause that compliance with this section cannot be made
within thirty days after issuance of the notice and summons, the court of competent
jurisdiction may extend the period of time for compliance as may appear justified.
(f) The owner or operator, in lieu of appearance, may submit to the court of competent
jurisdiction, within thirty days after the issuance of the notice and summons, the certifica-
tion or proof of mailing specified in this subsection (2) together with the fine of twenty-five
dollars.
(3) Any fine collected pursuant to the provisions of this section shall be transmitted to
the treasurer of the local jurisdiction in which the violation occurred.
Source: L. 94: (l)(b)(IV) and (2)(a) amended, p. 2814, § 592, effective July 1; entire
title amended with relocations, p. 2324, § 1, effective January 1, 1995. L. 2009: (l)(a)
amended, (SB 09-003), ch. 322, p. 1720, § 6, effective June 1.
Editor's note: (1) This section is similar to former § 42-4-319 as it existed prior to 1994.
(2) Amendments to subsections (l)(b)(IY) and (2)(a) by House Bill 94-1029 were harmonized
with Senate Bill 94-001, effective January 1, 1995.
42-4-414. Heavy-duty diesel fleet inspection and maintenance program - penalty -
rules. (1) The commission shall develop and implement, effective January 1, 1987, a fleet
inspection and maintenance program for diesel-powered motor vehicles of more than
fourteen thousand pounds gross vehicle weight rating. Regional transportation district
Title 42 - page 363 Regulation of Vehicles and Traffic 42-4-414
buses, state, county, and municipal vehicles, and private diesel fleets shall participate in the
program through self-certification inspection procedures as developed by the commission.
(2) (a) The commission shall promulgate rules requiring owners of diesel-powered
motor vehicles, registered in the program area, routinely operated in the program area or
principally operated from a terminal, maintenance facility, branch, or division located
within the program area, and subject to the provisions of this section, to bring such vehicles
into compliance with existing opacity standards set forth in section 42-4-412. Such rules
and regulations shall be strictly construed, shall require no more than normal and reasonable
maintenance practices, and shall not require additional fees or loaded mode testing
equipment Owners of fleets shall test opacity standards on a periodic basis.
(b) Such test shall use an opacity meter for such vehicles that are greater than ten model
years old, but may use an automated opacity metering protocol for such vehicles that are
less than or equal to ten model years old and of model year 1995 or newer.
(c) Such rules shall exempt a new diesel vehicle from testing until such vehicle has
reached its second model year if it is a light-duty diesel vehicle, its fourth model year if it
is a heavy-duty diesel vehicle, or until the date of the transfer of ownership prior to such
expiration if such transfer is within twelve months before such exemption ends.
(d) Such rules shall provide for the testing of diesel vehicles every:
(1) Twelve months unless subparagraph (Q) of this paragraph (d) applies; or
(II) The last twenty-four months if such vehicle is a heavy-duty diesel vehicle, equal to
or less than ten model years old, and of model year 1995 or newer.
(2.5) An owner of a fleet registered in the program area may certify to the executive
director or the executive director's designee, in a form and manner required by the
executive director, that a diesel vehicle registered in the program area is physically based
and principally operated from a terminal, division, or maintenance facility outside the
program area. Any diesel vehicle registered in the program area, but certified to be
physically based and principally operated from a terminal, division, or maintenance facility
outside the program area, is exempt from this section. The commission shall promulgate
rules to administer this subsection (2.5).
(3) (a) and (b) (Deleted by amendment, L. 2003, p. 1023, § 1, effective August 6,
2003.)
(c) On or after January 1, 1990, in addition to any other penalty set forth in this
subsection (3), any owner who is subject to the provisions of this section and who commits
an excessive violation of this section twice in a twelve-month period shall be subject to the
provisions of this part 4. For purposes of this paragraph (c), "excessive violation" shall be
that definition recommended by the governor's blue ribbon diesel task force in 1988 and
thereafter adopted by the air quality control commission, or, if such task force does not
make a recommendation, "excessive violation" shall be that definition adopted by the air
quality control commission.
(4) As used in this section, "fleet" means nine or more diesel-powered motor vehicles.
Source: L. 94: (2) and (3)(b) amended, p. 2814, § 593, effective July 1; entire title
amended with relocations, p. 2325, § 1, effective January 1, 1995. L. 2003: (1), (2), (3)(a),
and (3)(b) amended, p. 1023, § 1, effective August 6. L. 2004: (2)(c) amended, p. 253,
§ 2, effective July 1. L. 2011: (2.5) added, (HB 11-1157), ch. 259, p. 1134, § 1, effective
August 10.
Editor's note: (1) This section is similar to former § 42-4-320 as it existed prior to 1994.
(2) Amendments to subsections (2) and (3)(b) by House Bill 94-1029 were harmonized with
Senate Bill 94-001.
PART 5
SIZE - WEIGHT - LOAD
Cross references: For penalties for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
42-4-501 Vehicles and Traffic Title 42 - page 364
42-4-501. Size and weight violations - penalty. Except as provided in section
42-4-509, it is a traffic infraction for any person to drive or move or for the owner to cause
or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size
or weight exceeding the limitations stated in sections 42-4-502 to 42-4-512 or otherwise in
violation of said sections or section 42-4-1407, except as permitted in section 42-4-510. The
maximum size and weight of vehicles specified in said sections shall be lawful throughout
this state, and local authorities shall have no power or authority to alter said limitations,
except as express authority may be granted in section 42-4-106.
Source: L. 94: Entire title amended with relocations, p. 2326, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 1031, § 65, effective August 6.
Editor's note: This section is similar to former § 42-4-401 as it existed prior to 1994, and the
former § 42-4-501 was relocated to § 42-4-104.
42-4-502. Width of vehicles. (1) The total outside width of any vehicle or the load
thereon shall not exceed eight feet six inches, except as otherwise provided in this section.
(2) (a) A load of loose hay, including loosely bound, round bales, whether horse drawn
or by motor, shall not exceed twelve feet in width.
(b) A vehicle and trailer may transport a load of rectangular hay bales if such vehicle
and load do not exceed ten feet six inches in width.
(3) It is unlawful for any person to operate a vehicle or a motor vehicle which has
attached thereto in any manner any chain, rope, wire, or other equipment which drags,
swings, or projects in any manner so as to endanger the person or property of another.
(4) The total outside width of buses and coaches used for the transportation of
passengers shall not exceed eight feet six inches.
(5) (a) The total outside width of vehicles as included in this section shall not be
construed so as to prohibit the projection beyond such width of clearance lights, rearview
mirrors, or other accessories required by federal, state, or city laws or regulations.
(b) The width requirements imposed by subsection (1) of this section shall not include
appurtenances on recreational vehicles, including but not limited to motor homes, travel
trailers, fifth wheel trailers, camping trailers, recreational park trailers, multipurpose trailers,
and truck campers, all as defined in section 24-32-902, C.R.S., so long as such recreational
vehicle, including such appurtenances, does not exceed a total outside width of nine feet six
inches.
(6) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2327, § 1, effective January 1,
1995. L. 2002: (2)(b) and (5) amended, p. 404, § 1, effective August 7. L. 2008: (5)(b)
amended, p. 638, § 4, effective August 5.
Editor's note: This section is similar to former § 42-4-402 as it existed prior to 1994, and the
former § 42-4-502 was relocated to § 42-4-601.
Cross references: For the definition of "multipurpose trailers", see § 42-1-102.
42-4-503. Projecting loads on passenger vehicles. No passenger-type vehicle, except
a motorcycle, a bicycle, or an electrical assisted bicycle shall be operated on any highway
with any load carried thereon extending beyond the line of the fenders on the left side of
such vehicle nor extending more than six inches beyond the line of the fenders on the right
side thereof. Any person who violates this section commits a class B traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2327, § 1, effective January 1,
1995. L. 2009: Entire section amended, (HB 09-1026), ch. 281, p. 1277, § 51, effective
October 1.
Title 42 - page 365 Regulation of Vehicles and Traffic 42-4-504
Editor's note: This section is similar to former § 42-4403 as it existed prior to 1994, and the
former § 42-4-503 was relocated to § 42-4-602.
42-4-504. Height and length of vehicles. (1) No vehicle unladen or with load shall
exceed a height of thirteen feet; except that vehicles with a height of fourteen feet six inches
shall be operated only on highways designated by the department of transportation.
(2) No single motor vehicle shall exceed a length of forty-five feet extreme overall
dimension, inclusive of front and rear bumpers. The length of vehicles used for the mass
transportation of passengers wholly within the limits of a town, city, or municipality or
within a radius of fifteen miles thereof may extend to sixty feet. The length of school buses
may extend to forty feet.
(3) Buses used for the transportation of passengers between towns, cities, and munic-
ipalities in the state of Colorado may be sixty feet extreme overall length, inclusive of front
and rear bumpers but shall not exceed a height of thirteen feet six inches, if such buses are
equipped to conform with the load and weight limitations set forth in section 42-4-508;
except that buses with a height of fourteen feet six inches which otherwise conform to the
requirements of this subsection (3) shall be operated only on highways designated by the
department of transportation.
(4) No combination of vehicles coupled together shall consist of more than four units,
and no such combination of vehicles shall exceed a total overall length of seventy feet Said
length limitation shall not apply to unladen truck tractor-semitrailer combinations when the
semitrailer is fifty-seven feet four inches or less in length or to unladen truck tractor-
semitrailer-trailer combinations when the semitrailer and the trailer are each twenty-eight
feet six inches or less in length. Said length limitations shall also not apply to vehicles
operated by a public utility when required for emergency repair of public service facilities
or properties or when operated under special permit as provided in section 42-4-510, but,
in respect to night transportation, every such vehicle and the load thereon shall be equipped
with a sufficient number of clearance lamps on both sides and marker lamps upon the
extreme ends of any projecting load to clearly mark the dimensions of such load.
(4.5) Notwithstanding the provisions of subsection (4) of this section, the following
combinations of vehicles shall not exceed seventy-five feet in total overall length:
(a) Saddlemount combinations consisting of no more than four units;
(b) Laden truck tractor-semitrailer combinations; and
(c) Specialized equipment used in combination for transporting automobiles or boats.
The overall length of such combination shall be exclusive of:
(I) Safety devices; however, such safety devices shall not be designed or used for
carrying cargo;
(II) Automobiles or boats being transported;
(HI) Any extension device that may be used for loading beyond the extreme front or
rear ends of a vehicle or combination of vehicles; except that the projection of a load,
including any extension devices loaded to the front of the vehicle, shall not extend more
than four feet beyond the extreme front of the grill of such vehicle and no load or extension
device may extend more than six feet to the extreme rear of the vehicle.
(5) The load upon any vehicle operated alone or the load upon the front vehicle of a
combination of vehicles shall not extend beyond the front wheels of such vehicles or vehicle
or the front most point of the grill of such vehicle; but a load may project not more than four
feet beyond the front most point of the grill assembly of the vehicle engine compartment of
such a vehicle at a point above the cab of the driver's compartment so long as that part of
any load projecting ahead of the rear of the cab or driver's compartment shall be so loaded
as not to obscure the vision of the driver to the front or to either side.
(6) The length limitations of vehicles and combinations of vehicles provided for in this
section as they apply to vehicles being operated and utilized for the transportation of steel,
fabricated beams, trusses, utility poles, and pipes shall be determined without regard to the
projection of said commodities beyond the extreme front or rear of the vehicle or
combination of vehicles; except that the projection of a load to the front shall be governed
by the provisions of subsection (5) of this section, and no load shall project to the rear more
than ten feet.
42-4-505 Vehicles and Traffic Title 42 - page 366
(7) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2327, § 1, effective January 1,
1995. L. 95: (4), (5), and (6) amended and (4.5) added, p. 471, § 4, effective July 1.
Editor's note: This section is similar to former § 42-4-404 as it existed prior to 1994, and the
former § 42-4-504 was relocated to § 42-4-603.
ANNOTATION
Law reviews. For article, "Interstate Legal
Barriers to Transportation in the Trans-Missouri
West", see U. Colo. L. Rev. 476 (1966).
42-4-505. Longer vehicle combinations - rules. (1) (a) Notwithstanding any other
provision of this article to the contrary, the department of transportation, in the exercise of
its discretion, may issue permits for the use of longer vehicle combinations. An annual
permit for such use may be issued to each qualified carrier company. The carrier company
shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle
combination; except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or
an authorized agent of the department of transportation may determine that the permit can
be electronically verified at the time of contact, a copy of the permit need not be in each
vehicle. The fee for the permit shall be two hundred fifty dollars per year.
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection
(1), the executive director of the department by rule or as otherwise provided by law may
reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to
reduce the uncommitted reserves of the fund to which all or any portion of the fee is
credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive
director of the department by rule or as otherwise provided by law may increase the amount
of the fee as provided in section 24-75-402 (4), C.R.S.
(c) The department shall provide the option to a company filing for a permit under this
section to file an express consent waiver that enables the company to designate a company
representative to be a party of interest for a violation of this section. The appearance of the
company representative in a court hearing without the operator when the operator has
signed such waiver shall not be deemed the practice of law in violation of article 5 of title
12, C.R.S.
(2) The permits shall allow operation, over designated highways, of the following
vehicle combinations of not more than three cargo units and neither fewer than six axles nor
more than nine axles:
(a) An unladen truck tractor, a semitrailer, and two trailers. A semitrailer used with a
converter dolly shall be considered a trailer. Semitrailers and trailers shall be of approxi-
mately equal lengths not to exceed twenty-eight feet six inches in length.
(b) An unladen truck tractor, a semitrailer, and a single trailer. A semitrailer used with
a converter dolly shall be considered a trailer. Semitrailers and trailers shall be of
approximately equal lengths not to exceed forty-eight feet in length. Notwithstanding any
other restriction set forth in this section, such combination may have up to eleven axles
when used to transport empty trailers.
(c) An unladen truck tractor, a semitrailer, and a single trailer, one trailer of which is
not more than forty-eight feet long, the other trailer of which is not more than twenty-eight
feet six inches long. A semitrailer used with a converter dolly shall be considered a trailer.
The shorter trailer shall be operated as the rear trailer.
(d) A truck and single trailer, having an overall length of not more than eighty-five feet,
the truck of which is not more than thirty-five feet long and the trailer of which is not more
than forty feet long. For the purposes of this paragraph (d), a semitrailer used with a
converter dolly shall be considered a trailer.
Title 42 -page 367 Regulation of Vehicles and Traffic 42-4-506
(3) (a) The long combinations are limited to interstate highway 25, interstate highway
76, interstate highway 70 west of its intersection with state highway 13 in Garfield county,
interstate highway 70 east of its intersection with U.S. 40 and state highway 26, the
circumferential highways designated 1-225 and 1-270, and state highway 133 in Delta
county from mile marker 8.9 to mile marker 9.7. The department of transportation shall
promulgate rules to provide carriers with reasonable ingress to and egress from such
designated highway segments.
(b) Upon action by the congress of the United States to lift the freeze imposed by the
federal "Intermodal Surface Transportation Efficiency Act of 1991*', Pub.L. 102-240, as
amended, concerning the use of longer vehicle combinations, either by the total freeze being
lifted by congress or by the approval of pilot projects to expand the use of longer vehicle
combinations by the states, the department of transportation shall undertake a process to
evaluate both interstate and state highways for possible authorization by the department of
additional highway segments for inclusion by the general assembly in paragraph (a) of this
subsection (3). During the review process, the department shall solicit input from all
relevant stakeholders and shall work within existing statutory and regulatory guidelines.
The department shall commence the review process within ninety days after action by
congress that would allow expansion of the longer vehicle combination route network in
Colorado.
(4) The department of transportation shall promulgate rules and regulations governing
the issuance of the permits, including, but not limited to, selection of carriers, driver
qualifications, equipment selection, hours of operation, and safety considerations; except
that they shall not include hazardous materials subject to regulation by the provisions of
article 20 of this title.
(5) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2329, § 1, effective January 1,
1995. L. 95: (2)(a) to (2)(c) amended, p. 473, § 5, effective July 1. L. 98: (1) amended,
p. 1358, § 113, effective June 1; (2)(b) amended, p. 1095, § 7, effective June 1. L. 2003:
(l)(a) amended, p. 581, § 1, effective January 1, 2004. L. 2004: (l)(a) amended, p. 1211,
§ 100, effective August 4. L. 2006: (l)(c) added, p. 309, § 1, effective July l.L. 2011: (3)
amended, (HB 11-1192), ch. Ill, p. 344, § 1, effective August 10.
Editor's note: This section is similar to former § 42-4-404.5 as it existed prior to 1994, and the
former § 42-4-505 was relocated to § 42-4-604.
42-4-506. Trailers and towed vehicles. (1) When one vehicle is towing another, the
drawbar or other connection shall be of sufficient strength to pull all weight towed thereby,
and said drawbar or other connection shall not exceed fifteen feet from one vehicle to the
other, except the connection between any two vehicles transporting poles, pipe, machinery,
or other objects of a structural nature which cannot readily be dismembered and except
connections between vehicles in which the combined lengths of the vehicles and the
connection does not exceed an overall length of fifty-five feet and the connection is of rigid
construction included as part of the structural design of the towed vehicle.
(2) When one vehicle is towing another and the connection consists of a chain, rope, or
cable, there shall be displayed upon such connection a white flag or cloth not less than
twelve inches square.
(3) Whenever one vehicle is towing another, in addition to the drawbar or other
connection, except a fifth wheel connection meeting the requirements of the department of
transportation, safety chains or cables arranged in such a way that it will be impossible for
the vehicle being towed to break loose from the vehicle towing in the event the drawbar or
other connection were to be broken, loosened, or otherwise damaged shall be used. This
subsection (3) shall apply to all motor vehicles, to all trailers, except semitrailers connected
by a proper fifth wheel, and to any dolly used to convert a semitrailer to a full trailer.
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
42-4-507 Vehicles and Traffic Title 42 - page 368
Source: L. 94: Entire title amended with relocations, p. 2330, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-405 as it existed prior to 1994, and the
former § 42-4-506 was relocated to § 42-4-605.
42-4-507. Wheel and axle loads. (1) The gross weight upon any wheel of a vehicle
shall not exceed the following:
(a) When the wheel is equipped with a solid rubber or cushion tire, eight thousand
pounds;
(b) When the wheel is equipped with a pneumatic tire, nine thousand pounds.
(2) The gross weight upon any single axle or tandem axle of a vehicle shall not exceed
the following:
(a) When the wheels attached to said axle are equipped with solid rubber or cushion
tires, sixteen thousand pounds;
(b) Except as provided in paragraph (b.5) of this subsection (2), when the wheels
attached to a single axle are equipped with pneumatic tires, twenty thousand pounds;
(b.5) When the wheels attached to a single axle are equipped with pneumatic tires and
the vehicle or vehicle combination is a digger derrick or bucket boom truck operated by an
electric utility on a highway that is not on the interstate system as defined in section
43-2-101 (2), C.R.S., twenty-one thousand pounds;
(c) When the wheels attached to a tandem axle are equipped with pneumatic tires,
thirty-six thousand pounds for highways on the interstate system and forty thousand pounds
for highways not on the interstate system.
(3) (a) Vehicles equipped with a self-compactor and used solely for the transporting of
trash are exempted from the provisions of paragraph (b) of subsection (2) of this section.
(b) After January 1, 1987, the provisions of this subsection (3) shall be reviewed at a
joint meeting of the senate transportation committee and the house transportation and
energy committee in order to determine the effects of such provisions.
(4) For the purposes of this section:
(a) A single axle is defined as all wheels, whose centers may be included within two
parallel transverse vertical planes not more than forty inches apart, extending across the full
width of the vehicle.
(b) A tandem axle is defined as two or more consecutive axles, the centers of which
may be included between parallel vertical planes spaced more than forty inches and not
more than ninety-six inches apart, extending across the full width of the vehicle.
(5) The gross weight upon any one wheel of a steel-tired vehicle shall not exceed five
hundred pounds per inch of cross-sectional width of tire.
(6) Any person who drives a vehicle or owns a vehicle in violation of any provision of
this section commits a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2330, § 1, effective January 1,
1995. L. 96: (2)(b) amended and (2)(b.5) added, p. 629, § 3, effective January 1, 1997.
L. 2003: (2)(b.5) amended, p. 670, § 1, effective March 20.
Editor's note: This section is similar to former § 42-4-406 as it existed prior to 1994, and the
former § 42-4-507 was relocated to § 42-4-606.
42-4-508. Gross weight of vehicles and loads. (1) Except as provided in subsection
(1.5) of this section, no vehicle or combination of vehicles shall be moved or operated on
any highway or bridge when the gross weight thereof exceeds the limits specified below:
(a) (I) The gross weight upon any one axle of a vehicle shall not exceed the limits
prescribed in section 42-4-507.
(II) Subject to the limitations prescribed in section 42-4-507, the gross weight of a
vehicle having two axles shall not exceed thirty-six thousand pounds.
(HI) Subject to the limitations prescribed in section 42-4-507, the gross weight of a
single vehicle having three or more axles shall not exceed fifty-four thousand pounds.
Title 42 - page 369 Regulation of Vehicles and Traffic 42-4-508
(b) Subject to the limitations prescribed in section 42-4-507, the maximum gross
weight of any vehicle or combination of vehicles shall not exceed that determined by the
formula W equals 1,000 (L plus 40), W = the gross weight in pounds, L = the length in
feet between the centers of the first and last axles of such vehicle or combination of
vehicles, but in computation of this formula no gross vehicle weight shall exceed eighty-five
thousand pounds. For the purposes of this section, where a combination of vehicles is used,
no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of
the combination of vehicles; except that these limitations shall not apply to specialized
trailers of fixed public utilities whose axles may carry less than ten percent of the weight
of the combination. The limitations provided in this section shall be strictly construed and
enforced.
(c) Notwithstanding any other provisions of this section, except as may be authorized
under section 42-4-510, no vehicle or combination of vehicles shall be moved or operated
on any highway or bridge which is part of the national system of interstate and defense
highways, also known as the interstate system, when the gross weight of such vehicle or
combination of vehicles exceeds the following specified limits:
(1) Subject to the limitations prescribed in section 42-4-507, the gross weight of a
vehicle having two axles shall not exceed thirty-six thousand pounds.
(II) Subject to the limitations prescribed in section 42-4-507, the gross weight of a
single vehicle having three or more axles shall not exceed fifty-four thousand pounds.
(HI) (A) Subject to the limitations prescribed in section 42-4-507, the maximum gross
weight of any vehicle or combination of vehicles shall not exceed that determined by the
formula W = 500 [(LN/N-1) + 12N + 36].
(B) In using the formula in sub-subparagraph (A) of this subparagraph (HI), W equals
overall gross weight on any group of two or more consecutive axles to the nearest 500
pounds, L equals distance in feet between the extreme of any group of two or more
consecutive axles, and N equals number of axles in the group under consideration; but in
computations of this formula no gross vehicle weight shall exceed eighty thousand pounds,
except as may be authorized under section 42-4-510.
(IV) For the purposes of this subsection (1), where a combination of vehicles is used,
no vehicle shall carry a gross weight of less than ten percent of the overall gross weight of
the combination of vehicles; except that this limitation shall not apply to specialized trailers
whose specific use is to haul poles and whose axles may carry less than ten percent of the
weight of the combination.
(1.5) The gross weight limits provided in subsection ( 1 ) of this section are increased by
one thousand pounds for any vehicle or combination of vehicles if the vehicle or combi-
nation of vehicles contains an alternative fuel system and operates on alternative fuel or
both alternative and conventional fuel. The provisions of this subsection (1.5) apply only
when the vehicle or combination of vehicles is operated on a highway that is not on the
interstate system as defined in section 43-2-101 (2), C.R.S. For the purposes of this
subsection (1.5), "alternative fuel" has the same meaning provided in section 25-7-106.8
(1) (a), C.R.S.
(2) The department upon registering any vehicle under the laws of this state, which
vehicle is designed and used primarily for the transportation of property or for the
transportation of ten or more persons, may acquire such information and may make such
investigation or tests as necessary to enable it to determine whether such vehicle may safely
be operated upon the highways in compliance with all the provisions of this article. The
department shall not register any such vehicle for a permissible gross weight exceeding the
limitations set forth in sections 42-4-501 to 42-4-512 and 42-4-1407. Every such vehicle
shall meet the following requirements:
(a) It shall be equipped with brakes as required in section 42-4-223;
(b) Every motor vehicle to be operated outside of business and residence districts shall
have motive power adequate to propel at a reasonable speed such vehicle and any load
thereon or to be drawn thereby.
(3) If the federal highway administration or the United States congress prescribes or
adopts vehicle size or weight limits greater than those now prescribed by the "Federal- Aid
Highway Act of 1956", which limits exceed in full or in part the provisions of section
42-4-509 Vehicles and Traffic Title 42 - page 370
42-4-504 or paragraph (b) or (c) of subsection (1) of this section, the transportation
commission, upon determining that Colorado highways have been constructed to standards
which will accommodate such additional size or weight and that the adoption of said size
and weight limitations will not jeopardize any distribution of federal highway funds to the
state, may adopt size and weight limits comparable to those prescribed or adopted by the
federal highway administration or the United States congress and may authorize said limits
to be used by owners or operators of vehicles while said vehicles are using highways within
this state; but no vehicle size or weight limit so adopted by the commission shall be less in
any respect than those now provided for in section 42-4-504 or paragraph (b) or (c) of
subsection (1) of this section.
(4) Any person who drives a vehicle or owns a vehicle in violation of any provision of
this section commits a class 2 misdemeanor traffic offense.
Source: L. 94: (l)(c)(m)(B) amended, p. 304, § 3, effective March 22; entire title
amended with relocations, p. 2331, § 1, effective January 1, 1995. L. 96: IP(1) amended
and (1.5) added, p. 630, § 4, effective January 1, 1997. L. 2009: (l)(b) amended, (SB
09-108), ch. 5, p. 51, § 8, effective January 1, 2010; (l)(b) amended, (HB 09-1318), ch.
316, p. 1703, § 1, effective January 1, 2010.
Editor's note: (1) This section is similar to former § 42-4-407 as it existed prior to 1994, and
the former § 42-4-508 was relocated to § 42-4-607.
(2) Amendments to subsection (l)(c)(IH)(B) by House Bill 94-1012 were harmonized with
Senate Bill 94-001.
(3) Subsection (l)(b) was amended by Senate Bill 09-108 and was further amended by House Bill
09-1318. The amendments made by House Bill 09-1318 reversed the changes made by Senate Bill
09-108 and returned subsection (l)(b) to its original form. Both bills had an effective date of January
1, 2010, therefore, no changes are being shown in subsection (l)(b).
Cross references: The "Federal-Aid Highway Act of 1956" was repealed and now has provisions
contained in 23 U.S.C. §§ 101, 103, 104, 107, 108, 109, 113, 115, 118, 120, 123, 128, 129, and 304
to 306.
42-4-509. Vehicles weighed - excess removed. (1) Any police or peace officer, as
described in section 16-2.5-101, C.R.S., having reason to believe that the weight of a
vehicle and load is unlawful is authorized to require the driver to stop and submit to a
weighing of the same by means of either portable or stationary scales or shall require that
such vehicle be driven to the nearest public scales in the event such scales are within five
miles.
(2) (a) Except as provided in paragraph (b) of this subsection (2), whenever an officer
upon weighing a vehicle and load as provided in subsection (1) of this section determines
that the weight is unlawful, such officer shall require the driver to stop the vehicle in a
suitable place and remain standing until such portion of the load is removed as may be
necessary to reduce the gross weight of such vehicle to such limit as permitted under
sections 42-4-501 to 42-4-512 and 42-4-1407. All material so unloaded shall be cared for
by the owner or operator of such vehicle at the risk of such owner or operator.
(b) Whenever an officer upon weighing a vehicle and load as provided in subsection (1)
of this section determines that the weight is unlawful and the load consists solely of either
explosives or hazardous materials as defined in section 42-1-102 (32), such officer shall
permit the driver of such vehicle to proceed to the driver's destination without requiring the
driver to unload the excess portion of such load.
(3) Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load
to a weighing or who fails or refuses when directed by an officer upon a weighing of the
vehicle to stop the vehicle and otherwise comply with the provisions of this section commits
a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2333, § 1, effective January 1,
1995. L. 2003: (1) amended, p. 1628, § 61, effective August 6.
Title 42 - page 371 Regulation of Vehicles and Traffic 42-4-510
Editor's note: This section is similar to former § 42-4-408 as it existed prior to 1994, and the
former § 42-4-509 was relocated to § 42-4-608.
42-4-510. Permits for excess size and weight and for manufactured homes - rules.
(1) (a) The department of transportation, the Colorado state patrol with respect to
highways under its jurisdiction, or any local authority with respect to highways under its
jurisdiction may, upon application in writing and good cause being shown therefor, issue a
single trip, a special, or an annual permit in writing authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding
the maximum specified in this article or otherwise not in conformity with the provisions of
this article upon any highway under the jurisdiction of the party granting such permit and
for the maintenance of which said party is responsible; except that permits for the
movement of any manufactured home shall be issued as provided in subsection (2) of this
section.
(b) (I) The application for any permit shall specifically describe the vehicle and load to
be operated or moved and the particular highways for which the permit to operate is
requested, and whether such permit is for a single trip, a special, or an annual operation, and
the time of such movement. All state permits shall be issued in the discretion of the
department of transportation, subject to rules adopted by the transportation commission in
accordance with this section and section 42-4-511. All local permits shall be issued in the
discretion of the local authority pursuant to ordinances or resolutions adopted in accordance
with section 42-4-511. Any ordinances or resolutions of local authorities shall not conflict
with this section.
(II) An overweight permit issued pursuant to this section shall be available for
overweight divisible loads if:
(A) The vehicle has a quad axle grouping and the maximum gross weight of the vehicle
does not exceed one hundred ten thousand pounds; or
(B) The vehicle is operated in combination with a trailer or semitrailer, the trailer has
two or three axles, and the maximum gross weight of the vehicle does not exceed
ninety-seven thousand pounds; and
(C) The owner and operator of the motor vehicle are in compliance with the federal
"Motor Carrier Safety Improvement Act of 1999", Pub.L. 106-159, as amended, as
applicable to commercial vehicles; and
(D) The vehicle complies with rules promulgated by the department of transportation
concerning the distribution of the load upon the vehicle* s axles.
(HI) A permit issued pursuant to this paragraph (b) shall not authorize the operation or
movement of a motor vehicle on the interstate highway in violation of federal law.
(c) (I) A single trip or annual permit shall be issued pursuant to this section for a
self-propelled fixed load crane that exceeds legal weight limits if it does not exceed the
weight limits authorized by the department of transportation. A boom trailer or boom dolly
shall not be permitted unless the boom trailer or boom dolly is attached to the crane in a
manner and for the purpose of distributing load to meet the weight requirements established
by the department. A self-propelled fixed load crane may be permitted with counterweights
when a boom trailer or boom dolly is used if the counterweights do not exceed the
manufacturers rated capacity of the self-propelled fixed load crane and do not cause the
vehicle to exceed permitted axle or gross weight limits. A permit issued pursuant to this
paragraph (c) shall not authorize movement on interstate highways if not approved by
federal law.
(H) For the purposes of this paragraph (c), "self-propelled fixed load crane" means a
self-powered mobile crane designed with equipment or parts permanently attached to the
body of the crane. A self-propelled fixed load crane includes, without limitation, the crane* s
shackles and slings.
(1.5) (a) The department of transportation may, upon application in writing or elec-
tronically made and good cause being shown therefor, issue an annual fleet permit
authorizing the applicant to operate or move any two or more vehicles owned by the
applicant of a size or weight of vehicle or load exceeding the maximum specified in this
article or otherwise not in conformity with the provisions of this article upon any highway.
42-4-510 Vehicles and Traffic Title 42 - page 372
(b) The application for any annual fleet permit shall specifically describe the vehicles,
loads, and estimated number of loads to be operated or moved and the particular highways
for which the permit to operate is requested, as defined by rules of the department of
transportation. Permits issued pursuant to this subsection (1.5) shall not authorize the
operation of vehicles that exceed the maximum dimensions allowed for vehicles operating
under annual permits issued pursuant to the rules of the department pertaining to transport
permits for the movement of extra-legal vehicles or loads.
(c) The department shall provide the option to a company filing for a permit under this
subsection (1.5) to file an express consent waiver that enables the company to designate a
company representative to be a party of interest for a violation of this section. The
appearance of the company representative in a court hearing without the operator when the
operator has signed such waiver shall not be deemed the practice of law in violation of
article 5 of title 12, C.R.S.
(1.7) (a) The department of transportation may issue super-load permits for:
(I) A combination vehicle with a weight of five hundred thousand pounds or more that
occupies two lanes to haul the load; or
(II) An unladen combination vehicle with an expandable dual-lane transport trailer that
occupies two lanes.
(b) (I) The department of transportation may place restrictions on the use of a permit.
A person shall obey the restrictions contained in a permit.
(II) (A) The department of transportation may refuse to issue a permit to a person who
has been held by an administrative law judge to have disobeyed permit restrictions or to
have violated this section or rules promulgated under this section in a hearing held in
accordance with article 4 of title 24, C.R.S.
(B) The department shall create a system that tracks the compliance of permit holders
and use the system to determine if a permit holder has a pattern of noncompliance. The
department shall promulgate rules establishing standards to deny permits to persons who
show a pattern of noncompliance, which standards include the length of time a permit is
denied based upon the number and type of noncomplying events.
(HI) The department of transportation shall include in a super-load permit a speed
restriction, not to exceed twenty-five miles per hour on the highway and ten miles per hour
on structures; except that the department of transportation may modify the speed restriction
when necessary for safety or to prevent structural damage.
(c) When filing an application, an applicant for a super-load permit shall provide the
department of transportation with documentation, acceptable to the department of trans-
portation, from a third party establishing the gross weight of the load. The driver shall carry
the documentation in the vehicle during the permitted move and produce, upon request, the
documentation for any state agency or law enforcement personnel.
(d) The department of transportation may refuse to issue a super-load permit under this
section for an unladen combination vehicle unless the applicant breaks the load down to the
smallest dimensions possible. The department of transportation may refuse to issue a
super-load permit under this section for an unladen vehicle unless the applicant renders the
dual lane trailer into legal loads.
(e) The department of transportation, Colorado state patrol, or port of entry shall
inspect the load of a super-load permit holder, at the permit holder' s expense, at the nearest
point where the shipment enters the state, at a location specified by the department of
transportation, or at the load's point of origin to ensure compliance with the permit
requirements and safety statutes and rules, including:
(I) Height, width, and length; „
(II) Number of axles;
(HI) Date of move;
(IV) Correct route;
(V) Documentation of load weight;
(VI) Use of signs and pilot cars; and
(VII) Weight, if the vehicle can be weighed within two hours.
(f) The department of transportation shall notify the port of entry of the permit's
issuance and the location and date of the move.
Title 42 - page 373 Regulation of Vehicles and Traffic 42-4-510
(g) Repealed.
(2) (a) An authentication of paid ad valorem taxes, after notification of such movement
to the county treasurer, may serve as a permit for movement of manufactured homes on
public streets or highways under the county* s jurisdiction. An authentication of paid ad
valorem taxes from the county treasurer of the county from which the manufactured home
is to be moved, after notification of such movement has been provided to the county
assessor of the county to which the manufactured home is to be moved, pursuant to section
39-5-205, C.R.S., may also serve as a permit for the movement of manufactured homes
from one adjoining county to an adjoining county on streets and highways under local
jurisdiction. The treasurer shall issue along with the authentication of paid ad valorem taxes
a transportable manufactured home permit. The treasurer may establish and collect a fee,
which shall not exceed ten dollars, for issuing the authentication of paid ad valorem taxes
and the transportable manufactured home permit. Such transportable manufactured home
permit shall be printed on an eleven inch by six inch fluorescent orange card and shall
contain the following information: The name and address of the owner of the mobile home;
the name and address of the mover; the transport number of the mover, a description of the
mobile home including the make, year, and identification or serial number, the county
authentication number; and an expiration date. The expiration date shall be set by the
treasurer, but in no event shall the expiration date be more than thirty days after the date of
issue of the permit. Such transportable manufactured home permit shall be valid for a single
trip only. The transportable manufactured home permit shall be prominently displayed on
the rear of the mobile home during transit of the mobile home. Peace officers and local tax
and assessment officials may request, and upon demand shall be shown, all moving permits,
tax receipts, or certificates required by this subsection (2). Nothing in this section shall
require a permit from a county treasurer for the movement of a new manufactured home.
For the purposes of this section, a new manufactured home is one in transit under invoice
or manufacturer's statement of origin which has not been previously occupied for residen-
tial purposes.
(b) All applications for permits to move manufactured homes over state highways shall
comply with the following special provisions:
(I) Each such application shall be for a single trip, a special permit, an annual permit,
or, subject to the requirements of paragraph (a) of subsection (1 .5) of this section, an annual
fleet permit. The application shall be accompanied by a certificate or other proof of public
liability insurance in amounts of not less than one hundred thousand dollars per person and
three hundred thousand dollars per accident for all manufactured homes moved within this
state by the permit holder during the effective term of the permit. Each application for a
single trip permit shall be accompanied by an authentication of paid ad valorem taxes on the
used manufactured home.
(II) Holders of permits shall keep and maintain, for not less than three calendar years,
records of all manufactured homes moved in whole or in part within this state, which
records shall include the plate number of the towing vehicle; the year, make, serial number,
and size of the unit moved, together with date of the move; the place of pickup; and the
exact address of the final destination and the county of final destination and the name and
address of the landowner of the final destination. These records shall be available upon
request within this state for inspection by the state of Colorado or any of its ad valorem
taxing governmental subdivisions.
(EI) Holders of permits shall obtain an authentication of paid ad valorem taxes through
the date of the move from the owner of a used manufactured home or from the county
treasurer of the county from which the used manufactured home is being moved. Permit
holders shall notify the county treasurer of the county from which the manufactured home
is being moved of the new exact address of the final destination and the county of final
destination of the manufactured home and the name and address of the landowner of the
final destination, and, if within the state, the county treasurer shall forward copies of the
used manufactured home tax certificate to the county assessor of the destination county.
County treasurers may compute ad valorem manufactured home taxes due based upon the
next preceding year's assessment prorated through the date of the move and accept payment
of such as payment in full.
42-4-510 Vehicles and Traffic Title 42 - page 374
(IV) No owner of a manufactured home shall move the manufactured home or provide
for the movement of the manufactured home without being the holder of a paid ad valorem
tax certificate and a transportable manufactured home permit thereon, and no person shall
assist such an owner in the movement of such owner' s manufactured home, including a
manufactured home dealer. Except as otherwise provided in this paragraph ( b), a permit
holder who moves any manufactured home within this state shall be liable for all unpaid ad
valorem taxes thereon through the date of such move if movement is made prior to payment
of the ad valorem taxes due on the manufactured home moved.
(V) In the event of an imminent natural or man-made disaster or emergency, including,
but not limited to, rising waters, flood, or fire, the owner, owner's representative or agent,
occupant, or tenant of a manufactured home or the mobile home park owner or manager,
lienholder, or manufactured home dealer is specifically exempted from the need to obtain
a permit pursuant to this section and may move the endangered manufactured home out of
the danger area to a temporary or new permanent location and may move such manufac-
tured home back to its original location without a permit or penalty or fee requirement.
Upon any such move to a temporary location as a result of a disaster or emergency, the
person making the move or such person's agent or representative shall notify the county
assessor in the county to which the manufactured home has been moved, within twenty days
after such move, of the date and circumstances pertaining to the move and the temporary
or permanent new location of the manufactured home. If the manufactured home is moved
to a new permanent location from a temporary location as a result of a disaster or
emergency, a permit for such move shall be issued but no fee shall be assessed.
(3) The department of transportation, the Colorado state patrol, or any local authority
is authorized to issue or withhold a permit, as provided in this section, and, if such permit
is issued, to limit the number of trips, or to establish seasonal or other time limitations
within which the vehicles described may be operated on the highways indicated, or
otherwise to limit or prescribe conditions of operation of such vehicles, when necessary to
protect the safety of highway users, to protect the efficient movement of traffic from
unreasonable interference, or to protect the highways from undue damage to the road
foundations, surfaces, or structures and may require such undertaking or other security as
may be deemed necessary to compensate for any injury to any highway or highway
structure.
(4) The original or a copy of every such permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to inspection by any police
officer or authorized agent of any authority granting such permit; except that, if a peace
officer, as described in section 16-2.5-101, C.R.S., or an authorized agent of the authority
that granted a permit may determine that the permit can be electronically verified at the time
of contact, a copy of the permit need not be carried in the vehicle or combination of vehicles
to which it refers. No person shall violate any of the terms or conditions of such permit.
(5) The department of transportation or the Colorado state patrol shall, unless such
action will jeopardize distribution of federal highway funds to the state, authorize the
operation or movement of a vehicle or combination of vehicles on the interstate highway
system of Colorado at a maximum weight of eighty-five thousand pounds.
(6) No vehicle having a permit under this section shall be remodeled, rebuilt, altered,
or changed except in such a way as to conform to those specifications and limitations
established in sections 42-4-501 to 42-4-507 and 42-4-1407.
(7) Any person who has obtained a valid permit for the movement of any oversize
vehicle or load may attach to such vehicle or load or to any vehicle accompanying the same
not more than three illuminated flashing yellow signals as warning devices.
(8) (a) The department of transportation shall have a procedure to allow those persons
who are transporting loads from another state into Colorado and who would require a permit
under the provisions of this section to make advance arrangements by telephone or other
means of communication for the issuance of a permit if the load otherwise complies with
the requirements of this section.
(b) The Colorado state patrol shall have available for issuance at each fixed port of
entry weigh station permits for extralegal vehicles or loads; except that special permits for
extralegal vehicles or loads that are considered extraordinary in dimensions or weight, or
Title 42 -page 375 Regulation of Vehicles and Traffic 42-4-510
both, and that require additional safety precautions while in transit shall be issued only by
the department of transportation. A port of entry may issue such special permits if
authorized to do so by the department of transportation and under such rules as the
department of transportation may establish, and may deliver from a fixed port of entry
weigh station any permit issued by the department of transportation,
(c) Repealed.
(9) No permit shall be necessary for the operation of authorized emergency vehicles,
public transportation vehicles operated by municipalities or other political subdivisions of
the state, county road maintenance and county road construction equipment temporarily
moved upon the highway, implements of husbandry, and farm tractors temporarily moved
upon the highway, including transportation of such tractors or implements by a person
dealing therein to such person* s place of business within the state or to the premises of a
purchaser or prospective purchaser within the state; nor shall such vehicles or equipment be
subject to the size and weight provisions of this part 5.
(10) The Colorado state patrol, the personnel in any port of entry weigh station, and
local law enforcement officials shall verify the validity of permits issued under this section
whenever feasible. Upon determination by any of such officials or by any personnel of a
county assessor's or county treasurer's office indicating that a manufactured home has been
moved without a valid permit, the district attorney shall investigate and prosecute any
alleged violation as authorized by law.
(11) (a) The department of transportation or the Colorado state patrol may charge
permit applicants permit fees as follows:
(I) For overlength, overwidth, and overheight permits on loads or vehicles which do not
exceed legal weight limits:
(A) Annual permit, two hundred fifty dollars;
(B) Single trip permit, fifteen dollars;
(H) For overlength, including front or rear overhang, annual fleet permits on loads or
vehicles which do not exceed legal weight limits, one thousand five hundred dollars plus
fifteen dollars per fleet vehicle. For purposes of this subparagraph (II), "fleet" means any
group of two or more vehicles owned by one person. This subparagraph (II) shall only apply
for public utility vehicles and loads.
(III) For overweight permits for vehicles or loads exceeding legal weight limits up to
two hundred thousand pounds:
(A) Annual permit, four hundred dollars;
(B) Single trip permit, fifteen dollars plus five dollars per axle;
(C) Annual fleet permits, one thousand five hundred dollars plus twenty-five dollars per
vehicle to be permitted. For purposes of this sub-subparagraph (C), "fleet" means any
group of two or more vehicles owned by one person. This sub-subparagraph (C) shall apply
only to longer vehicle combinations as defined in section 42-4-505.
(IV) Special permits for structural, oversize, or overweight moves requiring extraordi-
nary action or moves involving weight in excess of two hundred thousand pounds, one
hundred twenty-five dollars for a permit for a single trip, including a super-load permit
issued under subsection (1.7) of this section; except that a super-load permit fee is four
hundred dollars;
(V) The fee for an annual fleet permit issued pursuant to subsection (1.5) or (2) of this
section is three thousand dollars for a fleet of from two to ten vehicles plus three hundred
dollars for each additional vehicle in the fleet;
(VI) For overweight permits for vehicles that have a quad axle grouping for divisible
vehicles or loads exceeding legal weight limits issued pursuant to subparagraph (II) of
paragraph (b) of subsection (1) of this section:
(A) Annual permit, five hundred dollars;
(B) Single trip permit, thirty dollars plus ten dollars per axle; and
(C) Annual fleet permits, two thousand dollars plus thirty-five dollars per vehicle to be
permitted;
(D) (Deleted by amendment, L. 2009, (HB 09-1318), ch. 316, p. 1704, § 2, effective
January 1, 2010.)
42-4-510 Vehicles and Traffic Title 42 - page 376
(VII) For overweight permits for vehicle combinations with a trailer that has two or
three axles for divisible vehicles or loads exceeding legal weight limits established pursuant
to sub-subparagraph (B) of subparagraph (II) of paragraph (b) of subsection (1) of this
section:
(A) Annual permit, five hundred dollars;
(B) Six-month permit, two hundred fifty dollars; and
(C) Single trip permit, fifteen dollars plus ten dollars per axle.
(b) Any local authority may impose a fee, in addition to but not to exceed the amounts
required in subparagraphs (I) and (HI) of paragraph (a) of this subsection (11), as provided
by the applicable local ordinance or resolution; and, in the case of a permit under
subparagraph (TV) of paragraph (a) of this subsection (11), the amount of the fee shall not
exceed the actual cost of the extraordinary action.
(12) (a) Any person holding a permit issued pursuant to this section or any person
operating a vehicle pursuant to such permit who violates any provision of this section, any
ordinance or resolution of a local authority, or any standards or rules or regulations
promulgated pursuant to this section, except the provisions of subparagraph (IV) of
paragraph (b) of subsection (2) of this section, commits a class 2 misdemeanor traffic
offense.
(b) Any person who violates the provisions of subparagraph (IV) of paragraph (b) of
subsection (2) of this section commits a class 2 petty offense and, upon conviction thereof,
shall be fined two hundred dollars; except that, upon conviction of a second or subsequent
such offense, such person commits a class 3 misdemeanor and shall be punished as provided
in section 18-1.3-501, C.R.S.
(c) The department of transportation with regard to any state permit and the local
authority with regard to a local permit may, after a hearing under section 24-4-105, C.R.S.,
revoke, suspend, refuse to renew, or refuse to issue any permit authorized by this section
upon a finding that the holder of the permit has violated the provisions of this section, any
ordinance or resolution of a local authority, or any standards or rules promulgated pursuant
to this section.
(d) A driver or holder of a permit issued under subsection ( 1 .7) of this section who fails
to comply with the terms of the permit or subsection (1.7) of this section commits a class
1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701 (3)
(a) (II).
Source: L. 94: (12)(b) amended, p. 707, § 16, effective April 19; entire title amended
with relocations, p. 2334, § 1, effective January 1, 1995. L. 96: (1), (3), (5), (8), and IP(11)
amended, p. 1549, § 9, effective July 1. L. 2002: (8)(c) repealed, p. 872, § 9, effective
August 7; (12)(b) amended, p. 1561, § 367, effective October 1. L. 2003: (1.5) and
(ll)(a)(V) added and (2)(b)(I) and (4) amended, pp. 581, 582, §§ 2, 3, effective January 1,
2004. L. 2004: (4) amended, p. 1212, § 101, effective August 4. L. 2006: (1.5)(c) added,
p. 309, § 2, effective July 1; (l)(c) added, p. 1482, § 1, effective August 7. L. 2008: (l)(b)
and (5) amended and (1 l)(a)(VI) added, pp. 2093, 2094, §§ 1,2, effective June 3. L. 2009:
(l)(b)(II)(A), (l)(b)(II)(B), (5), and (ll)(a)(VI)(B) amended and (ll)(a)(VI)(D) added, (SB
09-108), ch. 5, p. 51, §§ 10, 9, effective January 1, 2010; (l)(b)(II)(B), (5), IP(ll)(a)(VI),
(ll)(a)(VI)(B), and (ll)(a)(VI)(D) amended and (ll)(a)(Vn) added, (HB 09-1318), ch. 316,
p. 1704, § 2, effective January 1, 2010. L. 2011: (l)(b)(II)(B) and IP(ll)(a)(VII) amended,
(HB 11-1279), ch. 179, p. 681, § 1, effective August 10; (1.7) and (12)(d) added and
(ll)(a)(IV) amended, (HB 11-1163), ch. 237, pp. 1029, 1031, §§ 1, 3, 2, effective August
10. L. 2012: (l)(a), (3), (5), (8)(b), IP(ll)(a), and (12)(c) amended, (HB 12-1019), ch. 135,
p. 467, § 10, effective July 1.
Editor's note: (1) This section is similar to former § 42-4-409 as it existed prior to 1994, and
the former § 42-4-510 was relocated to § 42-4-609.
(2) Amendments to subsection (12)(b) by Senate Bill 94-092 were harmonized with Senate Bill
94-001.
(3) Subsections (5) and (ll)(a)(VI)(B) were amended and subsection (ll)(a)(VI)(D) was added
by Senate Bill 09-108. Subsections (5) and (ll)(a)(VI)(B) were further amended and subsection
Title 42 - page 377 Regulation of Vehicles and Traffic 42-4-511.2
(ll)(a)(VI)(D) was deleted by House Bill 09-1318. The amendments made by House Bill 09-1318
reversed the changes made by Senate Bill 09-108 to subsections (5) and (ll)(a)(VI)(B) and returned
them to their original form. Both bills had an effective date of January 1, 2010, therefore, no changes
are being shown in subsections (5) and (ll)(a)(VI)(B) and subsection (ll)(a)(VI)(D) is being shown
as deleted by amendment.
(4) Subsection (1.7)(g) provided for the repeal of subsection ( 1.7)(g), effective July 1 , 2012. (See
L. 2011, p. 1029.)
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(12)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
Subsection (9) specifies that operators of an oversized agricultural sprinkler by denying a
of husbandry are exempt from permit, it necessarily cannot achieve the same
applying for permits for implements that are forbidden result via resolution. Bd. of County
temporarily moved upon the highway. If the Comm'rs of Logan County v. Vandemoer, 205
county cannot restrict temporary movement of P.3d 423 (Colo. App. 2008).
42-4-511. Permit standards - state and local. (1) The transportation commission
shall adopt such rules and regulations as are necessary for the proper administration and
enforcement of section 42-4-510 with regard to state permits.
(2) (a) Any permits which may be required by local authorities shall be issued in
accordance with ordinances and resolutions adopted by the respective local authorities after
a public hearing at which testimony is received from affected motor vehicle owners and
operators. Notice of such public hearing shall be published in a newspaper having general
circulation within the local authority's jurisdiction. Such notice shall not be less man eight
days prior to the date of hearing. The publication shall not be placed in that portion of the
newspaper in which legal notices or classified advertisements appear. Such notice shall state
the purpose of the hearing, the time and place of the hearing, and that the general public,
including motor vehicle owners and operators to be affected, may attend and make oral or
written comments regarding the proposed ordinance or resolution. Notice of any subsequent
hearing shall be published in the same manner as for the original hearing.
(b) At least thirty days prior to such public hearing, the local authority shall transmit a
copy of the proposed ordinance or resolution to the department of transportation for its
comments, and said department shall make such comments in writing to the local authority
prior to such public hearing.
(c) A local authority that adopts or has adopted an ordinance or resolution governing
permits for the movement of oversize or overweight vehicles or loads shall file a copy of
the ordinance or resolution with the department of transportation.
Source: L. 94: Entire title amended with relocations, p. 2338, § 1, effective January 1,
1995. L. 96: (2)(c) added, p. 1551, § 10, effective July 1. L. 2012: (2)(c) amended, (HB
12-1019), ch. 135, p. 468, § 11, effective July 1.
Editor's note: This section is similar to former § 42-4-409.1 as it existed prior to 1994.
42-4-511,2. Authority for cooperative agreements with regional states on excess
size or weight vehicles - regulations. (1) Purpose. The purpose of this section is to
authorize the negotiation and execution of agreements in cooperation with other states to:
(a) Establish a regional permit system to allow nondivisible oversize or overweight
vehicles to operate between and among two or more states under one single trip permit,
instead of requiring such vehicles to stop and obtain a separate permit before entering each
state;
(b) Promote uniformity concerning administrative and enforcement procedures for
applicable vehicle size and weight standards to facilitate regional movement of such
vehicles, to eliminate unnecessary bureaucratic barriers, and to improve the highway
42-4-511.2 Vehicles and Traffic Title 42 - page 378
operating environment and vehicle safety under the applicable laws of the respective states;
and
(c) Encourage and utilize research that will facilitate the achievement of the purposes
described in this subsection (1).
(2) Authority, (a) In addition to any other powers granted by law, the executive
director of the department of transportation, or the executive director's designee, is hereby
authorized to negotiate and enter into appropriate agreements with other states concerning
the regional operation or movement of nondi visible oversize or overweight vehicles and to
facilitate the uniform application, administration, and enforcement of applicable laws
concerning such vehicles.
(b) A cooperative agreement under this section may include, but shall not be limited to,
the establishment of a regional permit system authorizing the operation or movement of
nondivisible oversize or overweight vehicles from one state in the region to or through
another state or states in the region under a single trip permit in accordance with the
applicable requirements of each of the states.
(c) For the purposes of a regional permit agreement, the department of transportation
is authorized to:
(I) Delegate to other states its authority under section 42-4-510 (1) to issue permits for
nondivisible oversize or overweight vehicles to operate on Colorado state highways; except
that any such issuance by another state shall conform, at a minimum, to the applicable
Colorado permit standards and legal requirements as described in this part 5 and to the
regulations implementing this part 5. The department of transportation may also impose
additional standards concerning such regional permits as it deems appropriate.
(II) Accept a delegation of authority from other states to issue permits for the operation
of vehicles on the highways of such states in accordance with the applicable standards and
requirements of such states, pursuant to the terms of the regional permit agreement; and
(HI) Collect any fees, taxes, and penalties on behalf of other states that are parties to the
regional permit agreement and to remit such fees, taxes, and penalties to such states. Such
fees, taxes, and penalties shall not be considered taxes or funds of the state of Colorado for
any purpose.
(d) For the purposes of a regional permit agreement, the Colorado state patrol, ports of
entry, and local law enforcement authorities are authorized to enforce the terms of any
regional permit concerning the operation of the permitted vehicle on state highways in
Colorado. The Colorado state patrol, ports of entry, and local law enforcement authorities
are also permitted to take necessary actions in Colorado to enforce the applicable require-
ments of the permitting state or states which shall include, but shall not be limited to,
monitoring licenses and other credential usage; enforcing tax restraint, distraint, or levy
orders; issuing civil citations; and conducting necessary safety and equipment inspections.
(e) The executive director of the department of transportation, or the executive direc-
tor's designee, is hereby authorized to appoint employees and officials of other states as
agents of the department for the limited purpose of enforcing the laws of Colorado under
the terms of the cooperative agreements entered into under the provisions of this section.
The executive director or the designee may promulgate such regulations as are necessary for
the implementation of the provisions of this section.
(f) Any agreement entered into under the provisions of this section shall contain
provisions that express the understanding that any employees and officials of any other state
who enforce the laws of Colorado under the terms of such agreement, or who otherwise act
under the terms of such agreement, shall not be eligible for compensation, employee rights,
or benefits from the state of Colorado and shall not be considered to be employees or
officials of the state of Colorado.
(g) A cooperative agreement under this section may also provide for uniformity
concerning enforcement procedures, safety inspection standards, operational standards,
permit and application form procedures, driver qualifications, and such other matters that
may be pertinent to said matters.
(h) Notwithstanding any provision of this section to the contrary, all existing statutes
and rules and regulations prescribing size or weight vehicle requirements, or relating to
permits for such vehicles, shall continue to be in full force and effect until amended or
Title 42 - page 379 Regulation of Vehicles and Traffic 42-4-601
repealed by law, and any cooperative agreement must comply with such statutes and rules
and regulations. The transportation commission shall ratify any cooperative agreement
entered into under the provisions of this section.
Source: L. 94: Entire section added, p. 301, § 1, effective January 1, 1995. L. 95:
(2)(c)(I) amended, p. 955, § 13, effective May 25.
Editor's note: This section was originally numbered as § 42-4-409.2 as enacted by House Bill
94-1012 but has been renumbered on revision and harmonized with Senate Bill 94-001.
42-4-512. Liability for damage to highway. (1) No person shall drive, operate, or
move upon or over any highway or highway structure any vehicle, object, or contrivance in
such a manner so as to cause damage to said highway or highway structure. When the
damage sustained to said highway or highway structure is the result of the operating,
driving, or moving of such vehicle, object, or contrivance weighing in excess of the
maximum weight authorized by sections 42-4-501 to 42-4-512 and 42-4-1407, it shall be no
defense to any action, either civil or criminal, brought against such person that the weight
of the vehicle was authorized by special permit issued in accordance with sections 42-4-501
to 42-4-512 and 42-4-1407.
(2) Every person violating the provisions of subsection ( 1 ) of this section shall be liable
for all damage which said highway or highway structure may sustain as a result thereof.
Whenever the driver of such vehicle, object, or contrivance is not the owner thereof but is
operating, driving, or moving such vehicle, object, or contrivance with the express or
implied consent of the owner thereof, then said owner or driver shall be jointly and severally
liable for any such damage. The liability for damage sustained by any such highway or
highway structure may be enforced by a civil action by the authorities in control of such
highway or highway structure. No satisfaction of such civil liability, however, shall be
deemed to be a release or satisfaction of any criminal liability for violation of the provisions
of subsection (1) of this section.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2339, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-411 as it existed prior to 1994, and the
former § 42-4-512 was relocated to § 42-4-610.
ANNOTATION
Law reviews. For article, "Interstate Legal
Barriers to Transportation in the Trans-Missouri
West", see U. Colo. L. Rev. 476 (1966).
PART 6
SIGNALS - SIGNS - MARKINGS
Cross references: For penalties for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
42-4-601. Department to sign highways, where. (1) The department of transporta-
tion shall place and maintain such traffic control devices, conforming to its manual and
specifications, upon state highways as it deems necessary to indicate and to carry out the
provisions of this article or to regulate, warn, or guide traffic.
(2) No local authority shall place or maintain any traffic control device upon any
highway under the jurisdiction of the department of transportation except by the latter* s
permission.
42-4-602 Vehicles and Traffic Title 42 - page 380
Source: L. 94: Entire title amended with relocations, p. 2340, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-502 as it existed prior to 1994, and the
former § 42-4-601 was relocated to § 42-4-701.
42-4-602. Local traffic control devices. ( 1 ) No local authority shall erect or maintain
any stop sign or traffic control signal at any location so as to require the traffic on any state
highway to stop before entering or crossing any intersecting highway unless approval in
writing has first been obtained from the department of transportation.
(2) Where practical no local authority shall maintain three traffic control signals located
on a roadway so as to be within one minute's driving time (to be determined by the speed
limit) from any one of the signals to the other without synchronizing the lights to enhance
the flow of traffic and thereby reduce air pollution.
Source: L. 94: Entire title amended with relocations, p. 2340, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-503 as it existed prior to 1994, and the
former § 42-4-602 was relocated to § 42-4-702.
ANNOTATION
Law reviews. For article, "Interstate Legal relevant case construing that provision has been
Barriers to Transportation in the Trans-Missouri included with the annotations to this section.
West", see U. Colo. L. Rev. 476 (1966). The regulation of traffic at street intersec-
Annotator's note. Since § 42-4-602 is sim- tions in a home-rule city is a matter of local
ilar to § 42-4-503 as it existed prior to the 1994 concern. Freeland v. Fife, 151 Colo. 339, 377
amending of title 42 as enacted by SB 94-1, a P.2d 942 (1963).
42-4-603. Obedience to official traffic control devices. (1) No driver of a vehicle
shall disobey the instructions of any official traffic control device including any official hand
signal device placed or displayed in accordance with the provisions of this article unless
otherwise directed by a police officer subject to the exceptions in this article granted the
driver of an authorized emergency vehicle.
(2) No provision of this article for which official traffic control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged violation
an official device is not in proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular section does not state that official traffic control
devices are required, such section shall be effective even though no devices are erected or
in place.
(3) Whenever official traffic control devices are placed in position approximately
conforming to the requirements of this article, such devices shall be presumed to have been
so placed by the official act or direction of lawful authority unless the contrary is established
by competent evidence.
(4) Any official traffic control device placed pursuant to the provisions of this article
and purporting to conform to the lawful requirements pertaining to such devices shall be
presumed to comply with the requirements of this article unless the contrary is established
by competent evidence.
(5) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2340, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-504 as it existed prior to 1994, and the
former § 42-4-603 was relocated to § 42-4-703.
Title 42 -page 381 Regulation of Vehicles and Traffic 42-4-604
42-4-604. Traffic control signal legend. (1) If traffic is controlled by traffic control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a
time or in combination as declared in the traffic control manual adopted by the department
of transportation, only the colors green, yellow, and red shall be used, except for special
pedestrian-control signals carrying a word or symbol legend as provided in section
42-4-802, and said lights, arrows, and combinations thereof shall indicate and apply to
drivers of vehicles and pedestrians as follows:
(a) Green indication:
(I) Vehicular traffic facing a circular green signal may proceed straight through or turn
right or left unless a sign at such place prohibits such turn; but vehicular traffic, including
vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians
lawfully within the intersection and to pedestrians lawfully within an adjacent crosswalk at
the time such signal is exhibited.
(II) Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, may cautiously enter the intersection only to make the movement
indicated by such arrow or such other movement as is permitted by other indications shown
at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the intersection.
(HI) Unless otherwise directed by a pedestrian-control signal as provided in section
42-4-802, pedestrians facing any green signal, except when the sole green signal is a turn
arrow, may proceed across the roadway within any marked or unmarked crosswalk.
(b) Steady yellow indication:
(I) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
warned that the related green movement is being terminated or that a red indication will be
exhibited immediately thereafter.
(H) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise
directed by a pedestrian-control signal as provided in section 42-4-802, are thereby advised
that there is insufficient time to cross the roadway before a red indication is shown, and no
pedestrian shall then start to cross the roadway.
(c) Steady red indication:
(I) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly
marked stop line but, if none, before entering the crosswalk on the near side of the
intersection or, if none, then before entering the intersection and shall remain standing until
an indication to proceed is shown; except that:
(A) Such vehicular traffic, after coming to a stop and yielding the right-of-way to
pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the
intersection, may make a right turn, unless state or local road authorities within their
respective jurisdictions have by ordinance or resolution prohibited any such right turn and
have erected an official sign at each intersection where such right turn is prohibited.
(B) Such vehicular traffic, when proceeding on a one-way street and after coming to a
stop, may make a left turn onto a one-way street upon which traffic is moving to the left of
the driver. Such turn shall be made only after yielding the right-of-way to pedestrians and
other traffic proceeding as directed. No turn shall be made pursuant to this sub-subpara-
graph (B) if local authorities have by ordinance prohibited any such left turn and erected a
sign giving notice of any such prohibition at each intersection where such left turn is
prohibited.
(C) To promote uniformity in traffic regulation throughout the state and to protect the
public peace, health, and safety, the general assembly declares that no local authority shall
have any discretion other than is expressly provided in this subparagraph (I).
(H) Pedestrians facing a steady circular red signal alone shall not enter the roadway,
unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802.
(HI) Vehicular traffic facing a steady red arrow signal may not enter the intersection to
make the movement indicated by such arrow and, unless entering the intersection to make
such other movement as is permitted by other indications shown at the same time, shall stop
at a clearly marked stop line but, if none, before entering the crosswalk on the near side of
the intersection or, if none, then before entering the intersection and shall remain standing
until an indication to make the movement indicated by such arrow is shown.
42-4-605 Vehicles and Traffic Title 42 - page 382
(IV) Pedestrians facing a steady red arrow signal shall not enter the roadway, unless
otherwise directed by a pedestrian-control signal as provided in section 42-4-802.
(d) Nonintersection signal: In the event an official traffic control signal is erected and
maintained at a place other than an intersection, the provisions of this section shall be
applicable except as to those provisions which by their nature can have no application. Any
stop required shall be made at a sign or pavement marking indicating where the stop shall
be made, but in the absence of any such sign or marking the stop shall be made at the signal.
(e) Lane-use-control signals: Whenever lane-use-control signals are placed over the
individual lanes of a street or highway, as declared in the traffic control manual adopted by
the department of transportation, such signals shall indicate and apply to drivers of vehicles
as follows:
(1) Downward-pointing green arrow (steady): A driver facing such signal may drive in
any lane over which said green arrow signal is located.
(II) Yellow "X" (steady): A driver facing such signal is warned that the related green
arrow movement is being terminated and shall vacate in a safe manner the lane over which
said steady yellow signal is located to avoid if possible occupying that lane when the steady
red "X" signal is exhibited.
(HI) Yellow "X" (flashing): A driver facing such signal may use the lane over which
said flashing yellow signal is located for the purpose of making a left turn or a passing
maneuver, using proper caution, but for no other purpose.
(IV) Red "X" (steady): A driver facing such signal shall not drive in any lane over
which said red signal is exhibited.
(2) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2341, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-505 as it existed prior to 1994, and the
former § 42-4-604 was relocated to § 42-4-704.
42-4-605. Flashing signals. (1) Whenever an illuminated flashing red or yellow
signal is used in conjunction with a traffic sign or a traffic signal or as a traffic beacon, it
shall require obedience by vehicular traffic as follows:
(a) When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles
shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the
near side of the intersection or, if none, then at the point nearest the intersecting roadway
where the driver has a view of approaching traffic on the intersecting roadway before
entering the intersection, and the right to proceed shall be subject to the rules applicable
after making a stop at a stop sign.
(b) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles
may proceed past such signal and through the intersection or other hazardous location only
with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of
vehicles approaching railroad crossings shall be governed by the provisions of sections
42-4-706 to 42-4-708.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2343, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-506 as it existed prior to 1994, and the
former § 42-4-605 was relocated to § 42-4-705.
42-4-606. Display of unauthorized signs or devices. (1) No person shall place,
maintain, or display upon or in view of any highway any unauthorized sign, signal,
Title 42 - page 383 Regulation of Vehicles and Traffic 42-4-607
marking, or device which purports to be or is an imitation of or resembles an official traffic
control device or railroad sign or signal, or which attempts to direct the movement of traffic,
or which hides from view or interferes with the effectiveness of any official traffic control
device or any railroad sign or signal, and no person shall place or maintain nor shall any
public authority permit upon any highway any traffic sign or signal bearing thereon any
commercial advertising. The provisions of this section shall not be deemed to prohibit the
use of motorist services information of a general nature on official highway guide signs if
such signs do not indicate the brand, trademark, or name of any private business or
commercial enterprise offering the service, nor shall this section be deemed to prohibit the
erection upon private property adjacent to highways of signs giving useful directional
information and of a type that cannot be mistaken for official signs.
(2) Every such prohibited sign, signal, or marking is declared to be a public nuisance,
and the authority having jurisdiction over the highway is empowered to remove the same
or cause it to be removed without notice.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
(4) The provisions of this section shall not be applicable to informational sites
authorized under section 43-1-405, C.R.S.
(5) The provisions of this section shall not be applicable to specific information signs
authorized under section 43-1-420, C.R.S.
Source: L. 94: Entire tide amended with relocations, p. 2344, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-507 as it existed prior to 1994, and the
former § 42-4-606 was relocated to § 42-4-706.
ANNOTATION
When used to prohibit expressive activities City and County of Denver, 104 F. Supp.2d
this section is unconstitutional on the basis it 1280 (D. Colo. 2000).
is impermissibly broad and vague. Faustin v.
42-4-607. Interference with official devices. (1) (a) No person shall, without lawful
authority, attempt to or in fact alter, deface, injure, knock down, remove, or interfere with
the effective operation of any official traffic control device or any railroad sign or signal or
any inscription, shield, or insignia thereon or any other part thereof. Except as otherwise
provided in subsection (2) of this section, any person who violates any provision of this
paragraph (a) commits a class B traffic infraction.
(b) No person shall possess or sell, without lawful authority, an electronic device that
is designed to cause a traffic light to change. A person who violates any provision of this
paragraph (b) commits a class B traffic infraction.
(2) (a) No person shall use an electronic device, without lawful authority, that causes
a traffic light to change. Except as otherwise provided in paragraph (b) of this subsection
(2), a person who violates any provision of this paragraph (a) commits a class A traffic
infraction.
(b) A person who violates any provision of paragraph (a) of this subsection (2) and
thereby proximately causes bodily injury to another person commits a class 1 misdemeanor
traffic offense. In addition to any other penalty imposed by law, the court shall impose a fine
of one thousand dollars.
Source: L. 94: Entire title amended with relocations, p. 2344, § 1, effective January 1,
1995. L. 2004: Entire section amended, p. 333, § 2, effective August 4. L. 2006: Entire
section amended, p. 1711, § 1, effective June 6.
Editor's note: This section is similar to former § 42-4-508 as it existed prior to 1994.
42-4-608 Vehicles and Traffic Title 42 - page 384
ANNOTATION
Ann ota tor's note. Since § 42-4-607 is sim- matter of "Interference with official devices"
ilarto§ 42-4-508 as it existed prior to the 1994 and a driver's "Duty upon striking highway
amending of title 42 as enacted by SB 94-1, a fixtures". Therefore, this field has been pre-
relevant case construing that provision has been empted by the state. City of Aurora v. Mitchell,
included with the annotations to this section. 144 Colo. 526, 357 P.2d 923 (1960).
Subject matter preempted by state. Sec-
tions 42-4-508 and 42-4-1405 cover the subject
42-4-608. Signals by hand or signal device. (1) Any stop or turn signal when
required as provided by section 42-4-903 shall be given either by means of the hand and
arm as provided by section 42-4-609 or by signal lamps or signal device of the type
approved by the department, except as otherwise provided in subsection (2) of this section.
(2) Any motor vehicle in use on a highway shall be equipped with, and the required
signal shall be given by, signal lamps when the distance from the center of the top of the
steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds
twenty-four inches or when the distance from the center of the top of the steering post to
the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall
apply to any single vehicle, also to any combination of vehicles.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2344, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-509 as it existed prior to 1994, and the
former § 42-4-608 was relocated to § 42-4-707.
42-4-609. Method of giving hand and arm signals. (1) All signals required to be
given by hand and arm shall be given from the left side of the vehicle in the following
manner, and such signals shall indicate as follows:
(a) Left-turn, hand and arm extended horizontally;
(b) Right-turn, hand and arm extended upward;
(c) • Stop or decrease speed, hand and arm extended downward.
(2) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2345, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-510 as it existed prior to 1994, and the
former § 42-4-609 was relocated to § 42-4-708.
42-4-610. Unauthorized insignia. No owner shall display upon any part of the owner* s
vehicle any official designation, sign, or insignia of any public or quasi-public corporation
or municipal, state, or national department or governmental subdivision without authority
of such agency or any insignia, badge, sign, emblem, or distinctive mark of any organiza-
tion or society of which the owner is not a bona fide member or otherwise authorized to
display such sign or insignia. Any person who violates any provision of this section
commits a class B traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2345, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-512 as it existed prior to 1994, and the
former § 42-4-610 was relocated to § 42-4-710.
Title 42 -page 385 Regulation of Vehicles and Traffic 42-4-613
42-4-611. Paraplegic persons or persons with disabilities - distress flag. (1) Any
paraplegic person or person with a disability when in motor vehicle distress is authorized
to display by the side of such person's disabled vehicle a white flag of approximately seven
and one-half inches in width and thirteen inches in length, with the letter "D" thereon in
red color with an irregular one-half inch red border. Said flag shall be of reflective material
so as to be readily discernible under darkened conditions, and said reflective material must
be submitted to and approved by the department of transportation before the same is used.
(2) Any person desiring to use such display shall make application to the department,
and the department may in its discretion issue to such person with a disability upon
application a card that sets forth the applicant's name, address, and date of birth, the
physical apparatus needed to operate a motor vehicle, if any, and any other pertinent facts
that the department deems desirable, and in its discretion the department may issue a permit
for the use of and issue to such person a display flag. Each such flag shall be numbered, and
in the event of loss or destruction, a duplicate may be issued upon the payment of the sum
of one dollar by such applicant. The department shall maintain a list of such applicants and
persons to whom permits and flags have been issued and furnish a copy thereof to the
Colorado state patrol upon request.
(3) Any person who is not a paraplegic person or a person with a disability who uses
such flag as a signal or for any other purpose is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more
than three hundred dollars, or by imprisonment in the county jail for not less than ten days
nor more than ninety days, or by both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2345, § 1, effective January 1,
1995. L. 2000: (2) amended, p. 1643, § 29, effective June 1.
Editor's note: This section is similar to former § 42-4-513 as it existed prior to 1994, and the
former § 42-4-611 was relocated to § 42-4-711.
42-4-612. When signals are inoperative or malfunctioning. (1) Whenever a driver
approaches an intersection and faces a traffic control signal which is inoperative or which
remains on steady red or steady yellow during several time cycles, the rules controlling
entrance to a through street or highway from a stop street or highway, as provided under
section 42-4-703, shall apply until a police officer assumes control of traffic or until normal
operation is resumed. In the event that any traffic control signal at a place other than an
intersection should cease to operate or should malfunction as set forth in this section, drivers
may proceed through the inoperative or malfunctioning signal only with caution, as if the
signal were one of flashing yellow.
(2) Whenever a pedestrian faces a pedestrian-control signal as provided in section
42-4-802 Which is inoperative or which remains on "Don't Walk" or "Wait" during several
time cycles, such pedestrian shall not enter the roadway unless the pedestrian can do so
safely and without interfering with any vehicular traffic.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2346, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-514 as it existed prior to 1994, and the
former § 42-4-612 was relocated to § 42-4-1903.
42-4-613. Failure to pay toll established by regional transportation authority. Any
person who fails to pay a required fee, toll, rate, or charge established by a regional
transportation authority created pursuant to part 6 of article 4 of title 43, C.R.S., for the
privilege of traveling on or using any property included in a regional transportation system
pursuant to part 6 of article 4 of title 43, C.R.S., commits a class A traffic infraction.
42-4-614 Vehicles and Traffic Title 42 - page 386
Source: L. 97: Entire section added, p. 498, § 2, effective August 6. L. 2005: Entire
section amended, p. 1069, § 17, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
42-4-614. Designation of highway maintenance, repair, or construction zones -
signs - increase in penalties for speeding violations. (1) (a) If maintenance, repair, or
construction activities are occurring or will occur within four hours on a portion of a state
highway, the department of transportation may designate such portion of the highway as a
highway maintenance, repair, or construction zone. Any person who commits certain
violations listed in section 42-4-1701 (4) in a maintenance, repair, or construction zone that
is designated pursuant to this section is subject to the increased penalties and surcharges
imposed by section 42-4-1701 (4) (c).
(b) If maintenance, repair, or construction activities are occurring or will occur within
four hours on a portion of a roadway that is not a state highway, the public entity conducting
the activities may designate such portion of the roadway as a maintenance, repair, or
construction zone. A person who commits certain violations listed in section 42-4-1701 (4)
in a maintenance, repair, or construction zone that is designated pursuant to this section is
subject to the increased penalties and surcharges imposed by section 42-4-1701 (4) (c).
(2) The department of transportation or other public entity shall designate a mainte-
nance, repair, or construction zone by erecting or placing an appropriate sign in a
conspicuous place before the area where the maintenance, repair, or construction activity is
taking place or will be taking place within four hours. Such sign shall notify the public that
increased penalties for certain traffic violations are in effect in such zone. The department
of transportation or other public entity shall erect or place a second sign after such zone
indicating that the increased penalties for certain traffic violations are no longer in effect. A
maintenance, repair, or construction zone begins at the location of the sign indicating that
increased penalties are in effect and ends at the location of the sign indicating that the
increased penalties are no longer in effect.
(3) Signs used for designating the beginning and end of a maintenance, construction, or
repair zone shall conform to department of transportation requirements. The department of
transportation or other public entity may display such signs on any fixed, variable, or
movable stand. The department of transportation or other public entity may place such a
sign on a moving vehicle if required for certain activities, including, but not limited to,
highway painting work.
Source: L. 97: Entire section added, p. 1385, § 5, effective July 1. L. 2005: (1) and (2)
amended, p. 1222, § 4, effective August 8. L. 2008: Entire section amended, p. 2078, § 2,
effective June 3.
Editor's note: This section was originally numbered as § 42-4-613 in House Bill 97-1003 but has
been renumbered on revision for ease of location.
Cross references: (1) In 2005, subsections (1) and (2) were amended by the "Lopez-Forrester
act". For the short title and legislative declaration, see sections 1 and 2 of chapter 276, Session Laws
of Colorado 2005.
(2) Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act amending this
section shall be known and may be cited as the "Charles Mather Highway Safety Act".
42-4-615. School zones - increase in penalties for moving traffic violations.
(1) Any person who commits a moving traffic violation in a school zone is subject to the
increased penalties and surcharges imposed by section 42-4-1701 (4) (d).
(2) For the purposes of this section, "school zone" means an area that is designated as
a school zone and has appropriate signs posted indicating that the penalties and surcharges
will be doubled. The state or local government having jurisdiction over the placement of
traffic signs and traffic control devices in the school zone area shall designate when the area
Title 42 - page 387 Regulation of Vehicles and Traffic 42-4-616
will be deemed to be a school zone for the purposes of this section. In making such
designation, the state or local government shall consider when increased penalties are
necessary to protect the safety of school children.
(3) This section does not apply if the penalty and surcharge for a violation has been
doubled pursuant to section 42-4-614 because such violation also occurred within a
highway maintenance, repair, or construction zone.
Source: L. 98: Entire section added, p. 588, § 1, effective July 1.
42-4-616. Wildlife crossing zones - increase in penalties for moving traffic viola-
tions. (1) Except as described by subsection (4) of this section, a person who commits a
moving traffic violation in a wildlife crossing zone is subject to the increased penalties and
surcharges imposed by section 42-4-1701 (4) (d.5).
(2) For the purposes of this section, " wildlife crossing zone*' means an area on a public
highway that:
(a) Begins at a sign that conforms to the state traffic control manual, was erected by the
department of transportation pursuant to section 42-4-118, and indicates that a person is
about to enter a wildlife crossing zone; and
(b) Extends to:
(I) A sign that conforms to the state traffic control manual, was erected by the
department of transportation pursuant to section 42-4-118, and indicates that a person is
about to leave a wildlife crossing zone; or
(II) If no sign exists that complies with subparagraph (I) of this paragraph (b), the
distance indicated on the sign indicating the beginning of the wildlife crossing zone; or
(IE) If no sign exists that complies with subparagraph (I) or (II) of this paragraph (b),
one-half mile beyond the sign indicating the beginning of the wildlife crossing zone.
(3) (a) If the department of transportation erects a sign that indicates that a person is
about to enter a wildlife crossing zone pursuant to section 42-4-118, the department of
transportation shall:
(I) Establish the times of day and the periods of the calendar year during which the area
will be deemed to be a wildlife crossing zone for the purposes of this section; and
(II) Ensure that the sign indicates the times of day and the periods of the calendar year
during which the area will be deemed to be a wildlife crossing zone for the purposes of this
section.
(b) In erecting signs as described in paragraph (a) of this subsection (3), the department
of transportation, pursuant to section 42-4-118, shall not erect signs establishing a lower
speed limit for more than one hundred miles of the public highways of the state that have
been established as wildlife crossing zones.
(4) This section shall not apply if:
(a) The person who commits a moving traffic violation in a wildlife crossing zone is
already subject to increased penalties and surcharges for said violation pursuant to section
42-4-614 or 42-4-615;
(b) The sign indicating that a person is about to enter a wildlife crossing zone does not
indicate that increased traffic penalties are in effect in the zone; or
(c) The person who commits a moving traffic violation in a wildlife crossing zone
commits the violation during a time that the area is not deemed by the department of
transportation to be a wildlife crossing zone for the purposes of this section.
Source: L. 2010: Entire section added, (HB 10-1238), ch. 393, p. 1868, § 2, effective
September 1.
PART 7
RIGHTS-OF-WAY
Cross references: For penalties for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
42-4-701
Vehicles and Traffic
Title 42 - page 388
42-4-701. Vehicles approaching or entering intersection. (1) When two vehicles
approach or enter an intersection from different highways at approximately the same time,
the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(2) The foregoing rule is modified at through highways and otherwise as stated in
sections 42-4-702 to 42-4-704.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2346, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-601 as it existed prior to 1994, and the
former § 42-4-701 was relocated to § 42-4-801.
ANNOTATION
Law reviews. For article, "Scope of the
Right-of-Way Privilege", see 19 Dicta 122
(1942).
Annotator's note. Since § 42-4-701 is sim-
ilar to § 42-4-601 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
State law does not take away city's power
to regulate traffic. If a city has power under the
state constitution to pass ordinances regulating
vehicular traffic upon its streets, it cannot be
deprived of that power by the passage of a state
law. And if there is a conflict between statute
and ordinance the ordinance controls. City &
County of Denver v. Henry, 95 Colo. 582, 38
P.2d 895 (1934); Brown v. Maier, 96 Colo. 1, 38
P.2d 905 (1934); Thomasson v. Burlington
Transp. Co., 128 F. 2d 355 (10th Cir. 1942).
Question of contributory negligence mea-
sured by requirements of city ordinance.
Thus, in action for injuries sustained in automo-
bile accident at an intersection, the question of
plaintiff's contributory negligence must be mea-
sured by the requirements of the city ordinance
relating to right-of-way at intersections and not
by this section, where there was a conflict.
Thomasson v. Burlington Transp. Co., 128 F.2d
355 (10th Cir. 1942).
Insufficient evidence to charge contribu-
tory negligence. To properly apply the "look
but not see" rule, as a matter of law, it is
elemental that the approaching vehicle must be
plainly visible and that the view of it must be
unobstructed. If the evidence on these points is
not clear or is disputed, then it remains a fact
question for the trier of the facts to resolve. The
effect of these findings by the trial court is that
the evidence was insufficient to charge the de-
fendant with contributory negligence when
plaintiff negligently failed to yield right-of-way.
Hernandez v. Ratliff, 172 Colo. 129, 470 P.2d
579 (1970).
Need not yield right-of-way to one already
at fault A driver cannot be required to yield the
right-of-way when his inability to know and act
is chargeable to the lawless conduct of him who
claims it. Boyd v. Close, 82 Colo. 150, 257 P.
1079 (1927); Andrus v. Hall, 93 Colo. 526, 27
P.2d 495 (1933).
One having right-of-way must still use rea-
sonable care. Prentiss v. Johnston, 119 Colo.
370, 203 P. 2d 733 (1949).
Violation is question for jury. Whether or
not either of the drivers or both were negligent
in violating this section and whether said negli-
gence was the proximate cause of this accident,
or whether it was caused by the joint and con-
current negligence of both, are questions of fact
for the jury to determine. Amos v. Remington
Arms Co., 117 Colo. 399, 188 P.2d 896 (1948).
Applied in Lorenzini v. Rucker, 95 Colo. 246,
35 P.2d 865 (1934).
42-4-702. Vehicle turning left The driver of a vehicle intending to turn to the left
within an intersection or into an alley, private road, or driveway shall yield the right-of-way
to any vehicle approaching from the opposite direction which is within the intersection or
so close thereto as to constitute an immediate hazard. Any person who violates any
provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2346, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-602 as it existed prior to 1994, and the
former § 42-4-702 was relocated to § 42-4-802.
Title 42 - page 389
Regulation of Vehicles and Traffic
ANNOTATION
42-4-703
Annotator's note. Since § 42-4-702 is sim-
ilar to § 42-4-602 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
The evidence clearly disclosed negligence
on the part of defendants in making left turn
and failed to show any contributory negligence
on the part of driver of plaintiffs car which
would bar recovery. Tboen v. Pub. Serv. Co.,
112 Colo. 126, 146 P.2d 349 (1944).
Sufficient evidence of contributory negli-
gence to take issue to jury. Where the defen-
dant testified that no vehicle was within the
intersection or so close thereto as to constitute
an immediate hazard and that he was therefore
entitled to the right-of-way as he proceeded to
make his left turn, and where plaintiff testified
that defendant turned directly in front of him
and plaintiff had the right-of-way, there is evi-
dence in the record from which the jury might
find that the plaintiff was contributorily negli-
gent, and the issue of contributory negligence
should have gone to the jury. Eagan v.
Maiselson, 142 Colo. 233, 350 P.2d 567 (1960).
42-4-703. Entering through highway - stop or yield intersection. (1) The depart-
ment of transportation and local authorities, within their respective jurisdictions, may erect
and maintain stop signs, yield signs, or other official traffic control devices to designate
through highways or to designate intersections or other roadway junctions at which
vehicular traffic on one or more of the roadways is directed to yield or to stop and yield
before entering the intersection or junction. In the case of state highways, such regulations
shall be subject to the provisions of section 43-2-135 (1) (g), C.R.S.
(2) Every sign erected pursuant to subsection ( 1) of this section shall be a standard sign
adopted by the department of transportation.
(3) Except when directed to proceed by a police officer, every driver of a vehicle
approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering
the crosswalk on the near side of the intersection, or if none, then at the point nearest the
intersecting roadway where the driver has a view of approaching traffic on the intersecting
roadway before entering it. After having stopped, the driver shall yield the right-of-way to
any vehicle in the intersection or approaching on another roadway so closely as to constitute
an immediate hazard during the time when such driver is moving across or within the
intersection or junction of roadways.
(4) The driver of a vehicle approaching a yield sign, in obedience to such sign, shall
slow to a speed reasonable for the existing conditions and, if required for safety to stop,
shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the
near side of the intersection, or if none, then at die point nearest the intersecting roadway
where the driver has a view of approaching traffic on the intersecting roadway before
entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle
in the intersection or approaching on another roadway so closely as to constitute an
immediate hazard during die time such driver is moving across or within the intersection or
junction of roadways; except that, if a driver is involved in a collision with a vehicle in the
intersection or junction of roadways after driving past a yield sign without stopping, such
collision shall be deemed prima facie evidence of the driver's failure to yield right-of-way.
(5) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2347, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-603 as it existed prior to 1994, and the
former § 42-4-703 was relocated to § 42-4-803.
ANNOTATION
Annotator's note. Since § 42-4-703 is sim- amending of title 42 as enacted by SB 94-1,
ilar to § 42-4-603 as it existed prior to the 1994 relevant cases construing that provision have
42-4-704
Vehicles and Traffic
Title 42 -page 390
been included with the annotations to this sec-
tion.
This section governs traffic at rural inter-
sections. Seifried v. Mosher, 129 Colo. 156, 268
P.2d 411 (1954).
The phrase "approaching so closely as to
constitute an immediate hazard" necessarily
imposes due care and caution on the part of the
approaching driver under all the facts and cir-
cumstances present. Seifried v. Mosher, 129
Colo. 456, 268 P.2d 411 (1954).
Violation of a traffic statute may serve as
the basis of a negligence per se determination.
Subsection (3) was adopted for the public's
safety and may be used as a basis for asserting
negligence per se. Bullock v. Wayne, 623 F.
Supp. 2d 1247 (D. Colo. 2009).
Section 42-4-1713 prevents the admission
of evidence of conviction for failure to yield in
violation of subsection (3) of this section. That
evidence may not be introduced at trial or during
summary judgment. Bullock v. Wayne, 623 F.
Supp. 2d 1247 (D. Colo. 2009).
Violation is question for jury. Whether or
not either of the drivers or both were negligent
in violating this section and whether said negli-
gence was the proximate cause of this accident,
or whether it was caused by the joint and con-
current negligence of both, were questions of
fact for the jury to determine. Amos v.
Remington Arms Co., 117 Colo. 399, 188 P.2d
896 (1948).
Negligence is generally for the jury, and
always so when the measure of duty is rea-
sonable care. Seifried v. Mosher, 129 Colo.
156, 268 P.2d 411 (1954).
Applied in Smith v. Charnes, 649 P.2d 1089
(Colo. 1982).
42-4-704. Vehicle entering roadway. The driver of a vehicle about to enter or cross a
roadway from any place other than another roadway shall yield the right-of-way to all
vehicles approaching on the roadway to be entered or crossed. Any person who violates any
provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2347, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-604 as it existed prior to 1994, and the
former § 42-4-704 was relocated to § 42-4-804.
Cross references: For duty to yield when entering a roadway from a driveway or alley, see
§ 42-4-710.
ANNOTATION
Annotator's note. Since § 42-4-704 is sim-
ilar to § 42-4-604 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Whether one is heading into the highway,
or backing into it, he is still entering the
highway. Yockey Trucking Co. v. Handy, 128
Colo. 404, 262 P.2d 930 (1953).
The duty of a driver backing his automo-
bile into a street or roadway is clearly set forth
in McBride v. Woods, 124 Colo. 384, 238 P.2d
183 (1951); Yockey Trucking Co. v. Handy, 128
Colo. 404, 262 P.2d 930 (1953).
The duty of one driving on a highway who
arrives at an intersection of that highway and
a private road or driveway is not the same duty
of care as at an intersection of two highways.
Curtis v. Lawley, 140 Colo. 476, 346 P.2d 579
(1959).
And despite the statutory requirement that
one traveling on a public highway has the
right-of-way over one entering the highway
from a private road is but a reaffirmation of the
rule of the road. Curtis v. Lawley, 140 Colo.
476, 346 P.2d 579 (1959).
Right-of-way must be used with due care.
Notwithstanding the fact the operator of a vehi-
cle over a public road has the right-of-way over
a person entering thereon from a private road-
way, he must use his right in a reasonable man-
ner; in other words, it is the duty of both parties
to use due care as that term is understood at
common law. Curtis v. Lawley, 140 Colo. 476,
346 P.2d 579 (1959).
42-4-705. Operation of vehicle approached by emergency vehicle - operation of
vehicle approaching stationary emergency vehicle or stationary towing carrier vehicle.
(1) Upon the immediate approach of an authorized emergency vehicle making use of
audible or visual signals meeting the requirements of section 42-4-213 or 42-4-222, the
driver of every other vehicle shall yield the right-of-way and where possible shall imme-
diately clear the farthest left-hand lane lawfully available to through traffic and shall drive
Title 42 - page 391 Regulation of Vehicles and Traffic 42-4-705
to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway
clear of any intersection and shall stop and remain in that position until the authorized
emergency vehicle has passed, except when otherwise directed by a police officer.
(2) (a) A driver in a vehicle that is approaching or passing a stationary authorized
emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating
red, blue, or white lights as permitted by section 42-4-213 or 42-4-222 or a stationary
towing carrier vehicle that is giving a visual signal by means of flashing, rotating, or
oscillating yellow lights shall exhibit due care and caution and proceed as described in
paragraphs (b) and (c) of this subsection (2).
(b) On a highway with at least two adjacent lanes proceeding in the same direction on
the same side of the highway where a stationary authorized emergency vehicle or stationary
towing carrier vehicle is located, the driver of an approaching or passing vehicle shall
proceed with due care and caution and yield the right-of-way by moving into a lane at least
one moving lane apart from the stationary authorized emergency vehicle or stationary
towing carrier vehicle, unless directed otherwise by a peace officer or other authorized
emergency personnel. If movement to an adjacent moving lane is not possible due to
weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the
driver of the approaching vehicle shall proceed in the manner described in paragraph (c) of
this subsection (2).
(c) On a highway that does not have at least two adjacent lanes proceeding in the same
direction on the same side of the highway where a stationary authorized emergency vehicle
or stationary towing carrier vehicle is located, or if movement by the driver of the
approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this
subsection (2), is not possible, the driver of an approaching vehicle shall reduce and
maintain a safe speed with regard to the location of the stationary authorized vehicle or
stationary towing carrier vehicle, weather conditions, road conditions, and vehicular or
pedestrian traffic and proceed with due care and caution, or as directed by a peace officer
or other authorized emergency personnel.
(2.5) (a) A driver in a vehicle that is approaching or passing a maintenance, repair, or
construction vehicle that is moving at less man twenty miles per hour shall exhibit due care
and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.5).
(b) On a highway with at least two adjacent lanes proceeding in the same direction on
the same side of the highway where a stationary or slow-moving maintenance, repair, or
construction vehicle is located, the driver of an approaching or passing vehicle shall proceed
with due care and caution and yield the right-of-way by moving into a lane at least one
moving lane apart from the vehicle, unless directed otherwise by a peace officer or other
authorized emergency personnel. If movement to an adjacent moving lane is not possible
due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic,
the driver of the approaching vehicle shall proceed in the manner described in paragraph (c)
of this subsection (2.5).
(c) On a highway that does not have at least two adjacent lanes proceeding in the same
direction on the same side of the highway where a stationary or slow-moving maintenance,
repair, or construction vehicle is located, or if movement by the driver of the approaching
vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.5),
is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed
with regard to the location of the stationary or slow-moving maintenance, repair, or
construction vehicle, weather conditions, road conditions, and vehicular or pedestrian
traffic, and shall proceed with due care and caution, or as directed by a peace officer or other
authorized emergency personnel.
(2.6) (a) A driver in a vehicle that is approaching or passing a motor vehicle where the
tires are being equipped with chains on the side of the highway shall exhibit due care and
caution and proceed as described in paragraphs (b) and (c) of this subsection (2.6).
(b) On a highway with at least two adjacent lanes proceeding in the same direction on
the same side of the highway where chains are being applied to the tires of a motor vehicle,
the driver of an approaching or passing vehicle shall proceed with due care and caution and
yield the right-of-way by moving into a lane at least one moving lane apart from the vehicle,
unless directed otherwise by a peace officer or other authorized emergency personnel. If
42-4-706 Vehicles and Traffic Title 42 - page 392
movement to an adjacent moving lane is not possible due to weather, road conditions, or the
immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle
shall proceed in the manner described in paragraph (c) of this subsection (2.6).
(c) On a highway that does not have at least two adjacent lanes proceeding in the same
direction on the same side of the highway where chains are being applied to the tires of a
motor vehicle, or if movement by the driver of the approaching vehicle into an adjacent
moving lane, as described in paragraph (b) of this subsection (2.6), is not possible, the
driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the
location of the motor vehicle where chains are being applied to the tires, weather conditions,
road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and
caution, or as directed by a peace officer or other authorized emergency personnel.
(3) (a) Any person who violates subsection (1) of this section commits a class A traffic
infraction.
(b) Any person who violates subsection (2), (2.5), or (2.6) of this section commits
careless driving as described in section 42-4-1402.
Source: L. 94: Entire title amended with relocations, p. 2347, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 711, § 1, effective July 1. L. 2008: (2.5) and
(2.6) added and (3)(b) amended, p. 2081, § 6, effective June 3. L. 2011: (2) amended, (SB
11-260), ch. 298, p. 1434, § 3, effective July 1.
Editor's note: This section is similar to former § 42-4-605 as it existed prior to 1994, and the
former § 42-4-705 was relocated to § 42-4-805.
Cross references: (1) Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the
act enacting subsections (2.5) and (2.6) and amending subsection (3)(b) shall be known and may be
cited as the "Charles Mather Highway Safety Act".
(2) In 201 1 , subsection (2) was amended by the "Allen Rose Tow-truck Safety Act" . For the short
title, see section 1 of chapter 298, Session Laws of Colorado 2011.
42-4-706. Obedience to railroad signal. ( 1 ) Any driver of a motor vehicle approach-
ing a railroad crossing sign shall slow down to a speed that is reasonable and safe for the
existing conditions. If required to stop for a traffic control device, flagperson, or safety
before crossing the railroad grade crossing, the driver shall stop at the marked stop line, if
any. If no such stop line exists, the driver shall:
(a) Stop not less than fifteen feet nor more than fifty feet from the nearest rail of the
railroad grade crossing and shall not proceed until the railroad grade can be crossed safely;
or
(b) In the event the driver would not have a reasonable view of approaching trains when
stopped pursuant to paragraph (a) of this subsection (1), stop before proceeding across the
railroad grade crossing at the point nearest such crossing where the driver has a reasonable
view of approaching trains and not proceed until the railroad grade can be crossed safely.
(2) No person shall drive any vehicle through, around, or under any crossing gate or
barrier at a railroad crossing while such gate or barrier is closed or is being opened or
closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or
barrier at a railroad grade crossing while such gate or barrier is closed or is being opened
or closed.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2348, § 1, effective January 1,
1995. L. 95: (l)(b) amended, p. 955, § 14, effective May 25.
Editor's note: This section is similar to former § 42-4-606 as it existed prior to 1994, and the
former § 42-4-706 was relocated to § 42-4-806.
42-4-707. Certain vehicles must stop at railroad grade crossings. (1) Except as
otherwise provided in this section, the driver of a school bus, as defined in paragraph (b) of
Title 42 -page 393 Regulation of Vehicles and Traffic 42-4-708
subsection (5) of this section, carrying any schoolchild, the driver of a vehicle carrying
hazardous materials that is required to be placarded in accordance with regulations issued
pursuant to section 42-20-108, or the driver of a commercial vehicle, as defined in section
42-4-235, that is transporting passengers, before crossing at grade any tracks of a railroad,
shall stop such vehicle within fifty feet but not less than fifteen feet from the nearest rail of
such railroad and while so stopped shall listen and look in both directions along such track
for any approaching train and for signals indicating the approach of a train and shall not
proceed until the driver can do so safely. After stopping as required in this section and upon
proceeding when it is safe to do so, the driver of any said vehicle shall cross only in such
gear of the vehicle that there will be no necessity for changing gears while traversing such
crossing, and the driver shall not manually shift gears while crossing the tracks.
(2) This section shall not apply at street railway grade crossings within a business
district.
(3) When stopping as required at such railroad crossing, the driver shall keep as far to
the right of the roadway as possible and shall not form two lanes of traffic unless the
roadway is marked for four or more lanes of traffic.
(4) Subsection (1) of this section shall not apply at:
(a) (Deleted by amendment, L. 2006, p. 42, § 1, effective July 1, 2006.)
(b) Any railroad grade crossing at which traffic is regulated by a traffic control signal;
(c) Any railroad grade crossing at which traffic is controlled by a police officer or
human flagperson;
(d) Any railroad crossing where state or local road authorities within their respective
jurisdictions have determined that trains are not operating during certain periods or seasons
of the year and have erected an official sign carrying the legend "exempt", which shall give
notice when so posted that such crossing is exempt from the stopping requirement provided
for in this section.
(5) For the purposes of this section:
(a) The definition of hazardous materials shall be the definition contained in the rules
adopted by the chief of the Colorado state patrol pursuant to section 42-20-108.
(b) "School bus" means a school bus that is required to bear on the front and rear of
such school bus the words 'SCHOOL BUS" and display visual signal lights pursuant to
section 42-4-1903 (2) (a).
(6) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2349, § 1, effective January 1,
1995. L. 95: (1) amended, p. 956, § 15, effective May 25. L. 2000: (1) and (5) amended,
p. 20, § 2, effective March 9. L. 2006: (1), (2), and (4)(a) amended, p. 42, § 1, effective
July 1. L. 2010: (5)(b) amended, (HB 10-1232), ch. 163, p. 573, § 13, effective April 28.
Editor's note: This section is similar to former § 42-4-608 as it existed prior to 1994, and the
former § 42-4-707 was relocated to § 42-4-807.
42-4-708. Moving heavy equipment at railroad grade crossing. (1) No person
shall operate or move any crawler-type tractor, steam shovel, derrick, or roller or any
equipment or structure having a normal operating speed of ten or less miles per hour or a
vertical body or load clearance of less than nine inches above the level surface of a roadway
upon or across any tracks at a railroad grade crossing without first complying with this
section.
(2) Notice of any such intended crossing shall be given to a superintendent of such
railroad and a reasonable time be given to such railroad to provide proper protection at such
crossing.
(3) Before making any such crossing, the person operating or moving any such vehicle
or equipment shall first stop the same not less than fifteen feet nor more man fifty feet from
the nearest rail of such railroad, and while so stopped shall listen and look in both directions
along such track for any approaching train and for signals indicating the approach of a train,
and shall not proceed until the crossing can be made safely.
42-4-709
Vehicles and Traffic
Title 42 -page 394
(4) No such crossing shall be made when warning is given by automatic signal or
crossing gates or a flagperson or otherwise of the immediate approach of a railroad train or
car.
(5) Subsection (3) of this section shall not apply at any railroad crossing where state or
local road authorities within their respective jurisdictions have determined that trains are not
operating during certain periods or seasons of the year and have erected an official sign
carrying the legend "exempt'*, which shall give notice when so posted that such crossing
is exempt from the stopping requirement provided in this section.
(6) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2350, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-609 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-4-708 is sim-
ilar to § 42-4-609 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
Violation of this section is negligence per
se. Colo. & S. Ry. v. Duffy Storage & Moving
Co., 145 Colo. 344, 361 P.2d 144 (1961).
Last clear chance applies. A violation of this
section which would otherwise preclude a party
from recovering is not conclusive if the doctrine
of last clear chance applies, for then violation of
the statute is not the proximate cause of the
accident and a negligent plaintiff may yet re-
cover. Colo. & S. Ry. v. Duffy Storage & Mov-
ing Co., 145 Colo. 344, 361 P.2d 144 (1961).
42-4-709. Stop when traffic obstructed. No driver shall enter an intersection or a
marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space
on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate
the vehicle the driver is operating without obstructing the passage of other vehicles,
pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to
proceed. Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2350, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-609.5 as it existed prior to 1994, and the
former § 42-4-709 was relocated to § 42-4-808.
42-4-710. Emerging from or entering alley, driveway, or building. (1) The driver
of a vehicle emerging from an alley, driveway, building, parking lot, or other place,
immediately prior to driving onto a sidewalk or into the sidewalk area extending across any
such alleyway, driveway, or entranceway, shall yield the right-of-way to any pedestrian
upon or about to enter such sidewalk or sidewalk area extending across such alleyway,
driveway, or entranceway, as may be necessary to avoid collision, and when entering the
roadway shall comply with the provisions of section 42-4-704.
(2) The driver of a vehicle entering an alley, driveway, or entranceway shall yield the
right-of-way to any pedestrian within or about to enter the sidewalk or sidewalk area
extending across such alleyway, driveway, or entranceway.
(3) No person shall drive any vehicle other than a bicycle, electric assisted bicycle, or
any other human-powered vehicle upon a sidewalk or sidewalk area, except upon a
permanent or duly authorized temporary driveway.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Title 42 - page 395 Regulation of Vehicles and Traffic 42-4-713
Source: L. 94: Entire title amended with relocations, p. 2351, § 1, effective January 1,
1995. L. 2009: (3) amended, (HB 09-1026), ch. 281, p. 1277, § 52, effective October 1.
Editor's note: This section is similar to former § 42-4-610 as it existed prior to 1994.
42-4-711. Driving on mountain highways. (1) The driver of a motor vehicle trav-
eling through defiles or canyons or on mountain highways shall hold such motor vehicle
under control and as near to the right-hand edge of the highway as reasonably possible and,
except when driving entirely to the right of the center of the roadway, shall give audible
warning with the horn of such motor vehicle upon approaching any curve where the view
is obstructed within a distance of two hundred feet along the highway.
(2) On narrow mountain highways with turnouts having a grade of six percent or more,
ascending vehicles shall have the right-of-way over descending vehicles, except where it is
more practicable for the ascending vehicle to return to a turnout.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2351, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-611 as it existed prior to 1994.
42-4-712. Driving in highway work area. (1) The driver of a vehicle shall yield the
right-of-way to any authorized vehicle or pedestrian engaged in work upon a highway
within any highway construction or maintenance work area indicated by official traffic
control devices.
(2) The driver of a vehicle shall yield the right-of-way to any authorized service vehicle
engaged in work upon a highway whenever such vehicle displays flashing lights meeting
the requirements of section 42-4-214.
(3) State and local road authorities, within their respective jurisdictions and in coop-
eration with law enforcement agencies, may train and appoint adult civilian personnel for
special traffic duty as highway flagpersons within any highway maintenance or construction
work area. Whenever such duly authorized flagpersons are wearing the badge, insignia, or
uniform of their office, are engaged in the performance of their respective duties, and are
displaying any official hand signal device of a type and in the manner prescribed in the
adopted state traffic control manual or supplement thereto for signaling traffic in such areas
to stop or to proceed, no person shall willfully fail or refuse to obey the visible instructions
or signals so displayed by such flagpersons. Any alleged willful failure or refusal of a driver
to comply with such instructions or signals, including information as to the identity of the
driver and the license plate number of the vehicle alleged to have been so driven in
violation, shall be reported by the work area supervisor in charge at the location to the
district attorney for appropriate penalizing action in a court of competent jurisdiction. Any
person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2351, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-614 as it existed prior to 1994.
42-4-713. Yielding right-of-way to transit buses -definitions- penalty. (1) As used
in this section, unless the context otherwise requires:
(a) "Public mass transit operator*' has the same meaning as in section 43-1-102 (5),
C.R.S.
(b) "Transit bus" means a bus operated by a public mass transit operator.
(2) Drivers of vehicles in the same lane of traffic and behind a transit bus shall yield the
right-of-way to the bus if:
42-4-801 Vehicles and Traffic Title 42 - page 396
(a) The driver of the transit bus, after stopping to allow passengers to board or exit, is
signaling an intention to enter a traffic lane; and
(b) A yield sign as described in subsection (3) of this section is displayed and
illuminated on the back of the transit bus.
(3) The yield sign referred to in paragraph (b) of subsection (2) of this section shall:
(a) Warn a driver of a vehicle behind the transit bus that the driver is required to yield
when the bus is entering a traffic lane; and
(b) Be illuminated when the driver of the transit bus is attempting to enter a traffic lane.
(4) This section does not require a public mass transit operator to install yield signs as
described in subsection (3) of this section on transit buses operated by the public mass
transit operator.
(5) This section does not relieve a driver of a transit bus from the duty to drive with due
regard for the safety of all persons using the roadway.
Source: L. 2009: Entire section added, (HB 09-1027), ch. 79, p. 287, § 1, effective
August 5.
PART 8
PEDESTRIANS
Cross references: For penalties for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
42-4-801. Pedestrian obedience to traffic control devices and traffic regulations.
(1) A pedestrian shall obey the instructions of any official traffic control device specifi-
cally applicable to the pedestrian, unless otherwise directed by a police officer.
(2) Pedestrians shall be subject to traffic and pedestrian-control signals as provided in
sections 42-4-604 and 42-4-802 (5).
(3) At all other places, pedestrians shall be accorded the privileges and shall be subject
to the restrictions stated in this title.
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2352, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-701 as it existed prior to 1994, and the
former § 42-4-801 was relocated to § 42-4-901.
42-4-802. Pedestrians 9 right-of-way in crosswalks. (1) When traffic control signals
are not in place or not in operation, the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within
a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is
traveling or when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger.
(2) Subsection (1) of this section shall not apply under the conditions stated in section
42-4-803.
(3) No pedestrian shall suddenly leave a curb or other place of safety and ride a bicycle,
ride an electrical assisted bicycle, walk, or run into the path of a moving vehicle that is so
close as to constitute an immediate hazard.
(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any
other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(5) Whenever special pedestrian-control signals exhibiting "Walk" or "Don't Walk"
word or symbol indications are in place, as declared in the traffic control manual adopted
by the department of transportation, such signals shall indicate and require as follows:
Title 42 - page 397 Regulation of Vehicles and Traffic 42-4-803
(a) "Walk** (steady): While the "Walk** indication is steadily illuminated, pedestrians
facing such signal may proceed across the roadway in the direction of the signal indication
and shall be given the right-of-way by the drivers of all vehicles.
(b) "Don't Walk** (steady): While the "Don't Walk** indication is steadily ffluminated,
no pedestrian shall enter the roadway in the direction of the signal indication.
(c) "Don't Walk** (flashing): Whenever the "Don*t Walk** indication is flashing, no
pedestrian shall start to cross the roadway in the direction of such signal indication, but any
pedestrian who has partly completed crossing during the "Walk** indication shall proceed
to a sidewalk or to a safety island, and all drivers of vehicles shall yield to any such
pedestrian.
(d) Whenever a signal system provides for the stopping of all vehicular traffic and the
exclusive movement of pedestrians and "Walk** and "Don't Walk'* signal indications
control such pedestrian movement, pedestrians may cross in any direction between corners
of the intersection offering the shortest route within the boundaries of the intersection while
the "Walk" indication is exhibited, if signals and other official devices direct pedestrian
movement in such manner consistent with section 42-4-803 (4).
(6) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2352, § 1, effective January 1,
1995. L. 2005: (3) amended, p. 1354, § 2, effective July 1. L. 2009: (3) amended, (HB
09-1026), ch. 281, p. 1277, § 53, effective October 1.
Editor's note: (1) This section is similar to former § 42-4-702 as it existed prior to 1994, and
the former § 42-4-802 was relocated to § 42-4-902.
(2) Section 137 of Senate Bill 09-292 changed the effective date of subsection (3) from July 1,
2010, to October 1, 2009.
42-4-803, Crossing at other than crosswalks. (1) Every pedestrian crossing a
roadway at any point other than within a marked crosswalk or within an unmarked
crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead
pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the
roadway.
(3) Between adjacent intersections at which traffic control signals are in operation,
pedestrians shall not cross at any place except in a marked crosswalk.
(4) No pedestrian shall cross a roadway intersection diagonally unless authorized by
official traffic control devices; and, when authorized to cross diagonally, pedestrians shall
cross only in accordance with the official traffic control devices pertaining to such crossing
movements.
(5) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2353, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-703 as it existed prior to 1994, and the
former § 42-4-803 was relocated to § 42-4-903.
ANNOTATION
Law reviews. For article, "One Year Review relevant cases construing that provision have
of Torts*', see 37 Dicta 67 (1960). been included with the annotations to this sec-
Annotator's note. Since § 42-4-803 is sim- tion,
ilar to § 42-4-703 as it existed prior to the 1994 A pedestrian "jay-walking" across a high-
amending of title 42 as enacted by SB 94-1, way is required to yield the right-of-way to
42-4-804
Vehicles and Traffic
Title 42 - page 398
automobiles, and failure to do so is negligence
per se. Dennis v. Johnson, 136 Colo. 357, 317
P.2d 890 (1957).
Instruction based on this section alone is
erroneous. In an action by a pedestrian against
a motorist for injuries allegedly occurring at an
intersection, an instruction based upon subsec-
tion (1) of this section, which fails to advise a
jury of the qualifications thereof contained in
§ 42-4-707, is erroneous. Allison v. Trustee,
140 Colo. 392, 344 P.2d 1077 (1959).
The care and caution required of an 11-
year-old child, who while crossing a multiple
lane highway was struck by defendant's auto-
mobile, depend on its maturity and capacity and
is also dependent on the circumstances of each
particular case. Schaffher v. Smith, 158 Colo.
387, 407 P.2d 23 (1965).
42-4-804. Pedestrian to use right half of crosswalk. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2354, § 1, effective January 1,
1995. L. 96: Entire section repealed, p. 564, § 29, effective April 24.
42-4-805. Pedestrians walking or traveling in a wheelchair on highways. (1) Pe-
destrians walking or traveling in a wheelchair along and upon highways where sidewalks
are not provided shall walk or travel only on a road shoulder as far as practicable from the
edge of the roadway. Where neither a sidewalk nor road shoulder is available, any
pedestrian walking or traveling in a wheelchair along and upon a highway shall walk as near
as practicable to an outside edge of the roadway and, in the case of a two-way roadway,
shall walk or travel only on the left side of the roadway facing traffic that may approach
from the opposite direction; except that any person lawfully soliciting a ride may stand on
either side of such two-way roadway where there is a view of traffic approaching from both
directions.
(2) No person shall stand in a roadway for the purpose of soliciting a ride from the
driver of any private vehicle. For the purposes of this subsection (2), "roadway'* means that
portion of the road normally used by moving motor vehicle traffic.
(3) It is unlawful for any person who is under the influence of alcohol or of any
controlled substance, as defined in section 18-18-102 (5), C.R.S., or of any stupefying drug
to walk or be upon that portion of any highway normally used by moving motor vehicle
traffic.
(4) This section applying to pedestrians shall also be applicable to riders of animals.
(5) Any city or town may, by ordinance, regulate the use by pedestrians of streets and
highways under its jurisdiction to the extent authorized under subsection (6) of this section
and sections 42-4-110 and 42-4-111, but no ordinance regulating such use of streets and
highways in a manner differing from this section shall be effective until official signs or
devices giving notice thereof have been placed as required by section 42-4-111 (2).
(6) No person shall solicit a ride on any highway included in the interstate system, as
defined in section 43-2-101 (2), C.R.S., except at an entrance to or exit from such highway
or at places specifically designated by the department of transportation; or, in an emergency
affecting a vehicle or its operation, a driver or passenger of a disabled vehicle may solicit
a ride on any highway.
(7) Pedestrians shall only be picked up where there is adequate road space for vehicles
to pull off and not endanger and impede the flow of traffic.
(8) Upon the immediate approach of an authorized emergency vehicle making use of
audible or visual signals meeting the requirements of section 42-4-213 or of a police vehicle
properly and lawfully making use of an audible signal only, every pedestrian shall yield the
right-of-way to the authorized emergency vehicle and shall leave the roadway and remain
off the same until the authorized emergency vehicle has passed, except when otherwise
directed by a police officer. This subsection (8) shall not relieve the driver of an authorized
emergency vehicle from the duty to use due care as provided in sections 42-4-108 (4) and
42-4-807.
(9) Any person who violates any provision of this section commits a class B traffic
infraction.
Title 42 - page 399 Regulation of Vehicles and Traffic 42-4-808
Source: L. 94: Entire title amended with relocations, p. 2354, § 1, effective January 1,
1995. L. 96: (8) amended, p. 959, § 5, effective July 1. L. 2012: (3) amended, (HB
12-1311), ch. 281, p. 1632, § 90, effective July 1.
Editor's note: This section is similar to former § 42-4-706 as it existed prior to 1994.
Cross references: For obstruction of highway or other passageway, see § 18-9-107.
42-4-806. Driving through safety zone prohibited. No vehicle at any time shall be
driven through or within a safety zone. Any person who violates any provision of this
section commits a class A traffic infraction.
Source: L. 94: Entire tide amended with relocations, p. 2355, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-706 as it existed prior to 1994.
42-4-807. Drivers to exercise due care. Notwithstanding any of the provisions of this
article, every driver of a vehicle shall exercise due care to avoid colliding with any
pedestrian upon any roadway and shall give warning by sounding the horn when necessary
and shall exercise proper precaution upon observing any child or any obviously confused
or incapacitated person upon a roadway. Any person who violates any provision of this
section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2355, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-707 as it existed prior to 1994.
ANNOTATION
Annototor's note. Since § 42-4-807 is sim- § 42-4-703. Allison v. Trustee, 140 Colo. 392,
ilarto§ 42-4-707 as it existed prior to the 1994 344 P.2d 1077 (1959) (decided under similar
amending of title 42 as enacted by SB 94-1, a provisions of law in effect prior to section 13-
relevant case construing that provision has been 5-148, C.R.S. 1963).
included with the annotations to this section.
This section places a definite qualification
upon the broad language of subsection (1) of
42-4-808. Drivers and pedestrians, other than persons in wheelchairs, to yield to
persons with disabilities. (1) Any pedestrian, other than a person in a wheelchair, or any
driver of a vehicle who approaches a person who has an obviously apparent disability of
blindness, deafness, or mobility impairment shall immediately come to a full stop and take
such precautions before proceeding as are necessary to avoid an accident or injury to said
person. A disability shall be deemed to be obviously apparent if, by way of example and
without limitation, the person is using a cane or crutches, is assisted by an assistance dog,
as defined in section 24-34-803 (7), C.R.S., is being assisted by another person, is in a
wheelchair, or is walking with an obvious physical impairment. Any person who violates
any provision of this section commits a class A traffic offense.
(2) The department has no authority to assess any points under section 42-2-127 to any
pedestrian who is convicted of a violation of subsection (1) of this section.
Source: L. 94: Entire title amended with relocations, p. 2355, § 1, effective January 1,
1995. L. 95: (1) amended, p. 325, § 5, effective August 7.
Editor's note: This section is similar to former § 42-4-709 as it existed prior to 1994.
42-4-901 Vehicles and Traffic Title 42 - page 400
ANNOTATION
This section does not eliminate defenses, action. McCall v. Meyers, 94 P.3d 1271 (Colo.
including comparative negligence, avail- App. 2004).
able to a driver of a vehicle in a civil
PART 9
TURNING - STOPPING
Cross references: For penalties for class A traffic infractions, see § 42-4-1701 (3)(a)(I).
42-4-901. Required position and method of turning. (1) The driver of a motor
vehicle intending to turn shall do so as follows:
(a) Right turns. Both the approach for a right turn and a right turn shall he made as
close as practicable to the right-hand curb or edge of the roadway.
(b) Left turns. The driver of a vehicle intending to turn left shall approach the turn in
the extreme left-hand lane lawfully available to traffic moving in the direction of travel of
such vehicle. Whenever practicable, the left turn shall be made to the left of the center of
the intersection so as to leave the intersection or other location in the extreme left-hand lane
lawfully available to traffic moving in the same direction as such vehicle on the roadway
being entered.
(c) Two-way left-turn lanes. Where a special lane for making left turns by drivers
proceeding in opposite directions has been indicated by official traffic control devices in the
manner prescribed in the state traffic control manual, a left turn shall not be made from any
other lane, and a vehicle shall not be driven in said special lane except when preparing for
or making a left turn from or into the roadway or when preparing for or making a U-turn
when otherwise permitted by law.
(2) The department of transportation and local authorities in their respective jurisdic-
tions may cause official traffic control devices to be placed and thereby require and direct
that a different course from that specified in this section be traveled by turning vehicles, and,
when such devices are so placed, no driver shall turn a vehicle other than as directed and
required by such devices. In the case of streets which are a part of the state highway system,
the local regulation shall be subject to the approval of the department of transportation as
provided in section 43-2-135 (1) (g), C.R.S.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2356, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-801 as it existed prior to 1994, and the
former § 42-4-901 was relocated to § 42-4-1001.
ANNOTATION
Annotator's note. Since § 42-4-901 is sim- Proof of a violation of subsection (l)(a)
ilar to § 42-4-801 as it existed prior to the 1994 constitutes negligence as a matter of law.
amending of title 42 as enacted by SB 94-1, a Knaus v. Yoder, 98 Colo. 1, 52 P.2d 1152 (1935).
relevant case construing that provision has been
included with the annotations to this section.
42-4-902. Limitations on turning around. (1) No vehicle shall be turned so as to
proceed in the opposite direction upon any curve or upon the approach to or near the crest
of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching
from either direction within such distance as is necessary to avoid interfering with or
endangering approaching traffic.
Title 42 - page 401
Regulation of Vehicles and Traffic
42-4-903
(2) The driver of any vehicle shall not turn such vehicle at an intersection or any other
location so as to proceed in the opposite direction unless such movement can be made in
safety and without interfering with or endangering other traffic.
(3) Local and state authorities, within their respective jurisdictions, subject to the
provisions of section 43-2-135 (1) (g), C.R.S., in the case of streets which are state
highways, may erect "U-turn** prohibition or restriction signs at intersections or other
locations where such movements are deemed to be hazardous, and, whenever official signs
are so erected, no driver of a vehicle shall disobey the instructions thereof.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2356, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-802 as it existed prior to 1994, and the
former § 42-4-902 was relocated to § 42-4-1002.
42-4-903. Turning movements and required signals. (1) No person shall turn a
vehicle at an intersection unless the vehicle is in proper position upon the roadway as
required in section 42-4-901, or turn a vehicle to enter a private road or driveway, or
otherwise turn a vehicle from a direct course or move right or left upon a roadway unless
and until such movement can be made with reasonable safety and then only after giving an
appropriate signal in the manner provided in sections 42-4-608 and 42-4-609.
(2) A signal of intention to turn right or left shall be given continuously during not less
than the last one hundred feet traveled by the vehicle before turning in urban or metropol-
itan areas and shall be given continuously for at least two hundred feet on all four-lane
highways and other highways where the prima facie or posted speed limit is more than forty
miles per hour. Such signals shall be given regardless of existing weather conditions.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving
an appropriate signal in the manner provided in sections 42-4-608 and 42-4-609 to the
driver of any vehicle immediately to the rear when there is opportunity to give such signal.
(4) The signals provided for in section 42-4-608 (2) shall be used to indicate an
intention to turn, change lanes, or start from a parked position and shall not be flashed on
one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass** signal
to operators of other vehicles approaching from the rear.
(5) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2357, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-803 as it existed prior to 1994, and the
former § 42-4-903 was relocated to § 42-4-1003.
ANNOTATION
The violation of this section does not, of
itself, impose liability for injuries caused by an
automobile, but the person seeking to recover
for such injuries must show, not only a violation,
but that such was the proximate cause of the
damage sustained. Barsch v. Hammond, 110
Colo. 441, 135 P.2d 519 (1943).
Evidence showing violation. Alden v. Wat-
son, 106 Colo. 103, 102 P.2d 479 (1940).
Section relating to parking outside busi-
inapplicable under certain circum-
stances when signals given. Where the condi-
tion of the traffic was such that the truck driver
had the right to slow down, and even to stop,
prior to making the left-hand turn, provided he
gave the statutory signals, § 42-4-803, relating
to parking outside of a business or residence,
does not apply. Hinkle v. Union Transf. Co., 229
F.2d 403 (10th Cir. 1955).
42-4-1001
Vehicles and Traffic
Title 42 -page 402
PART 10
DRIVING - OVERTAKING - PASSING
Cross references: For penalties for class A traffic infractions, see § 42-4-1701 (3)(a)(I).
42-4-1001. Drive on right side - exceptions. (1) Upon all roadways of sufficient
width, a vehicle shall be driven upon the right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;
(b) When an obstruction exists making it necessary to drive to the left of the center of
the highway; but any person so doing shall yield the right-of-way to all vehicles traveling
in the proper direction upon the unobstructed portion of the highway within such distance
as to constitute an immediate hazard;
(c) Upon a roadway divided into three lanes for traffic under the rules applicable
thereon; or
(d) Upon a roadway restricted to one-way traffic as indicated by official traffic control
devices.
(2) Upon all roadways any vehicle proceeding at less than the normal speed of traffic
at the time and place and under the conditions then existing shall be driven in the right-hand
lane then available for traffic or as close as practicable to the right-hand curb or edge of the
roadway, except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a private road or
driveway.
(3) Upon any roadway having four or more lanes for moving traffic and providing for
two-way movement of traffic, no vehicle shall be driven to the left of the center line of the
roadway, except when authorized by official traffic control devices designating certain lanes
to the left side of the center of the roadway for use by traffic not otherwise permitted to use
such lanes or except as permitted under subsection (1) (b) of this section. However, this
subsection (3) does not prohibit the crossing of the center line in making a left turn into or
from an alley, private road, or driveway when such movement can be made in safety and
without interfering with, impeding, or endangering other traffic lawfully using the highway.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2357, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-901 as it existed prior to 1994, and the
former § 42-4-1001 was relocated to § 42-4-1101.
ANNOTATION
Annotator's note. Since § 42-4-1001 is sim-
ilar to § 42-4-901 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Driving on the left side of the road is pre-
sumptive evidence of negligence. Globe Cereal
Mills v. Scrivener, 240 F.2d 330 (10th Cir.
1956).
Driving to the left of center may give rise to
a presumption of negligence. Sanchez v. Staats,
34 Colo. App. 243, 526 P.2d 672 (1974), afFd,
189 Colo. 228, 539 P.2d 1233 (1975).
Violation of a statute or ordinance regulat-
ing the use of highways is negligence as a
matter of law. Ankeny v. Talbot, 126 Colo. 313,
250 P.2d 1019 (1952).
But the presumption of negligence may be
rebutted by evidence showing that the conduct
was reasonable under the circumstances. San-
chez v. Staats, 34 Colo. App. 243, 526 P.2d 672
(1974), afTd, 189 Colo. 228, 539 P.2d 1233
(1975).
Issues of fact Whether conduct in driving
left of the center line was reasonable under the
circumstances and, if not, whether that conduct
was a proximate cause of the accident are
clearly issues of fact which should be left to the
jury to determine. Sanchez v. Staats, 34 Colo.
App. 243, 526 P.2d 672 (1974), afTd, 189 Colo.
228, 539 P.2d 1233 (1975).
Title 42 - page 403
Regulation of Vehicles and Traffic
42-4-1002
Last clear chance doctrine applicable. If
violation of this section is the proximate cause
of an accident, such negligent person cannot
recover unless the doctrine of last clear chance
is applicable. Ankeny v. Talbot, 126 Colo. 313,
250 P.2d 1019 (1952).
One of the essential conditions to applica-
tion of the doctrine of last clear chance is that
the person relying on the doctrine is unable to
extricate himself from a position of peril.
Ankeny v. Talbot, 126 Colo. 313, 250 P.2d 1019
(1952).
42-4-1002. Passing oncoming vehicles. (1) Drivers of vehicles proceeding in oppo-
site directions shall pass each other to the right, and, upon roadways having width for not
more than one lane of traffic in each direction, each driver shall give to the other at least
one-half of the main-traveled portion of the roadway as nearly as possible.
(2) A driver shall not pass a bicyclist moving in the same direction and in the same lane
when there is oncoming traffic unless the driver can simultaneously:
(a) Allow oncoming vehicles at least one-half of the main-traveled portion of the
roadway in accordance with subsection (1) of this section; and
(b) Allow the bicyclist at least a three-foot separation between the right side of the
driver's vehicle, including all mirrors or other projections, and the left side of the bicyclist
at all times.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2358, § 1, effective January 1,
1995. L. 2009: Entire section amended, (SB 09-148), ch. 239, p. 1087, § 1, effective
August 5.
Editor's note: This section is similar to former § 42-4-902 as it existed prior to 1994, and the
former § 42-4-1002 was relocated to § 42-4-1102.
ANNOTATION
Annotator's note. Since § 42-4-1002 is sim-
ilar to § 42-4-902 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
This section contemplates two lines of traf-
fic, and a main traveled roadway sufficient in
width for their accommodation. The statute by
its terms clearly requires the yielding, as nearly
as possible, by each of two vehicles approaching
each other, of at least one-half of the main
traveled portion of the roadway. So far as the
statute is explicit, the main traveled portion may
be in the center, or on either side of the roadway.
One-half of such traveled portion is exacted of
each traveler, if it is possible to be given; if not,
then as nearly as possible. Parrish v. Smith, 102
Colo. 250, 78 P.2d 629 (1938); Parrish v. Smith,
108 Colo. 256, 115 P.2d 647 (1941).
A situation might arise in which a strict
compliance with these statutory requirements
would be impossible. The reasonable provi-
sions are indicated for roadways, and of course
no fixed application thereof could be made to
parts of a road under construction, where chang-
ing conditions would not permit orderly travel
under established rules. Parrish v. Smith, 102
Colo. 250, 78 P.2d 629 (1938); Parrish v. Smith,
108 Colo. 256, 115 P.2d 647 (1941); Orth v.
Bauer, 163 Colo. 136, 429 P.2d 279 (1967).
In a case in which strict compliance with
these statutory requirements would be impos-
sible, then the ordinary rules are suspended. An
ordinarily prudent traveler with any warning at
all, in approaching a place of construction is
bound to know that all rules of the road are
suspended, and upon entering such an area be
prepared — for his own safety and that of others
— to submit to, and be governed by, conditions
as he finds them. In such circumstances he can-
not rely upon written traffic rules. Parrish v.
Smith, 102 Colo. 250, 78 P.2d 629 (1938);
Parrish v. Smith, 108 Colo. 256, 115 P.2d 647
(1941).
Suspension of rules is question for jury.
The question as to whether the physical condi-
tion of the roadway and its width were sufficient
to permit a truck to yield one-half of the road-
way to an automobile, as required by this sec-
tion, is properly submitted to the jury. Parrish v.
Smith, 108 Colo. 256, 115 P.2d 647 (1941).
Violation of section not negligence per se.
Violation of this section requiring drivers to
yield at least half of the roadway is not negli-
gence per se. Sanchez v. Staats, 34 Colo. App.
243, 526 P.2d 672 (1974), afTd, 189 Colo. 228,
539 P.2d 1233 (1975).
The rule that driving on the wrong side of
the road is presumptive evidence of negli-
42-4-1003
Vehicles and Traffic
Title 42 -page 404
gence, must be applied on a case by case basis
and cannot apply to every fact situation. Orth v.
Bauer, 163 Colo. 136, 429 P.2d 279 (1967).
42-4-1003. Overtaking a vehicle on the left (1) The following rules shall govern
the overtaking and passing of vehicles proceeding in the same direction, subject to the
limitations, exceptions, and special rules stated in this section and sections 42-4-1004 to
42-4-1008:
(a) The driver of a vehicle overtaking another vehicle proceeding in the same direction
shall pass to the left of the vehicle at a safe distance and shall not again drive to the right
side of the roadway until safely clear of the overtaken vehicle.
(b) The driver of a motor vehicle overtaking a bicyclist proceeding in the same
direction shall allow the bicyclist at least a three-foot separation between the right side of
the driver's vehicle, including all mirrors or other projections, and the left side of the
bicyclist at all times.
(c) Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible
signal and shall not increase the speed of the driver's vehicle until completely passed by the
overtaking vehicle.
(2) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2358, § 1, effective January 1,
1995. L. 2009: (1) amended, (SB 09-148), ch. 239, p. 1088, § 2, effective August 5.
Editor's note: This section is similar to former § 42-4-903 as it existed prior to 1994, and the
former § 42-4-1003 was relocated to § 42-4-1103.
ANNOTATION
Annotator's note. Since § 42-4-1003 is sim-
ilar to § 42-4-903 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Forward automobile not required to turn
further to right Under this section it would
seem clear that where the left half of the road-
way is clear and the forward automobile is on
the right half thereof, the driver of the latter is
not required to turn further to the right upon
hearing a passing signal given by the driver of
an overtaking car. Vasquez v. Morrow, 106 Colo.
540, 107 P.2d 246 (1940).
Failure to turn does not justify overtaking
vehicle to drive into collision. The mere failure
of the driver of an overtaken vehicle to turn to
the right does not justify the operator of the
overtaking vehicle to drive on into a collision
with the first. Vasquez v. Morrow, 106 Colo.
540, 107 P.2d 246 (1940).
Situation in which section not applicable.
Where plaintiff attempted to pass defendants'
truck within 200 feet of an intersection on a
four-lane, divided highway and defendants'
driver attempted to make a U-turn in front of
plaintiff without giving a warning signal, al-
though plaintiff gave all signals customarily
used in indicating that he was about to pass, this
section did not apply and defendants' negli-
gence was the proximate cause of a collision
between the vehicles of the parties. Wilson v.
Stroh, 121 Colo. 411, 216 P.2d 999 (1950).
42-4-1004. When overtaking on the right is permitted. (1) The driver of a vehicle
may overtake and pass upon the right of another vehicle only under the following
conditions:
(a) When the vehicle overtaken is making or giving indication of making a left turn;
(b) Upon a street or highway with unobstructed pavement not occupied by parked
vehicles and marked for two or more lanes of moving vehicles in each direction; or
(c) Upon a one-way street or upon any roadway on which traffic is restricted to one
direction of movement where the roadway is free from obstructions and marked for two or
more lanes of moving vehicles.
(1 .5) The driver of a motor vehicle upon a one-way roadway with two or more marked
Title 42 -page 405 Regulation of Vehicles and Traffic 42-4-1005
traffic lanes, when overtaking a bicyclist proceeding in the same direction and riding on the
left-hand side of the road, shall allow the bicyclist at least a three-foot separation between
the left side of the driver's vehicle, including all mirrors or other projections, and the right
side of the bicyclist at all times.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only
under conditions permitting such movement in safety. In no event shall such movement be
made by driving off the pavement or main-traveled portion of the roadway.
(3) Any person who violates any provision of mis section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2359, § 1, effective January 1,
1995. L. 2009: (1.5) added, (SB 09-148), ch. 239, p. 1088, § 3, effective August 5.
Editor's note: This section is similar to former § 42-4-904 as it existed prior to 1994, and the
former § 42-4-1004 was relocated to § 42-4-1104.
42-4-1005. Limitations on overtaking on the left (1) No vehicle shall be driven to
the left side of the center of the roadway in overtaking and passing another vehicle
proceeding in the same direction unless authorized by the provisions of this article and
unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance
ahead to permit such overtaking and passing to be completed without interfering with the
operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
In every event the overtaking vehicle must return to an authorized lane of travel as soon as
practicable and, in the event the passing movement involves the use of a lane authorized for
vehicles approaching from the opposite direction, before coming within two hundred feet
of any approaching vehicle.
(2) No vehicle shall be driven on the left side of the roadway under the following
conditions:
(a) When approaching or upon the crest of a grade or a curve in the highway where the
driver's view is obstructed within such distance as to create a hazard in the event another
vehicle might approach from the opposite direction;
(b) When approaching within one hundred feet of or traversing any intersection or
railroad grade crossing; or
(c) When the view is obstructed upon approaching within one hundred feet of any
bridge, viaduct, or tunnel.
(3) The department of transportation and local authorities are authorized to determine
those portions of any highway under their respective jurisdictions where overtaking and
passing or driving on the left side of the roadway would be especially hazardous and may
by appropriate signs or markings on the roadway indicate the beginning and end of such
zones. Where such signs or markings are in place to define a no-passing zone and such signs
or markings are clearly visible to an ordinarily observant person, no driver shall drive on
the left side of the roadway within such no-passing zone or on the left side of any pavement
striping designed to mark such no-passing zone throughout its length.
(4) The provisions of this section shall not apply:
(a) Upon a one-way roadway;
(b) Under the conditions described in section 42-4-1001 (1) (b);
(c) To the driver of a vehicle turning left into or from an alley, private road, or driveway
when such movement can be made in safety and without interfering with, impeding, or
endangering other traffic lawfully using the highway; or
(d) To the driver of a vehicle passing a bicyclist moving the same direction and in the
same lane when such movement can be made in safety and without interfering with,
impeding, or endangering other traffic lawfully using the highway.
(5) Any person who violates any provision of mis section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2359, § 1, effective January 1,
1995. L. 2009: (4)(d) added, (SB 09-148), ch. 239, p. 1088, § 4, effective August 5.
42-4-1006
Vehicles and Traffic
Title 42 -page 406
Editor's note: This section is similar to former § 42-4-905 as it existed prior to 1994, and the
former § 42-4-1005 was relocated to § 42-4-1105.
ANNOTATION
Annotator's note. Since § 42-4-1005 is sim-
ilar to § 42-4-905 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
The purpose of this section is to restrict
traffic to its proper lane if, for example, the
view ahead is obstructed by a grade or curve.
Globe Cereal Mills v. Scrivener, 240 F.2d 330
(10th Cir. 1956).
No vehicle shall at any time be driven on
the left side of the roadway when the prohib-
ited conditions exist This section also is clearly
intended to apply to a two-way or two-lane
highway for the avoidance of traffic coming
from the opposite direction and does not make
sensible application to two lanes for traffic all
going in the same direction. Wilson v. Stroh, 121
Colo. 411, 216 P.2d 999 (1950).
Vehicles approaching an intersection must
remain in or return to the right lane within
100 feet to remain free of negligence per se.
Since operators of motor vehicles often make
left turns at intersections and vehicles traveling
in the same direction which attempt to pass the
turning vehicle on its left may collide with it.
This is true whether the passing vehicle is
"driven to" or is "driven on" the left side of the
highway; within 100, 200, or 300 feet before
reaching the point of impact — the intersection.
Bd. of County Comm'rs v. F. H. Linneman, Inc.,
170 Colo. 130, 459 P.2d 277 (1969).
Instruction using this section is proper. In
an action for personal injuries sustained by pas-
senger in automobile which collided with car
that had negligently stopped in center of high-
way, it was held that evidence warranted an
instruction wherein court gave this section con-
cerning the passing of a car on the left. Jaeckel
v. Funk, 111 Colo. 179, 138 P.2d 939 (1943).
42-4-1006. One-way roadways and rotary traffic islands. (1) Upon a roadway
restricted to one-way traffic, a vehicle shall be driven only in the direction designated at all
or such times as shall be indicated by official traffic control devices.
(2) A vehicle passing around a rotary traffic island shall be driven only to the right of
such island.
(3) The department of transportation and local authorities with respect to highways
under their respective jurisdictions may designate any roadway, part of a roadway, or
specific lanes upon which vehicular traffic shall proceed in one direction at all or such times
as shall be indicated by official traffic control devices. In the case of streets which are a part
of the state highway system, the regulation shall be subject to the approval of the
department of transportation pursuant to section 43-2-135 (1) (g), C.R.S.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2360, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-906 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-4-1006 is sim-
ilar to § 42-4-906 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
Applied in People v. Dooley, 630 P.2d 608
(Colo. 1981).
42-4-1007. Driving on roadways laned for traffic. (1) Whenever any roadway has
been divided into two or more clearly marked lanes for traffic, the following rules in
addition to all others consistent with this section shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and
Title 42 - page 407
Regulation of Vehicles and Traffic
42-4-1008
shall not be moved from such lane until the driver has first ascertained that such movement
can be made with safety.
(b) Upon a roadway which is divided into three lanes and provides for two-way
movement of traffic, a vehicle shall not be driven in the center lane except when overtaking
and passing another vehicle traveling in the same direction where the roadway is clearly
visible and such center lane is clear of traffic within a safe distance, or in preparation for
a left turn, or where such center lane is at the time allocated exclusively to the traffic moving
in the direction the vehicle is proceeding and is designated by official traffic control devices
to give notice of such allocation. Under no condition shall an attempt be made to pass upon
the shoulder or any portion of the roadway remaining to the right of the indicated right-hand
traffic lane.
(c) Official traffic control devices may be erected directing specified traffic to use a
designated lane or designating those lanes to be used by traffic moving in a particular
direction regardless of the center of the roadway, and drivers of vehicles shall obey the
directions of every such device.
(d) Official traffic control devices may be installed prohibiting the changing of lanes on
sections of roadway, and drivers of vehicles shall obey the directions of every such device.
(2) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2360, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-907 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-4-1007 is sim-
ilar to § 42-4-907 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision have
been included with the annotations to this sec-
tion.
Officer had reasonable suspicion that a vi-
olation of this statute occurred, thus justifying
officer to stop vehicle, where vehicle moved
three to four feet into another lane of traffic,
essentially straddling the lane divider for several
seconds. United States v. Valenzuela, 494 F.3d
886 (10th Cir.), cert, denied, 552 U.S. 1032, 128
S. Q. 636, 169 L. Ed. 2d 411 (2007).
Applied in Brutcher v. District Court, 195
Colo. 579, 580 P.2d 396 (1978); People v.
Mascarenas, 632 P.2d 1028 (Colo. 1981).
42-4-1008. Following too closely. (1) The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable and prudent, having due regard for the
speed of such vehicles and the traffic upon and the condition of the highway.
(2) The driver of any motor truck or motor vehicle drawing another vehicle when
traveling upon a roadway outside of a business or residence district and which is following
another motor truck or motor vehicle drawing another vehicle shall, whenever conditions
permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space
without danger, except that this shall not prevent a motor truck or motor vehicle drawing
another vehicle from overtaking and passing any like vehicle or other vehicle.
(3) Motor vehicles being driven upon any roadway outside of a business or residence
district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated
as to allow sufficient space between each such vehicle or combination of vehicles so as to
enable any other vehicle to enter and occupy such space without danger. This provision
shall not apply to funeral processions.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2361, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-908 as it existed prior to 1994.
42-4-1008.5
Vehicles and Traffic
Title 42 -page 408
ANNOTATION
Annotator's note. Since § 42-4-1008 is sim-
ilar to § 42-4-908 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Violation of section not actionable negli-
gence unless proximate cause of accident
Where the plaintiff, by his own admission was
following a truck closer than 300 feet but his
pickup truck was hit in the rear by another truck,
the violation of this section was not actionable
negligence unless it was a proximate cause of
the accident. Gossard v. Watson, 122 Colo. 271,
221 P.2d 353 (1950); Bettner v. Boring, 764 P.2d
829 (Colo. 1988).
A pickup is not a "motor truck" within the
meaning of this section. Gossard v. Watson,
128 Colo. 275, 261 P.2d 502 (1953).
Evidently the general assembly in enacting
this statute had in mind "motor trucks" car-
rying heavy weights, or designed for transport-
ing heavy loads. Normally these are vehicles of
large size used for the purpose of transporting
heavy materials and merchandise, as distin-
guished from an ordinary automobile with a
wagon-shaped body. Gossard v. Watson, 128
Colo. 275, 261 P.2d 502 (1953).
42-4-1008.5. Crowding or threatening bicyclist (1) The driver of a motor vehicle
shall not, in a careless and imprudent manner, drive the vehicle unnecessarily close to,
toward, or near a bicyclist.
(2) Any person who violates subsection (1) of this section commits careless driving as
described in section 42-4-1402.
Source: L. 2009: Entire section added, (SB 09-148), ch. 239, p. 1088, § 5, effective
August 5.
42-4-1009. Coasting prohibited. ( 1 ) The driver of any motor vehicle when traveling
upon a downgrade shall not coast with the gears or transmission of such vehicle in neutral.
(2) The driver of a truck or bus when traveling upon a downgrade shall not coast with
the clutch disengaged.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2361, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-909 as it existed prior to 1994.
42-4-1010. Driving on divided or controlled-access highways. (1) Whenever any
highway has been divided into separate roadways by leaving an intervening space or by a
physical barrier or clearly indicated dividing section so constructed as to impede vehicular
traffic, every vehicle shall be driven only upon the right-hand roadway, unless directed or
permitted to use another roadway by official traffic control devices. No vehicle shall be
driven oyer, across, or within any such dividing space, barrier, or section, except through an
opening in such physical barrier or dividing section or space or at a crossover or intersection
as established, unless specifically prohibited by official signs and markings or by the
provisions of section 42-4-902. However, this subsection (1) does not prohibit a left turn
across a median island formed by standard pavement markings or other mountable or
traversable devices as prescribed in the state traffic control manual when such movement
can be made in safety and without interfering with, impeding, or endangering other traffic
lawfully using the highway.
(2) (a) No person shall drive a vehicle onto or from any controlled-access roadway
except at such entrances and exits as are established by public authority.
(b) Wherever an acceleration lane has been provided in conjunction with a ramp
entering a controlled-access highway and the ramp intersection is not designated or signed
as a stop or yield intersection as provided in section 42-4-703 (1), drivers may use the
acceleration lane to attain a safe speed for merging with through traffic when conditions
Title 42 - page 409 Regulation of Vehicles and Traffic 42-4-1012
permit such acceleration with safety. Traffic so merging shall be subject to the rule
governing the changing of lanes as set forth in section 42-4-1007 (1) (a).
(c) Wherever a deceleration lane has been provided in conjunction with a ramp leaving
a controlled-access highway, drivers shall use such lane to slow to a safe speed for making
an exit turn after leaving the mainstream of faster-moving traffic.
(3) The department of transportation may by resolution or order entered in its minutes
and local authorities may by ordinance consistent with the provisions of section 43-2-135
(1) (g), C.R.S., with respect to any controlled-access highway under their respective
jurisdictions, prohibit the use of any such highway by any class or kind of traffic which is
found to be incompatible with the normal and safe movement of traffic. The department of
transportation or the local authority adopting such prohibitory regulations shall install
official traffic control devices in conformity with the standards established by sections
42-4-601 and 42-4-602 at entrance points or along the highway on which such regulations
are applicable. When such devices are so in place, giving notice thereof, no person shall
disobey the restrictions made known by such devices. This subsection (3) shall not be
construed to give the department authority to regulate pedestrian use of highways in a
manner contrary to the provisions of section 42-4-805.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2362, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-910 as it existed prior to 1994.
42-4-1011. Use of runaway vehicle ramps. (1) No person shall use a runaway
vehicle ramp unless such person is in an emergency situation requiring use of the ramp to
stop such person's vehicle.
(2) No person shall stop, stand, or park a vehicle on a runaway vehicle ramp or in the
pathway of the ramp.
(3) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2363, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-911 as it existed prior to 1994.
42-4-1012. High occupancy vehicle (HOV) and high occupancy toll (HOT) lanes.
(1) (a) The department of transportation and local authorities, with respect to streets and
highways under their respective jurisdictions, may designate exclusive or preferential lanes
for vehicles that carry a specified number of persons. The occupancy level of vehicles and
the time of day when lane usage is restricted to high occupancy vehicles, if applicable, shall
be designated by official traffic control devices.
(b) (I) On or before July 1, 2001, the department shall issue a request for proposals to
private entities for the purpose of entering into a contract with such an entity for the
conversion of an existing high occupancy vehicle lane described in paragraph (a) of this
subsection (1) to a high occupancy toll lane and for the purpose of entering into a contract
for the operation of the high occupancy toll lane by a private entity; except that the
department may convert or operate the high occupancy toll lane, or both, in the event that
no proposal by a private entity for such conversion or operation, or both, is acceptable.
(It) The high occupancy toll lane shall be a lane for use by vehicles carrying less than
the specified number of persons for such high occupancy vehicle lane that pay a specified
toll or fee.
(EI) Any contract entered into between the department and a private entity pursuant to
subparagraph (I) of this paragraph (b) shall:
42-4-1012 Vehicles and Traffic Title 42 - page 410
(A) Authorize the private entity to impose tolls for use of the high occupancy toll lane;
(B) Require that over the term of such contract only toll revenues be applied to payment
of the private entity's capital outlay costs for the project, the costs associated with
operations, toll collection, administration of the high occupancy toll lane, if any, and a
reasonable return on investment to the private entity, as evidenced by and consistent with
the returns on investment to private entities on similar public and private projects;
(C) Require that any excess toll revenue either be applied to any indebtedness incurred
by the private entity with respect to the project or be paid into the state highway fund
created pursuant to section 43-1-219, C.R.S., for exclusive use in the corridor where the
high occupancy toll lane is located including for maintenance and enforcement purposes in
the high occupancy toll lane and for other traffic congestion relieving options including
transit. Such contract shall define or provide a method for calculating excess toll revenues
and shall specify the amount of indebtedness that the private entity may incur and apply
excess toll revenues to before such revenues must be paid into the state highway fund. It is
not the intent of the general assembly that the conversion of a high occupancy vehicle lane
to a high occupancy toll lane shall detract in any way from the possible provision of mass
transit options by the regional transportation district or any other agency in the corridor
where the high occupancy toll lane is located.
(IV) The department shall structure a variable toll or fee to ensure a level of service C
and unrestricted access to the lanes at all times by eligible vehicles, including buses,
carpools, and EPA certified low-emitting vehicles with a gross vehicle weight rating over
ten thousand pounds.
(V) The department shall not enter into a contract for the conversion of a high
occupancy vehicle lane to a high occupancy toll lane if such a conversion will result in the
loss or refund of federal funds payable, available, or paid to the state for construction,
reconstruction, repairs, improvement, planning, supervision, and maintenance of the state
highway system and other public highways.
(VI) The department shall require the private entity entering into a contract pursuant to
this section to provide such performance bond or other surety for the project as the
department may reasonably require.
(c) Whenever practicable, a high occupancy toll lane described in paragraph (b) of this
subsection (1) shall be physically separated from the other lanes of a street or highway so
as to minimize the interference between traffic in the designated lanes and traffic in the other
lanes.
(d) The department shall develop and adopt functional specifications and standards for
an automatic vehicle identification system for use on high occupancy vehicle lanes, high
occupancy toll lanes, any public highway constructed and operated under the provisions of
part 5 of article 4 of title 43, C.R.S., and any other street or highway where tolls or charges
are imposed for the privilege of traveling upon such street or highway. The specifications
and standards shall ensure that:
(1) Automatic vehicle identification systems utilized by the state, municipality, or other
entity having jurisdiction over the street or highway are compatible with one another;
(II) A vehicle owner shall not be required to purchase or install more than one device
to use on all toll facilities;
(HI) Toll facility operators have the ability to select from different manufacturers and
vendors of automatic vehicle identification systems; and
(IV) There is compatibility between any automatic vehicle identification system in
operation on August 4, 1999, and any automatic vehicle identification system designed and
installed on and after said date; except that the operator of an automatic vehicle identifi-
cation system in operation on August 4, 1999, may replace such system with a different
system mat is not compatible with the system in operation on August 4, 1999, subject to the
approval of the department. After the department approves such replacement, the specifi-
cations and standards developed pursuant to this paragraph (d) shall be amended to require
compatibility with the replacement system.
(2) A motorcycle may be operated upon high occupancy vehicle lanes pursuant to
section 163 of Public Law 97-424 or upon high occupancy toll lanes, unless prohibited by
official traffic control devices.
Title 42 - page 41 1 Regulation of Vehicles and Traffic 42-4-1012
(2.5) (a) (I) Except as otherwise provided in paragraph (d) of this subsection (2.5), a
motor vehicle with a gross vehicle weight of twenty-six thousand pounds or less that is
either an inherently low-emission vehicle or a hybrid vehicle may be operated upon high
occupancy vehicle lanes without regard to the number of persons in the vehicle and without
payment of a special toll or fee. The exemption relating to hybrid vehicles shall apply only
if such exemption does not affect the receipt of federal funds and does not violate any
federal laws or regulations.
(II) As used in this subsection (2.5), "inherently low-emission vehicle" or "ILEV"
means:
(A) A light-duty vehicle or light-duty truck, regardless of whether such vehicle or truck
is part of a motor vehicle fleet, that has been certified by the federal environmental
protection agency as conforming to the ILEV guidelines, procedures, and standards as
published in the federal register at 58 FR 11888 (March 1, 1993) and 59 FR 50042
(September 30, 1994), as amended from time to time; and
(B) A heavy-duty vehicle powered by an engine mat has been certified as set forth in
sub-subparagraph (A) of this subparagraph (II).
(HI) As used in this subsection (2.5), "hybrid vehicle*' means a motor vehicle with a
hybrid propulsion system that uses an alternative fuel by operating on both an alternative
fuel, including electricity, and a traditional fuel.
(b) No person shall operate a vehicle upon a high occupancy vehicle lane pursuant to
this subsection (2.5) unless the vehicle:
(I) Meets all applicable federal emission standards set forth in 40 CFR sec. 88.311-93,
as amended from time to time, or, subject to subparagraph (I) of paragraph (a) of this
subsection (2.5), is a hybrid vehicle; and
(II) Is identified by means of a circular sticker or decal at least four inches in diameter,
made of bright orange reflective material, and affixed either to the windshield, to the front
of the side-view mirror on the driver's side, or to the front bumper of the vehicle. Said
sticker or decal shall be approved by the Colorado department of transportation.
(c) The department of transportation and local authorities, with respect to streets and
highways under their respective jurisdictions, shall provide information via official traffic
control devices to indicate that ILEVs and, subject to subparagraph (I) of paragraph (a) of
this subsection (2.5), hybrid vehicles may be operated upon high occupancy vehicle lanes
pursuant to this section. Such information may, but need not, be added to existing printed
signs, but as existing printed signs related to high occupancy vehicle lane use are replaced
or new ones are erected, such information shall be added. In addition, whenever existing
electronic signs are capable of being reprogrammed to carry such information, they shall be
so reprogrammed by September 1, 2003.
(d) (I) In consultation with the regional transportation district, the department of
transportation and local authorities, with respect to streets and highways under their
respective jurisdictions, shall, in connection with their periodic level-of-service evaluation
of high occupancy vehicle lanes, perform a level-of-service evaluation of the use of high
occupancy vehicle lanes by ILEVs and hybrid vehicles. If the use of high occupancy vehicle
lanes by ILEVs or hybrid vehicles is determined to cause a significant decrease in the level
of service for other bona fide users of such lanes, then the department of transportation or
a local authority may restrict or eliminate use of such lanes by ILEVs or hybrid vehicles.
(II) If the United States secretary of transportation makes a formal determination that,
by giving effect to paragraph (a) of this subsection (2.5) on a particular highway or lane, the
state of Colorado would disqualify itself from receiving federal highway funds the state
would otherwise qualify to receive or would be required to refund federal transportation
grant funds it has already received, then said paragraph (a) shall not be effective as to such
highway or lane.
(3) (a) Any person who uses a high occupancy vehicle lane in violation of restrictions
imposed by the department of transportation or local authorities commits a class A traffic
infraction.
(b) Any person convicted of a third or subsequent offense of paragraph (a) of this
subsection (3) committed within a twelve-month period shall be subject to an increased
penalty pursuant to section 42-4-1701 (4) (a) (I) (K).
42-4-1013 Vehicles and Traffic Title 42 - page 412
Source: L. 94: Entire title amended with relocations, p. 2363, § 1, effective January 1,
1995. L. 96: (3) amended, p. 1359, § 7, effective July 1. L. 98: (2.5) added, p. 1205, § 1,
effective August 5. L. 99: (1), (2), (2.5)(a)(II)(A), and (2.5)(b)(I) amended, p. 1319, § 1,
effective August 4. L. 2002: (l)(d)(IV) amended, p. 737, § 7, effective August 7;
(l)(d)(IV) amended, p. 717, § 7, effective August 7. L. 2003: (2.5)(a)(I), (2.5)(b)(I),
(2.5)(c), and (2.5)(d)(I) amended and (2.5)(a)(m) added, p. 1235, § 3, effective September
1. L. 2009: (2.5)(a)(m) amended, (HB 09-1331), ch. 416, p. 2310, § 12, effective June 4.
Cross references: In 2009, subsection (2.5)(a)(m) was amended by the "Motor Vehicle Innovation
Act". For the short title, see section 1 of chapter 416, Session Laws of Colorado 2009.
42-4-1013. Passing lane - definitions - penalty. ( 1 ) A person shall not drive a motor
vehicle in the passing lane of a highway if the speed limit is sixty-five miles per hour or
more unless such person is passing other motor vehicles that are in a nonpassing lane or
turning left, or unless the volume of traffic does not permit the motor vehicle to safely merge
into a nonpassing lane.
(2) For the purposes of this section:
(a) "Nonpassing lane** means any lane that is to the right of the passing lane if there
are two or more adjacent lanes of traffic moving in the same direction in one roadway.
(b) "Passing lane'* means the farthest to the left lane if there are two or more adjacent
lanes of traffic moving in the same direction in one roadway; except that, if such left lane
is restricted to high occupancy vehicle use or is designed for left turns only, the passing lane
shall be the lane immediately to the right of such high occupancy lane or left-turn lane.
(3) A person who violates this section commits a class A traffic infraction.
Source: L. 2004: Entire section added, p. 124, § 1, effective July 1.
PART 11
SPEED REGULATIONS
Cross references: For the penalties for class 2 misdemeanor traffic offenses and class A traffic
infractions, see § 42-4-1701 (3).
42-4-1101. Speed limits. (1) No person shall drive a vehicle on a highway at a speed
greater than is reasonable and prudent under the conditions then existing.
(2) Except when a special hazard exists that requires a lower speed, the following
speeds shall be lawful:
(a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;
(b) Twenty-five miles per hour in any business district, as defined in section 42-1-102
(11);
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102 (80);
(d) Forty miles per hour on open mountain highways;
(e) Forty-five miles per hour for all single rear axle vehicles in the business of
transporting trash that exceed twenty thousand pounds, where higher speeds are posted,
when said vehicle is loaded as an exempted vehicle pursuant to section 42-4-507 (3);
(f) Fifty-five miles per hour on other open highways which are not on the interstate
system, as defined in section 43-2-101 (2), C.R.S., and are not surfaced, four-lane freeways
or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the
interstate system, as defined in section 43-2-101 (2), C.R.S., or are freeways or express-
ways;
(h) Any speed not in excess of a speed limit designated by an official traffic control
device.
(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an
otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with
respect to pedestrians or other traffic or by reason of weather or highway conditions.
Title 42 -page 413 Regulation of Vehicles and Traffic 42-4-1101
(4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any
speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima
facie evidence that such speed was not reasonable or prudent under the conditions then
existing. As used in this subsection (4), "prima facie evidence** means evidence which is
sufficient proof that the speed was not reasonable or prudent under the conditions then
existing, and which will remain sufficient proof of such fact, unless contradicted and
overcome by evidence bearing upon the question of whether or not the speed was
reasonable and prudent under the conditions then existing.
(5) In every charge of violating subsection (1) of this section, the complaint, summons
and complaint, or penalty assessment notice shall specify the speed at which the defendant
is alleged to have driven and also the alleged reasonable and prudent speed applicable at the
specified time and location of the alleged violation.
(6) The provisions of this section shall not be construed to relieve the party alleging
negligence under this section in any civil action for damages from the burden of proving
that such negligence was the proximate cause of an accident
(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any
city or town may by ordinance adopt absolute speed limits as the maximum lawful speed
limits in its jurisdiction, and such speed limits shall not be subject to the provisions of
subsection (4) of this section.
(8) (a) (Deleted by amendment, L. 96, p. 578, § 2, effective May 25, 1996.)
(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle
on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles
per hour.
(c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum
lawful speed limit and is not subject to the provisions of subsection (4) of this section.
(d) State and local authorities within their respective jurisdictions shall not authorize
any speed limit which exceeds seventy-five miles per hour on any highway.
(e) The provisions of this subsection (8) are declared to be matters of both local and
statewide concern requiring uniform compliance throughout the state.
(f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint,
summons and complaint, or penalty assessment notice shall specify the speed at which the
defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five
miles per hour.
(g) Notwithstanding any other provision of this section, no person shall drive a
low-power scooter on a roadway at a speed in excess of forty miles per hour. State and local
authorities shall not authorize low-power scooters to exceed forty miles per hour on a
roadway.
(9) The conduct of a driver of a vehicle which would otherwise constitute a violation
of mis section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or private
injury which is about to occur by reason of a situation occasioned or developed through no
conduct of said driver and which is of sufficient gravity that, according to ordinary
standards of intelligence and morality, the desirability and urgency of avoiding the injury
clearly outweigh the desirability of avoiding the consequences sought to be prevented by
this section; or
(b) With respect to authorized emergency vehicles, the applicable conditions for
exemption, as set forth in section 42-4-108, exist.
(10) The minimum requirement for commission of a traffic infraction or misdemeanor
traffic offense under this section is the performance by a driver of prohibited conduct, which
includes a voluntary act or the omission to perform an act which said driver is physically
capable of performing.
(11) It shall not be a defense to prosecution for a violation of this section that:
(a) The defendant's conduct was not performed intentionally, knowingly, recklessly, or
with criminal negligence; or
(b) The defendants conduct was performed under a mistaken belief of fact, including,
but not limited to, a mistaken belief of the defendant regarding the speed of the defendant's
vehicle; or
42-4-1101
Vehicles and Traffic
Title 42 -page 414
(c) The defendant's vehicle has a greater operating or fuel-conserving efficiency at
speeds greater than the reasonable and prudent speed under the conditions then existing or
at speeds greater than the maximum lawful speed limit.
(12) (a) A violation of driving one to twenty-four miles per hour in excess of the
reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-
five miles per hour is a class A traffic infraction.
(b) A violation of driving twenty-five or more miles per hour in excess of the
reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-
five miles per hour is a class 2 misdemeanor traffic offense; except that such violation within
a maintenance, repair, or construction zone, designated pursuant to section 42-4-614, is a
class 1 misdemeanor traffic offense.
(c) A violation under subsection (3) of this section is a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2363, § 1, effective January 1,
1995. L. 96: (2)(f), (2)(g), (8)(a), (8)(b), (8)(c), (8)(d), (8)(f), and (12) amended, p. 578,
§ 2, effective May 25. L. 2003: (2)(e) amended, p. 717, § 1, effective August 6. L. 2008:
(12) amended, p. 2082, § 7, effective June 3. L. 2009: (8)(g) added, (HB 09-1026), ch.
281, p. 1277, § 54, effective October 1.
Editor's note: This section is similar to former § 42-4-1001 as it existed prior to 1994, and the
former § 42-4-1101 was relocated to § 42-4-1201.
Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act
amending subsection (12) shall be known and may be cited as the "Charles Mather Highway Safety
Act".
ANNOTATION
Annotator's note. Since § 42-4-1 101 is sim-
ilar to § 42-4-1001 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Speeding classifications constitutional. De-
cision to treat higher rates of speeding as more
serious making them criminal acts is within
legislature's discretion and does not create a
suspect class or infringe on a fundamental right.
Drawing a distinction based on speed is ration-
ally related to legislative purpose of safety and
fuel conservation. People v. Lewis, 745 P.2d 668
(Colo. 1987).
It was the legislative intent of the general
assembly in enacting the provisions of this
section effective January 24, 1974, to fix a
speed limit of 55 miles per hour for the period
during which federal restrictions, as originated
in the emergency highway energy conservation
act, continued under the federal aid highway
amendments of 1974, until such time as the
general assembly took further action. People v.
Driver, 189 Colo. 276, 539 P.2d 1248 (1975).
The general assembly clearly intended to en-
act an enforceable 55 mile-per-hour maximum
speed limit, because maintenance of federal
highway funding was contingent upon enact-
ment of such a statute. Olinyk v. People, 642
P.2d 490 (Colo. 1982).
The policy considerations behind the en-
actment of this section prohibiting the driving
of a vehicle in excess of the maximum speed of
55 miles per hour is that a driver must be
charged as a matter of public policy, with the
responsibility of ensuring that his vehicle is
safe, so as to minimize the risk inherent in travel
on our public highways. People v. Caddy, 189
Colo. 353, 540 P.2d 1089 (1975).
Intent to enact enforceable speed limit It
was obviously the intention of the general as-
sembly to enact a maximum speed limit enforce-
able through penal sanctions. Olinyk v. People,
642 P.2d 490 (Colo. 1982).
Speed limit is enforceable. Since the penalty
applicable to violation of the 55 mile-per-hour
speed limit charged by complaint and summons
is ascertainable, the speed limit is enforceable.
Olinyk v. People, 642 P.2d 490 (Colo. 1982).
Speed should be no greater than is reason-
able and prudent The driver of a motor vehicle
must at all times so operate it as to maintain
reasonable control over it, at a speed no greater
than is reasonable and prudent under the condi-
tions then existing. Bennett v. Hall, 132 Colo.
419, 290 P.2d 241 (1955); Union P. R. R. v.
Snyder, 220 F.2d 388 (10th Cir. 1955); Eagan v.
Maiselson, 142 Colo. 233, 350 P.2d 567 (1960);
Mayer v. Sampson, 157 Colo. 278, 402 P2d 185
(1965).
The appropriate signs erected pursuant to
subsection (2) of this section indicate the
speed limit starts at the physical location of
the sign and continues to be in effect until the
next different speed limit sign pursuant to the
Title 42 - page 415
Regulation of Vehicles and Traffic
42-4-1102
manual adopted by the department of transpor-
tation pursuant to § 42-4-104. Shafron v.
Cooke, 190 P.3d 812 (Colo. App. 2008).
Crime irrespective of intent or scienter.
Although the absence of a specified "culpable
mental state" in this section is not conclusive on
the issue, it is well settled that the general
assembly may make a prohibited act a crime,
irrespective of the elements of intent or scienter,
when public policy so requires. People v. Caddy,
189 Colo. 353, 540 P.2d 1089 (1975).
Offense of strict liability. In the absence of a
specified element of "criminal intent**, and be-
cause of the strong public policy considerations,
speeding is an offense of strict liability. People
v. Caddy, 189 Colo. 353, 540 R2d 1089 (1975).
Lack of culpable mental state no defense.
Even though defendant presented evidence at
trial that his speedometer reflected a speed 10
miles per hour below the true speed of his
vehicle, and that he had no knowledge that the
speedometer reading was in error, or that he
should have known of the defective speedome-
ter, his lack of a culpable mental state was not a
defense to the charge of speeding. People v.
Caddy, 189 Colo. 353, 540 P.2d 1089 (1975).
There is no element of mental culpability
required in the speeding statute. People v.
Caddy, 189 Colo. 353, 540 P.2d 1089 (1975).
Lack of criminal intent is not a defense to a
charge of speeding. People v. Caddy, 189 Colo.
353, 540 P.2d 1089 (1975).
Justification is recognized as an affirmative
defense to the charge of speeding, but the
defendant must present credible evidence as to
the specific threat of injury and the lack of a
reasonable alternative other than commission of
the offense. People v. Dover, 790 P.2d 834
(Colo. 1990).
A county court has jurisdiction over the
subject matter of offenses alleged to have
been committed under this section. People v.
Griffith, 130 Colo. 475, 276 P.2d 559 (1954).
Violation is question for jury. In an action
for damages resulting from an automobile acci-
dent, the question whether defendant was driv-
ing in excess of the statutory speed limit, and if
not, whether he was driving at such a rate of
speed, as would, under the circumstances con-
stitute negligence, is for the determination of the
jury. Carlson v. Millisack, 82 Colo. 491, 261
P.657 (1927); Amos v. Remington Arms Co.,
117 Colo. 399, 188 P.2d 896 (1948); Eagan v.
Maiselson, 142 Colo. 233, 350 P.2d 567 (1960);
Western Distrib. Co. v. United States, 318 F.2d
353 (10th Cir. 1963).
Sufficiency of evidence to show violation of
this section. Lorenzini v. Rucker, 95 Colo. 246,
35 P.2d 865 (1934); Alden v. Watson, 106 Colo.
103, 102 P.2d 479 (1940).
A person of reasonable intelligence may
express an opinion of the speed of an auto-
mobile or other moving object coming under his
observation without proof of further qualifica-
tions. Eagan v. Maiselson, 142 Colo. 233, 350
P.2d 567 (1960).
Administrator of general services adminis-
tration properly delegated to the secretary of
defense the authority to promulgate traffic
and pedestrian regulations for military instal-
lations within the United States. Therefore
secretary properly promulgated regulations
adopting all traffic rules of state in which instal-
lation located and defendant could be charged
with speeding in violation of this section, al-
though charge was dismissed on other grounds.
U.S. v. Boyer, 935 F. Supp. 1138 (D. Colo.
1996).
Applied in City of Greenwood Vill. v. Flem-
ing, 643 P.2d 511 (Colo. 1982); Smith v.
Charnes, 649 P.2d 1089 (Colo. 1982); Corr v.
District Court, 661 P.2d 668 (Colo. 1983).
42-4*1102. Altering of speed limits. (1) (a) Whenever the department of transpor-
tation determines upon the basis of a traffic investigation or survey or upon the basis of
appropriate design standards and projected traffic volumes in the case of newly constructed
highways or segments thereof that any speed specified or established as authorized under
sections 42-4-1 101 to 42-4-1104 is greater or less than is reasonable or safe under the road
and traffic conditions at any intersection or other place or upon any part of a state highway
under its jurisdiction, said department shall determine and declare a reasonable and safe
speed limit thereat which shall be effective when appropriate signs giving notice thereof are
erected at such intersection or other place or upon the approaches thereto; except that no
speed limit in excess of seventy-five miles per hour shall be authorized by said department.
(b) Repealed.
(2) Whenever county or municipal authorities within their respective jurisdictions
determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate
design standards and projected traffic volumes in the case of newly constructed highways
or segments thereof, that any speed specified or established as authorized under sections
42-4-1 101 to 42-4-1 104 is greater or less than is reasonable or safe under the road and traffic
conditions at any intersection or other place or upon any part of a street or highway in its
jurisdiction, said local authority shall determine and declare a reasonable and safe speed
limit thereat which shall be effective when appropriate signs giving notice thereof are
42-4-1102 Vehicles and Traffic Title 42 - page 416
erected at such intersection or other place or upon the approaches thereto. No such local
authority shall have the power to alter the basic rules set forth in section 42-4-1101 (1) or
in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles
per hour.
(3) Local municipal authorities within their respective jurisdictions shall determine
upon the basis of a traffic investigation or survey the proper speed for all arterial streets and
shall declare a reasonable and safe speed limit thereon which may be greater or less than
the speed specified under section 42-4-1101 (2) (b) or (2) (c). Such speed limit shall not
exceed seventy-five miles per hour and shall become effective when appropriate signs are
erected giving notice thereof. For purposes of this subsection (3), an "arterial street" means
any United States or state-numbered route, controlled-access highway, or other major radial
or circumferential street or highway designated by local authorities within their respective
jurisdictions as part of a major arterial system of streets or highways.
(4) No alteration of speed limits on state highways within cities, cities and counties, and
incorporated towns shall be effective until such alteration has been approved in writing by
the department of transportation. Upon the request of any incorporated city or town having
a population of five thousand or less, the department of transportation shall conduct any
traffic investigation or survey that is deemed to be warranted for determination of a safe and
reasonable speed limit on any street or portion thereof that is a state highway. Any speed
limit so determined by said department shall then become effective when declared by the
local authority and made known by official signs conforming to the state traffic control
manual.
(5) Whenever the department of transportation or local authorities, within their respec-
tive jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced
speed limit is warranted in a school or construction area or other place during certain hours
or periods of the day when special or temporary hazards exist, the department or the
concerned local authority may erect or display official signs of a type prescribed in the state
traffic control manual giving notice of the appropriate speed limit for such conditions and
stating the time or period the regulation is effective. When such signs are erected or
displayed, the lawful speed limit at the particular time and place shall be that which is then
indicated upon such signs; except that no such speed limit shall be less than twenty miles
per hour on a state highway or other arterial street as defined in subsection (3) of this section
nor less than fifteen miles per hour on any other road or street, nor shall any such reduced
speed limit be made applicable at times when the special conditions for which it is imposed
cease to exist. Such reduced speed limits on streets which are state highways shall be
subject to the written approval of the department of transportation before becoming
effective.
(6) In its discretion, a municipality, by ordinance, or a county, by resolution of the
board of county commissioners, may impose and enforce stop sign regulations and speed
limits, not inconsistent with the provisions of sections 42-4-1101 to 42-4-1104, upon any
way which is open to travel by motor vehicles and which is privately maintained in mobile
home parks, when appropriate signs giving notice of such enforcement are erected at the
entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction
ordering the regulations shall be responsible for the erection and maintenance of the signs.
(7) Any powers granted in this section to county or municipal authorities may be
exercised by such authorities or by any municipal officer or employee who is designated by
ordinance to exercise such powers.
(8) The department of transportation shall not set a speed limit on interstate 70 for
commercial vehicles or any other motor vehicle that differs from the highest authorized
speed for any other type of motor vehicle on the same portion of a highway by more than
twenty-five miles per hour.
«
Source: L. 94: Entire title amended with relocations, p. 2366, § 1, effective January 1,
1995. L. 95: (3) amended, p. 956, § 16, effective May 25. L. 96: (1), (2), and (3)
amended, p. 579, § 3, effective May 25. L. 2010: (8) added, (SB 10-196), ch. 333, p. 1534,
§ 1, effective July 1.
Title 42 - page 417
Regulation of Vehicles and Traffic
42-4-1104
Editor's note: (1) This section is similar to former § 42-4-1002 as it existed prior to 1994, and
the former § 42-4-1102 was relocated to § 42-4-1202.
(2) Subsection ( 1 )(b)(Il) provided for the repeal of subsection (l)(b), effective July 1, 1998. (See
L. 96, p. 579.)
ANNOTATION
Annotator's note. Since § 42-4-1102 is sim-
ilar to § 42-4-1002 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
The statute is a proper delegation of legis-
lative authority to department of highways
with adequate safeguards to protect against an
uncontrolled exercise of discretionary power. It
allows for imposition of more than one speed
limit for different vehicle types on a state high-
way or segment thereof, if mis is necessary for
public safety. People v. Peterson, 734 P.2d 118
(Colo. 1987).
The regulation of speed is not solely a mat-
ter of statewide concern. Wiggins v.
McAuliffe, 144 Colo. 363, 356 P.2d 487 (1960).
The state has not so preempted the field by
statute as to exclude a city from enacting
valid ordinances on the regulation of speed.
Wiggins v. McAuliffe, 144 Colo. 363, 356 P.2d
487 (1960).
Applied in Waltemeyer v. People ex rel. City
of Arvada, 658 P.2d 264 (Colo. 1983).
42-4-1103. Minimum speed regulation. ( 1 ) No person shall drive a motor vehicle on
any highway at such a slow speed as to impede or block the normal and reasonable forward
movement of traffic, except when a reduced speed is necessary for safe operation of such
vehicle or in compliance with law.
(2) Whenever the department of transportation or local authorities within their respec-
tive jurisdictions determine, on the basis of an engineering and traffic investigation as
described in the state traffic control manual, that slow speeds on any part of a highway
consistently impede the normal and reasonable movement of traffic, said department or such
local authority may determine and declare a minimum speed limit below which no person
shall drive a vehicle, except when necessary for safe operation or in compliance with law.
(3) Notwithstanding any minimum speed that may be authorized and posted pursuant
to this section, if any person drives a motor vehicle on a highway outside an incorporated
area or on any controlled-access highway at a speed less than the normal and reasonable
speed of traffic under the conditions then and there existing and by so driving at such slower
speed impedes or retards the normal and reasonable movement of vehicular traffic following
immediately behind, then such driver shall:
(a) Where the width of the traveled way permits, drive in the right-hand lane available
to traffic or on the extreme right side of the roadway consistent with the provisions of
section 42-4-1001 (2) until such impeded traffic has passed by; or
(b) Pull off the roadway at the first available place where such movement can safely and
lawfully be made until such impeded traffic has passed by.
(4) Wherever special uphill traffic lanes or roadside turnouts are provided and posted,
drivers of all vehicles proceeding at less than the normal and reasonable speed of traffic
shall use such lanes or turnouts to allow other vehicles to pass or maintain normal traffic
flow.
(5) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2368, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1003 as it existed prior to 1994.
42-4-1104. Speed limits on elevated structures. (1) No person shall drive a vehicle
over any bridge or other elevated structure constituting a part of a highway at a speed which
is greater than the maximum speed which can be maintained with safety to such bridge or
structure, when such structure is signposted as provided in this section.
42-4-1105 Vehicles and Traffic Title 42 - page 418
(2) The department of transportation upon request from any local authority shall, or
upon its own initiative may, conduct an investigation of any bridge or other elevated
structure constituting a part of a highway, and, if it finds that such structure cannot with
safety to itself withstand vehicles traveling at the speed otherwise permissible under
sections 42-4-1101 to 42-4-1 104, said department shall determine and declare the maximum
speed of vehicles which such structure can withstand and shall cause or permit suitable
standard signs stating such maximum speed to be erected and maintained before each end
of such structure in conformity with the state traffic control manual.
(3) Upon the trial of any person charged with a violation of this section, proof of said
determination of the maximum speed by said department and the existence of said signs
shall constitute conclusive evidence of the maximum speed which can be maintained with
safety to such bridge or structure.
(4) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2368, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1004 as it existed prior to 1994, and the
former § 42-4-1104 was relocated to § 42-4-1204.
42-4-1105. Speed contests - speed exhibitions - aiding and facilitating - immobili-
zation of motor vehicle - definitions. (1) (a) Except as otherwise provided in subsection
(4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a
highway.
(b) For purposes of this section, "speed contest** means the operation of one or more
motor vehicles to conduct a race or a time trial, including but not limited to rapid
acceleration, exceeding reasonable and prudent speeds for highways and existing traffic
conditions, vying for position, or performing one or more lane changes in an attempt to gain
advantage over one or more of the other race participants.
(c) A person who violates any provision of this subsection (1) commits a class 1
misdemeanor traffic offense.
(2) (a) Except as otherwise provided in subsection (4) of this section, it is unlawful for
a person to knowingly engage in a speed exhibition on a highway.
(b) For purposes of this section, "speed exhibition" means the operation of a motor
vehicle to present a display of speed or power. "Speed exhibition" includes, but is not
limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid
acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire
slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.
(c) A person who violates any provision of this subsection (2) commits a class 2
misdemeanor traffic offense.
(3) (a) Except as otherwise provided in subsection (4) of this section, a person shall
not, for the purpose of facilitating or aiding or as an incident to any speed contest or speed
exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or
assist or participate in placing any such barricade or obstruction, upon a highway.
(b) A person who violates any provision of this subsection (3) commits, pursuant to
section 42-4-1703, the offense that the person aided in or facilitated the commission of.
Nothing in this subsection (3) shall be construed to preclude charging a person under
section 42-4-1703 for otherwise being a party to the crime of engaging in a speed contest
or engaging in a speed exhibition.
(4) The provisions of this section shall not apply to the operation of a motor vehicle in
an organized competition according to accepted rules on a designated and duly authorized
race track, race course, or drag strip.
(5) (a) In addition to a sentence imposed pursuant to this section or pursuant to any
other provision of law:
(1) Upon the second conviction for an offense specified in subsection (1) or (2) of this
section, or any other crime, the underlying factual basis of which has been found by the
Title 42 - page 419 Regulation of Vehicles and Traffic 42-4-1 105
court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of
this section, the court may, in its discretion, order the primary law enforcement agency
involved with the case to place an immobilization device on the motor vehicle or motor
vehicles so operated for a period of up to fourteen days.
(II) Upon the third or subsequent conviction for an offense specified in subsection (1)
or (2) of mis section, or any other crime, the underlying factual basis of which has been
found by the court to include an act of operating a motor vehicle in violation of subsection
(1) or (2) of this section, the court may, in its discretion, order the primary law enforcement
agency involved with the case to place an immobilization device on the motor vehicle or
motor vehicles so operated for a period of up to thirty days but more than fourteen days.
(b) The period during which a motor vehicle may be fitted with an immobilization
device pursuant to paragraph (a) of this subsection (5) shall be in addition to any period
during which the motor vehicle was impounded prior to sentencing.
(c) An order issued under this subsection (5) shall state the requirements included in
subsections (7) and (8) of this section.
(d) For purposes of this section, "immobilization device" means a device locked into
place over a wheel of a motor vehicle that prevents the motor vehicle from being moved.
"Immobilization device" includes but is not limited to a device commonly referred to as a
"traffic boot" or "boot".
(6) (a) Except as otherwise provided in subsection (9) of this section, a law enforce-
ment agency that is ordered to place an immobilization device on a motor vehicle pursuant
to subsection (5) of this section shall attempt to locate the motor vehicle within its
jurisdiction. The law enforcement agency may, in its discretion, attempt to locate the motor
vehicle outside of its jurisdiction.
(b) Nothing in this subsection (6) shall be construed to:
(I) Prohibit a law enforcement agency from seeking the assistance of another law
enforcement agency for the purpose of placing an immobilization device on a motor vehicle
or removing the device in accordance with mis section; or
(II) Require a law enforcement agency to expend excessive time or commit excessive
staff to the task of locating a motor vehicle subject to immobilization under this section.
(c) The time spent by a law enforcement agency in locating a motor vehicle in
accordance with this subsection (6) shall not alter the immobilization period ordered by the
court under subsection (5) of this section.
(d) A law enforcement agency that places an immobilization device on a motor vehicle
pursuant to this section shall affix a notice to the immobilized motor vehicle stating the
information described in subsections (7) and (8) of this section.
(e) A peace officer who locates or attempts to locate a motor vehicle, or who places or
removes, or assists with the placement or removal of, an immobilization device in
accordance with the provisions of this section shall be immune from civil liability for
damages, except for damages arising from willful and wanton conduct.
(7) (a) The owner of a motor vehicle immobilized under this section shall be assessed
a fee of thirty-five dollars for each day the motor vehicle is ordered immobilized and, except
as otherwise provided in paragraph (d) of this subsection (7), thirty-five dollars for each day
up to fourteen days after the immobilization period that the fee for the immobilization
period is not paid. The owner shall pay the fee to the law enforcement agency that places
the immobilization device on the motor vehicle.
(b) The owner, within fourteen days after the end of the immobilization period ordered
by the court, may obtain removal of the immobilization device by the law enforcement
agency that placed it by requesting the removal and paying the fee required under paragraph
(a) of this subsection (7).
(c) The failure of the owner of the immobilized motor vehicle to request removal of the
immobilization device and pay the fee within fourteen days after the end of the immobi-
lization period ordered by the court or within the additional time granted by the court
pursuant to paragraph (d) of this subsection (7), whichever is applicable, shall result in the
motor vehicle being deemed an "abandoned motor vehicle", as defined in sections
42-4-1802 (1) (d) and 42-4-2102 (1) (d), and subject to the provisions of part 18 or 21 of
this article, whichever is applicable. The law enforcement agency entitled to payment of the
42-4-1105
Vehicles and Traffic
Title 42 -page 420
fee under this subsection (7) shall be eligible to recover the fee if the abandoned motor
vehicle is sold, pursuant to section 42-4-1809 (2) (b.5) or 42-4-2108 (2) (a.5).
(d) Upon application of the owner of an immobilized motor vehicle, the court that
ordered the immobilization may, in its discretion, grant additional time to pay the immo-
bilization fee required under paragraph (a) of this subsection (7). If additional time is
granted, the court shall notify the law enforcement agency that placed the immobilization
device.
(8) (a) A person may not remove an immobilization device that is placed on a motor
vehicle pursuant to this section during the immobilization period ordered by the court.
(b) No person may remove the immobilization device after the end of the immobili-
zation period except the law enforcement agency that placed the immobilization device and
that has been requested by the owner to remove the device and to which the owner has
properly paid the fee required by subsection (7) of this section. Nothing in this subsection
(8) shall be construed to prevent the removal of an immobilization device in order to
comply with the provisions of part 18 or 21 of this article.
(c) A person who violates any provision of this subsection (8) commits a class 2
misdemeanor traffic offense.
(9) (a) A law enforcement agency that is ordered to place an immobilization device on
a motor vehicle pursuant to subsection (5) of this section shall inform the court at
sentencing if it is unable to comply with the court's order either because the law
enforcement agency is not yet equipped with an immobilization device or because it does
not have a sufficient number of immobilization devices. The court, upon being so informed,
shall, in lieu of ordering immobilization, order the law enforcement agency to impound the
motor vehicle for the same time period that the court initially ordered the motor vehicle to
be immobilized.
(b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of this
subsection (9), the provisions of subsections (6) to (8) of this section shall not apply.
Source: L. 94: Entire title amended with relocations, p. 2369, § 1, effective January 1,
1995. L. 2006: Entire section R&RE, p. 168, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1005 as it existed prior to 1994, and the
former § 42-4-1105 was relocated to § 42-4-1205.
Cross references: For obstructing a highway, see § 18-9-107.
ANNOTATION
Annotator's note. Since § 42-4-1105 is sim-
ilar to § 42-4-1005 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, a relevant case construing that provision
has been included with the annotations to this
section.
This section is sufficiently definite to meet
the constitutional requirements of due pro-
cess of law. People v. Heckard, 164 Colo. 19,
431 P.2d 1014 (1967).
Subsection (1) forbids intentional participa-
tion in operating motor vehicles competitively
to test the swiftness of the vehicles involved. It
further prohibits an individual's deliberate
drawing of public attention to the vehicle's qual-
ity for swiftness. People v. Heckard, 164 Colo.
19, 431 P.2d 1014 (1967).
"Speed" and "acceleration" are related
terms. The former refers to the act or state of
moving swiftly, while "acceleration" means the
act of increasing the speed. People v. Heckard,
164 Colo. 19, 431 P.2d 1014 (1967).
The speed or acceleration must occur un-
der circumstances of a "contest" or "exhibi-
tion" on a highway. The terms employed in the
instant statute give a clear and meaningful def-
inition by virtue of their relation to each other.
People v. Heckard, 164 Colo. 19, 431 P.2d 1014
(1967).
"Contest" and "exhibition" imply. A "con-
test" ordinarily implies a plurality of partici-
pants in a deliberate, competitive act (here of
speed or acceleration), while an "exhibition"
implies a person's display, for the purpose of
attracting public attention, of the same acts.
People v. Heckard, 164 Colo. 19, 431 P.2d 1014
(1967).
This section is prohibition of aiding or
abetting the primary offense and imposes the
ordinary common-law accessorial liability.
People v. Heckard, 164 Colo. 19, 431 P.2d 1014
(1967).
The language of subsection (2) provides
definite warning when that language is mea-
Title 42 - page 421 Regulation of Vehicles and Traffic 42-4-1202
sured by common understanding and practice.
People v. Heckard, 164 Colo. 19, 431 P.2d 1014
(1967).
42-4-1106. Minimum speed in left lane - interstate 70. ( 1 ) Where the average grade
is six percent or more uphill for at least one mile, no person shall operate a motor vehicle
in the far left lane of traffic of interstate 70 at a speed of less than the lower of ten miles
per hour below the speed limit or the minimum speed set by the department of transpor-
tation, except if:
(a) Necessary to obey traffic control devices;
(b) Necessary to exit or enter interstate 70;
(c) Weather or traffic conditions require speeds slower than the speed limit necessary
under section 42-4-1101; or
(d) Necessary because of a lane closure or blockage.
(2) The department of transportation shall post signs giving the public notice of this
section.
Source: L. 2010: Entire section added, (SB 10-196), ch. 333, p. 1534, § 2, effective July
1.
PART 12
PARKING
Cross references: For penalties for class A and class B traffic infractions, see § 42-4-1701
(3)(a)(I).
42-4-1201. Starting parked vehicle. No person shall start a vehicle which is stopped,
standing, or parked unless and until such movement can be made with reasonable safety.
Any person who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire tide amended with relocations, p. 2369, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1101 as it existed prior to 1994, and the
former § 42-4-1201 was relocated to § 42-2-128.
42-4-1202. Parking or abandonment of vehicles. (1) No person shall stop, park, or
leave standing any vehicle, either attended or unattended, outside of a business or a
residential district, upon the paved or improved and main-traveled part of the highway.
Nothing contained in this section shall apply to the driver of any vehicle which is disabled
while on the paved or improved and main-traveled portion of a highway in such manner and
to such extent that it is impossible to avoid stopping and temporarily leaving such disabled
vehicle in such position, subject, when applicable, to the emergency lighting requirements
set forth in section 42-4-230.
(2) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2369, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1102 as it existed prior to 1994, and the
former § 42-4-1202 was relocated to § 42-4-1301.
Cross references: For transfer and purge of titles of abandoned vehicles, see § 42-4-1810; for
criminal penalty for abandonment of a motor vehicle, see § 18-4-512.
42-4-1203 Vehicles and Traffic Title 42 - page 422
42-4-1203. Ski areas to install signs. (1) Colorado ski areas shall install traffic
control signs as provided in this section on both sides of that segment of every highway
which is within one mile of and which leads to the recognized entrances to the ski area
parking lots if it is found that:
(a) The ski area has insufficient parking capacity as evidenced by the practice of
parking by motor vehicles on such highways; and
(b) Such parking constitutes a hazard to traffic or an obstacle to snow removal or the
movement or passage of emergency equipment.
(2) The findings required by subsection (1) of this section shall be made by the
department of transportation for the state highway system, by the chairman of the board of
county commissioners for county roads, and by the chief executive officer of a municipality
for a municipal street system. Such findings shall be based upon a traffic investigation.
(3) Such signs shall conform to any and all specifications of the department of
transportation adopted pursuant to section 42-4-601. All such signs shall contain a statement
that there is no parking allowed on a highway right-of-way so as to obstruct traffic or
highway maintenance and that offending vehicles will be towed away.
Source: L. 94: Entire title amended with relocations, p. 2370, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1103.1 as it existed prior to 1994, and the
former § 42-4-1203 was relocated to § 42-4-1401.
42-4-1204. Stopping, standing, or parking prohibited in specified places. (1) Ex-
cept as otherwise provided in subsection (4) of this section, no person shall stop, stand, or
park a vehicle, except when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or an official traffic control device, in any of the
following places:
(a) On a sidewalk;
(b) Within an intersection;
(c) On a crosswalk;
(d) Between a safety zone and the adjacent curb or within thirty feet of points on the
curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a
different length by signs or markings;
(e) Alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic;
(f) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(g) Upon any bridge or other elevated structure upon a highway or within a highway
tunnel;
(h) On any railroad tracks;
(i) On any controlled-access highway;
(j) In the area between roadways of a divided highway, including crossovers;
(k) At any other place where official signs prohibit stopping.
(2) Except as otherwise provided in subsection (4) of this section, in addition to the
restrictions specified in subsection (1) of this section, no person shall stand or park a
vehicle, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or an official traffic control device, in any of the following
places:
(a) Within five feet of a public or private driveway;
(b) Within fifteen feet of a fire hydrant;
(c) Within twenty feet of a crosswalk at an intersection;
(d) Within thirty feet upon the approach to any flashing beacon or signal, stop sign,
yield sign, or traffic control signal located at the side of a roadway;
(e) Within twenty feet of the driveway entrance to any fire station or, on the side of a
street opposite the entrance to any fire station, within seventy-five feet of said entrance
when properly signposted;
(f) At any other place where official signs prohibit standing.
Title 42 - page 423 Regulation of Vehicles and Traffic 42-4-1205
(3) In addition to the restrictions specified in subsections (1) and (2) of this section, no
person shall park a vehicle, except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or official traffic control device, in any of
the following «places:
(a) Within fifty feet of the nearest rail of a railroad crossing;
(b) At any other place where official signs prohibit parking.
(4) (a) Paragraph (a) of subsection (1) of this section shall not prohibit persons from
parking bicycles or electrical assisted bicycles on sidewalks in accordance with the
provisions of section 42-4-1412 (11) (a) and (11) (b).
(b) Paragraph (f) of subsection (1) of this section shall not prohibit persons from
parking two or more bicycles or electrical assisted bicycles abreast in accordance with the
provisions of section 42-4-1412 (11) (d).
(c) Paragraphs (a), (c), and (d) of subsection (2) of this section shall not apply to
bicycles or electrical assisted bicycles parked on sidewalks in accordance with section
42-4-1412 (11) (a) and (11) (b).
(5) No person shall move a vehicle not lawfully under such person* s control into any
such prohibited area or away from a curb such distance as is unlawful.
(6) The department of transportation, with respect to highways under its jurisdiction,
may place official traffic control devices prohibiting, limiting, or restricting the stopping,
standing, or parking of vehicles on any highway where it is determined, upon the basis of
a traffic investigation or study, that such stopping, standing, or parking is dangerous to those
using the highway or where the stopping, standing, or parking of vehicles would unduly
interfere with the free movement of traffic thereon. No person shall stop, stand, or park any
vehicle in violation of the restrictions indicated by such devices.
(7) Any person who violates any provision of this section commits a class B traffic
infraction; except that, if a person violates paragraph (b) of subsection (2) of this section and
the violation occurs in an unincorporated area of a county, the penalty is fifty dollars.
(8) A political subdivision may not adopt or enforce an ordinance or regulation that
prohibits the parking of more than one motorcycle within a space served by a single parking
meter.
Source: L. 94: Entire title amended with relocations, p. 2370, § 1, effective January 1,
1995. L. 98: (8) added, p. 1102, § 24, effective June 1. L. 2009: (4) amended, (HB
09-1026), ch. 281, p. 1277, § 55, effective October 1. L. 2012: (7) amended, (HB
12-1094), ch. 77, p. 258, § 1, effective April 6.
Editor's note: This section is similar to former § 42-4-1104 as it existed prior to 1994, and the
former § 42-4-1204 was relocated to § 42-4-1402.
42-4-1205. Parking at curb or edge of roadway. (1) Except as otherwise provided
in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped
or parked with the right-hand wheels parallel to and within twelve inches of the right-hand
curb or as close as practicable to the right edge of the right-hand shoulder.
(2) Except as otherwise provided by local ordinance, every vehicle stopped or parked
upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the
roadway in the direction of authorized traffic movement, with its right-hand wheels within
twelve inches of the right-hand curb or as close as practicable to the right edge of the
right-hand shoulder or with its left-hand wheels within twelve inches of the left-hand curb
or as close as practicable to the left edge of the left-hand shoulder.
(3) Local authorities may by ordinance permit angle parking on any roadway; except
that angle parking shall not be permitted on any state highway unless the department of
transportation has determined by resolution or order entered in its minutes that the roadway
is of sufficient width to permit angle parking without interfering with the free movement of
traffic.
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
42-4-1206 Vehicles and Traffic Title 42 - page 424
Source: L. 94: Entire title amended with relocations, p. 2372, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1105 as it existed prior to 1994, and the
former § 42-4-1205 was relocated to § 42-4-1403.
42-4-1206. Unattended motor vehicle. No person driving or in charge of a motor
vehicle shall permit it to stand unattended without first stopping the engine, locking the
ignition, removing the key from the ignition, and effectively setting the brake thereon, and,
when standing upon any grade, said person shall turn the front wheels to the curb or side
of the highway in such a manner as to prevent the vehicle from rolling onto the traveled
way. Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2372, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1106 as it existed prior to 1994, and the
former § 42-4-1206 was relocated to § 42-4-1404.
42-4-1207. Opening and closing vehicle doors. No person shall open the door of a
motor vehicle on the side available to moving traffic unless and until it is reasonably safe
to do so and can be done without interfering with the movement of other traffic; nor shall
any person leave a door open on the side of a vehicle available to moving traffic for a period
of time longer than necessary to load or unload passengers. Any person who violates any
provision of this section commits a class B traffic infraction.
Source: L. 94: Entire tide amended with relocations, p. 2372, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1107 as it existed prior to 1994, and the
former § 42-4-1207 was relocated to § 42-4-1406.
42-4-1208. Parking privileges for persons with disabilities - applicability - rules.
(1) As used in this section:
(a) "Disability" or "disabled" means a physical impairment that meets the standards of
23 CFR 1235, which impairment is verified, in writing, by a professional. To be valid, the
verifying professional shall certify to the department that the person meets the standards
established by the executive director of the department.
(b) "Identifying figure" means a figure that provides notice that a person is authorized
to use a reserved parking space.
(c) "Identifying license plate" means a license plate bearing an identifying figure.
(d) "Identifying placard" means a placard bearing an identifying figure.
(e) "Professional" means a physician licensed to practice medicine or practicing
medicine pursuant to section 12-36-106 (3) (i), C.R.S., a podiatrist licensed under article 32
of title 12, C.R.S., or an advanced practice nurse registered pursuant to section 12-38-111.5,
C.R.S.
(f) "Reserved parking space" means a parking space reserved for a person with a
disability.
(2) In a jurisdiction recognizing the privilege defined by this subsection (2), a vehicle
with an identifying license plate or a placard obtained pursuant to section 42-3-204 or as
otherwise authorized by subsection (4) of this section may be parked in public parking areas
along public streets regardless of any time limitation imposed upon parking in such area;
except that a jurisdiction shall not limit such a privilege to park on any public street to less
than four hours. The respective jurisdiction shall clearly post the appropriate time limits in
such area. Such privilege need not apply to zones in which:
Title 42 - page 425 Regulation of Vehicles and Traffic 42-4-1208
(a) Stopping, standing, or parking of all vehicles is prohibited;
(b) Only special vehicles may be parked;
(c) Parking is not allowed during specific periods of the day in order to accommodate
heavy traffic.
(3) (a) A person with a disability may park in a parking space identified as being
reserved for use by persons with disabilities whether on public property or private property
available for public use. An identifying license plate or placard obtained pursuant to section
42-3-204 or as other wise authorized by subsection (4) of this section shall be displayed in
accordance with 23 CFR 1235 at all times on the vehicle while parked in such space.
(b) The owner of private property available for public use may request the installation
of official signs identifying reserved parking spaces. Such a request shall be a waiver of any
objection the owner may assert concerning enforcement of this section by peace officers of
any political subdivision of this state, and the officers are hereby authorized and empowered
to enforce this section, provisions of law to the contrary notwithstanding. No person shall
impose restrictions on the use of disabled parking unless specifically authorized by a statute,
resolution, or ordinance of the state of Colorado or a political subdivision thereof and notice
of the restriction is prominently posted by a sign clearly visible at the parking space.
(c) Each parking space reserved for use by persons with disabilities whether on public
property or private property shall be marked with an official upright sign, which sign may
be stationary or portable, identifying such parking space as reserved for use by persons with
disabilities.
(4) Persons with disabilities from states other than Colorado shall be allowed to use
parking spaces for persons with disabilities in Colorado so long as such persons have valid
license plates or placards from their home state that are also valid pursuant to 23 CFR 1235.
(5) It is unlawful for any person other than a person with a disability to park in a
parking space on public or private property that is clearly identified by an official sign as
being reserved for use by persons with disabilities unless:
(a) Such person is parking the vehicle for the direct benefit of a person with a disability
to enter or exit the vehicle while it is parked in the reserved parking space; and
(b) An identifying license plate or placard obtained pursuant to section 42-3-204 or as
otherwise authorized by subsection (4) of this section is displayed in such vehicle.
(6) (a) A person who does not have a disability and who exercises the privilege defined
in subsection (2) of this section or who violates subsection (5) or (10) of this section
commits a class B traffic infraction punishable by a surcharge of thirty-two dollars pursuant
to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S., and a minimum fine of three
hundred fifty dollars, not to exceed one thousand dollars, for the first offense and a
minimum fine of six hundred dollars, not to exceed one thousand dollars, for a second
offense. A person who violates this subsection (6) three or more times commits a misde-
meanor punishable by a minimum fine of one thousand dollars, not to exceed five thousand
dollars, and not more than ten hours of community service. The state or local authority
issuing a citation under this subsection (a) or any local ordinance of a substantially
equivalent offense shall transfer one-half of the fine to the state treasurer, who shall credit
the fine to the disabled parking education and enforcement fund created in section 42-1-226.
(b) A person who violates this subsection (6) by parking a vehicle owned by a
commercial carrier, as defined in section 42-1-102 (17), shall be subject to a fine of up to
twice the penalty imposed in paragraph (a) of this subsection (6).
(7) A person who does not have a disability and who uses an identifying license plate
or placard in order to receive the benefits or privileges available to a person with a disability
under this section commits a misdemeanor punishable by a surcharge of thirty-two dollars
pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S., and a minimum
fine of three hundred fifty dollars, not to exceed one thousand dollars, for the first offense
and a minimum fine of six hundred dollars, not to exceed one thousand dollars, for a second
offense. A person who violates this subsection (7) three or more times commits a misde-
meanor punishable by a minimum fine of one thousand dollars, not to exceed five thousand
dollars, and not more than ten hours of community service. The state or local authority
issuing a citation under this subsection (7) or any local ordinance of a substantially
42-4-1208 Vehicles and Traffic Title 42 - page 426
equivalent offense shall transfer one-half of the fine to the state treasurer, who shall credit
the fine to the disabled parking education and enforcement fund created in section 42-1-226.
(8) (a) A peace officer or authorized and uniformed parking enforcement official may
check the identification of any person using an identifying license plate or placard in order
to determine whether such use is authorized.
(b) A peace officer or authorized and uniformed parking enforcement official may
confiscate an identifying placard that is being used in violation of this section. The peace
officer shall transmit the placard to the department unless it is being held for prosecution of
a violation of this section. The department shall hold a confiscated placard for thirty days
and may dispose of the placard after thirty days. Upon the person with a disability signing
a statement under penalty of perjury that he or she was unaware that the violator used, or
intended to use, the placard in violation of this section, the department shall release the
placard to the person with a disability to whom it was issued.
(c) A peace officer may investigate an allegation that a person is violating this section.
(9) Any state agency or division thereof that transports persons with disabilities may
obtain an identifying placard for persons with disabilities in the same manner provided in
this section for any other person. If an identifying placard is used by any employee of such
state agency or division when not transporting persons with disabilities, the executive
director of such agency and the offending employee shall be subject to a fine of one hundred
fifty dollars. This subsection (9) applies to any corporation or independent contractor as
determined by rule of the department to be eligible to transport persons with disabilities;
except that the chief executive officer or an equivalent of the corporation or independent
contractor and the offending employee are subject to the fine.
(10) Regardless of whether the person displays an identifying license plate or placard,
it is unlawful for any person to park a vehicle so as to block reasonable access to curb
ramps, passenger loading zones, or accessible routes, as identified in 28 CFR 36 (appendix
A), that are clearly identified unless such person is loading or unloading a person with a
disability.
( 1 1 ) (a) A person who knowingly and fraudulently obtains, possesses, uses, or transfers
an identifying placard issued to a person with a disability; who knowingly makes,
possesses, uses, or transfers what purports to be, but is not, an identifying placard; or who
knowingly creates or uses a device intended to give the impression that it is an identifying
placard when viewed from outside the vehicle is guilty of a misdemeanor and is subject to
the criminal and civil penalties provided under section 42-6-139 (3) and (4).
(b) A person who knowingly and willfully receives remuneration for committing a
misdemeanor pursuant to this subsection (11) is subject to twice the civil and criminal
penalties that would otherwise be imposed.
(12) (a) Certification of the entry of judgment for each violation of subsection (6), (7),
or (11) of this section shall be sent by the entering court to the department.
(b) (Deleted by amendment, L. 2010, (HB 10-1019), ch. 400, p. 1923, § 3, effective
January 1, 2011.)
(c) Upon receipt of certification of an entry of judgment for a violation of subsection
(6), (7), or (11) of this section by any person, the department shall withhold that person's
vehicle registration until such time as any fines imposed for the violations have been paid.
(d) Upon receipt of certification or independent verification of an entry of judgment, the
department shall revoke an identifying license plate or placard as provided in section
42-3-204 (2) (d).
(e) (Deleted by amendment, L. 2010, (HB 10-1019), ch. 400, p. 1923, § 3, effective
January 1, 2011.)
(13) (a) For purposes of this subsection (13), "holder" means a person with a disability
as defined in section 42-3-204 who has lawfully obtained an identifying license plate or
placard issued pursuant to section 42-3-204 (2) or as otherwise authorized by subsection (4)
of this section.
(b) Notwithstanding any other provision of this section to the contrary, a holder is liable
for any penalty or fine as set forth in this section or section 42-3-204 or for any misuse of
an identifying license plate or placard, including the use of such plate or placard by any
person other than a holder, unless the holder can furnish sufficient evidence that the license
Tide 42 - page 427 Regulation of Vehicles and Traffic 42-4-1208
plate or placard was, at the time of the violation, in the care, custody, or control of another
person without the holder's knowledge or consent.
(c) A holder may avoid the liability described in paragraph (b) of this subsection (13)
if, within a reasonable time after notification of the violation, the holder furnishes to the
prosecutorial division of the appropriate jurisdiction the name and address of the person
who had the care, custody, or control of the identifying license plate or placard at the time
of the violation or the holder reports said license plate or placard lost or stolen to both the
appropriate local law enforcement agency and the department.
(14) (a) A person who observes a violation of this section may submit evidence, along
with a sworn statement of a violation of this section, to any law enforcement agency.
(b) No employer shall forbid an employee from reporting violations of this section. No
person shall initiate or administer any disciplinary action against an employee on account
of the employee notifying the authorities of a possible violation of this section if the
employee has a good faith belief that a violation has occurred.
(c) No landlord shall retaliate against a tenant on account of the tenant notifying the
authorities of a possible violation of this section if the tenant has a good faith belief mat a
violation has occurred.
(15) (a) No person, after using a reserved parking space that has a time limit, shall
switch motor vehicles or move the motor vehicle to another reserved parking space within
one hundred yards of the original parking space within the same eight hours in order to
exceed the time limit.
(b) Parking in a time-limited reserved parking space for more than three hours for at
least three days a week for at least two weeks shall create a rebuttable presumption that the
person is violating this subsection (15).
(c) This subsection (15) does not apply to privately owned parking lots.
(d) A person who violates this subsection (15) commits a class B traffic infraction.
Upon conviction or the plea of guilty or nolo contendere for a violation of this subsection
(15), the court shall send a certification of the entry of judgment to the department Upon
receiving a certification of entry of judgment or independent verification, the department
shall revoke the identifying license plate or placard of a person who violates this subsection
(15) a second or subsequent time pursuant to section 42-3-204 (2).
(16) (a) No person shall use parking privileges obtained by an identifying license plate
or placard for a commercial purpose unless the purpose relates to transacting business with
a business the reserved parking space is intended to serve.
(b) A person who violates this subsection (16) commits a class B traffic infraction.
Upon conviction or the plea of guilty or nolo contendere for a violation of this subsection
(16), the court shall send a certification of the entry of judgment to the department Upon
receiving a certification of entry of judgment or independent verification, the department
shall revoke the identifying license plate or placard of a person who violates this subsection
(16) a second or subsequent time pursuant to section 42-3-204 (2).
(17) (a) A peace officer may issue a penalty assessment notice for a violation of
subsection (9), (15), or (16) of this section by sending it by certified mail to the registered
owner of the motor vehicle. The peace officer shall include in the penalty assessment notice
the offense or infraction, the time and place where it occurred, and a statement that the
payment of the penalty assessment and surcharge is due within twenty days from the
issuance of the notice. Receipt of the payment of the penalty assessment postmarked by the
twentieth day after the receipt of the penalty assessment notice by the defendant is receipt
on or before the date the payment was due.
(b) If the penalty assessment and surcharge are not paid within the twenty days from the
date of mailing of the notice, the peace officer who issued the original penalty assessment
notice shall file a complaint with a court having jurisdiction and issue and serve upon the
registered owner of the vehicle a summons to appear in court at the time and place specified
therein.
Source: L. 94: Entire title amended with relocations, p. 2373; § 1, effective January 1,
1995. L. 98: (1), IP(2), (3)(a), (4), and (7) amended, p. 216, § 2, effective August 5. L. 99:
Entire section amended, p. 709, § 3, effective July 1. L. 2005: (lXa), (l)(b), IP(2), (3)(a),
42-4-1209 Vehicles and Traffic Title 42 - page 428
(5)(b), (7), (11), (12)(b), (12)(d), (13)(a), and (13)(b) amended, p. 1175, § 16, effective
August 8. L. 2010: Entire section amended, (HB 10-1019), ch. 400, p. 1923, § 3, effective
January 1, 2011.
Editor's note: This section is similar to former § 42-4-1109 as it existed prior to 1994, and the
former § 42-4-1208 was relocated to § 42-4-1407.
42-4-1209. Owner liability for parking violations. (1) In addition to any other
liability provided for in this article, the owner of a motor vehicle who is engaged in the
business of leasing or renting motor vehicles is liable for payment of a parking violation fine
unless the owner of the leased or rented motor vehicle can furnish sufficient evidence that
the vehicle was, at the time of the parking violation, in the care, custody, or control of
another person. To avoid liability for payment the owner of the motor vehicle is required,
within a reasonable time after notification of the parking violation, to furnish to the
prosecutorial division of the appropriate jurisdiction the name and address of the person or
company who leased, rented, or otherwise had the care, custody, or control of such vehicle.
As a condition to avoid liability for payment of a parking violation, any person or company
who leases or rents motor vehicles to another person shall attach to the leasing or rental
agreement a notice stating that, pursuant to the requirements of this section, the operator of
the vehicle is liable for payment of a parking violation fine incurred when the operator has
the care, custody, or control of the motor vehicle. The notice shall inform the operator that
the operator's name and address shall be furnished to the prosecutorial division of the
appropriate jurisdiction when a parking violation fine is incurred by the operator.
(2) The provisions of this section may be adopted by local authorities pursuant to
section 42-4-110 (1).
Source: L. 94: Entire title amended with relocations, p. 2375, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1110 as it existed prior to 1994.
42-4-1210. Designated areas on private property for authorized vehicles. (1) The
owner or lessee of any private property available for public use in the unincorporated areas
of a county may request in writing that specified areas on such property be designated by
the board of county commissioners for use only by authorized vehicles and that said areas,
upon acceptance in writing by the board of county commissioners, shall be clearly marked
by the owner or lessee with official traffic control devices, as defined in section 42-1-102
(64). Such a request shall be a waiver of any objection the owner or lessee may assert
concerning enforcement of this section by peace officers of this state, and such officers are
hereby authorized and empowered to so enforce this section, provisions of law to the
contrary notwithstanding. When the owner or lessee gives written notice to the board of
county commissioners that said request is withdrawn, and the owner or lessee removes all
traffic control devices, the provisions of this section shall no longer be applicable.
(2) It is unlawful for any person to park any vehicle other than an authorized vehicle
in any area designated and marked for such use as provided in this section.
(3) Any person who violates the provisions of subsection (2) of this section is guilty of
a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of
twenty-five dollars. The disposition of fines and forfeitures shall be paid into the treasury
of the county at such times and in such manner as may be prescribed by the board of county
commissioners.
Source: L. 94: Entire title amended with relocations, p. 2376, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1111 as it existed prior to 1994, and the
former § 42-4-1210 was relocated to § 42-4-314.
Title 42 -page 429 Regulation of Vehicles and Traffic 42-4-1301
42-4-1211. Limitations on backing. (1) (a) The driver of a vehicle, whether on
public property or private property which is used by the general public for parking purposes,
shall not back the same unless such movement can be made with safety and without
interfering with other traffic.
(b) The driver of a vehicle shall not back the same upon any shoulder or roadway of any
controlled-access highway.
(2) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire tide amended with relocations, p. 2376, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-112 as it existed prior to 1994, and the
former § 42-4-1211 was relocated to § 42-4-1304.
42-4-1212. Pay parking access for disabled. ( 1 ) Unless the method of remuneration
is reasonably accessible to a person with a disability as defined in section 42-3-204, no
person who owns, operates, or manages a parking space that requires remuneration shall
tow, boot, or otherwise take adverse action against a person or motor vehicle parking in
such space for failure to pay the remuneration if the motor vehicle bears a placard or license
plate bearing an identifying figure issued pursuant to section 42-3-204 or a similar law in
another state that is valid under 23 CFR 1235.
(2) Notwithstanding any statute, resolution, or ordinance of the state of Colorado or a
political subdivision thereof, parking in a space without paying the required remuneration
shall not be deemed a violation of such statute, resolution, or ordinance if:
(a) The motor vehicle bears a placard or license plate bearing the identifying figure
issued pursuant to section 42-3-204 or a similar law in another state that is valid under 23
CFR 1235; and
(b) The method of remuneration is not reasonably accessible to a person with a
disability as defined in section 42-3-204.
(3) A law enforcement agency shall withdraw any penalty assessment notice or
summons and complaint that is deemed not to be a violation under subsection (2) of this
section.
(4) For the purposes of this section, "reasonably accessible*' means meeting the
standards of 28 CFR 36 (appendix A) or substantially similar standards.
Source: L. 2010: Entire section added, (HB 10-1019), ch. 400, p. 1929, § 4, effective
January 1, 2011.
PART 13
ALCOHOL AND DRUG OFFENSES
42-4-13003. Definitions. (Repealed)
Source: L. 2002: Entire section added, p. 1897, § 1, effective July 1. L. 2004: (3)
amended, p. 781, § 2, effective July 1. L. 2008: Entire section repealed, p. 255, § 26,
effective July 1.
42-4-1301. Driving under the influence - driving while impaired - driving with
excessive alcoholic content - definitions - penalties. (1) (a) It is a misdemeanor for any
person who is under the influence of alcohol or one or more drugs, or a combination of both
alcohol and one or more drugs, to drive a motor vehicle or vehicle.
(b) It is a misdemeanor for any person who is impaired by alcohol or by one or more
drugs, or by a combination of alcohol and one or more drugs, to drive a motor vehicle or
vehicle.
42-4-1301 Vehicles and Traffic Title 42 - page 430
(c) It is a misdemeanor for any person who is an habitual user of any controlled
substance defined in section 18-18-102 (5), C.R.S., to drive a motor vehicle, vehicle, or
low-power scooter in this state.
(d) For the purposes of this subsection (1), one or more drugs shall mean all substances
defined as a drug in section 27-80-203 (13), C.R.S., and all controlled substances defined
in section 18-18-102 (5), C.R.S., and glue-sniffing, aerosol inhalation, and the inhalation of
any other toxic vapor or vapors.
(e) The fact that any person charged with a violation of this subsection ( 1 ) is or has been
entitled to use one or more drugs under the laws of this state, including, but not limited to,
the medical use of marijuana pursuant to section 18-18-406.3, C.R.S., shall not constitute
a defense against any charge of violating this subsection (1).
(f) "Driving under the influence" means driving a motor vehicle or vehicle when a
person has consumed alcohol or one or more drugs, or a combination of alcohol and one or
more drugs, that affects the person to a degree that the person is substantially incapable,
either mentally or physically, or both mentally and physically, to exercise clear judgment,
sufficient physical control, or due care in the safe operation of a vehicle.
(g) "Driving while ability impaired*' means driving a motor vehicle or vehicle when a
person has consumed alcohol or one or more drugs, or a combination of both alcohol and
one or more drugs, that affects the person to the slightest degree so that the person is less
able than the person ordinarily would have been, either mentally or physically, or both
mentally and physically, to exercise clear judgment, sufficient physical control, or due care
in the safe operation of a vehicle.
(h) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI, it shall be
sufficient to describe the offense charged as "drove a vehicle under the influence of alcohol
or drugs or both".
(i) Pursuant to section 16-2-106, C.R.S., in charging the offense of DWAI, it shall be
sufficient to describe the offense charged as "drove a vehicle while impaired by alcohol or
drugs or both".
(2) (a) It is a misdemeanor for any person to drive a motor vehicle or vehicle when the
person's BAC is 0.08 or more at the time of driving or within two hours after driving.
During a trial, if the state's evidence raises the issue, or if a defendant presents some
credible evidence, that the defendant consumed alcohol between the time that the defendant
stopped driving and the time that testing occurred, such issue shall be an affirmative
defense, and the prosecution must establish beyond a reasonable doubt that the minimum
0.08 blood or breath alcohol content required in this paragraph (a) was reached as a result
of alcohol consumed by the defendant before the defendant stopped driving.
(a.5) (I) It is a class A traffic infraction for any person under twenty-one years of age
to drive a motor vehicle or vehicle when the person's BAC, as shown by analysis of the
person's breath, is at least 0.02 but not more than 0.05 at the time of driving or within two
hours after driving. The court, upon sentencing a defendant pursuant to this subparagraph
(I), may, in addition to any penalty imposed under a class A traffic infraction, order that the
defendant perform up to twenty-four hours of useful public service, subject to the conditions
and restrictions of section 18-1.3-507, C.R.S., and may further order that the defendant
submit to and complete an alcohol evaluation or assessment, an alcohol education program,
or an alcohol treatment program at such defendant's own expense.
(II) A second or subsequent violation of this paragraph (a.5) shall be a class 2 traffic
misdemeanor.
(b) In any prosecution for the offense of DUI per se, the defendant shall be entitled to
offer direct and circumstantial evidence to show that there is a disparity between what the
tests show and other facts so that the trier of fact could infer that the tests were in some way
defective or inaccurate. Such evidence may include testimony of nonexpert witnesses
relating to the absence of any or all of the common symptoms or signs of intoxication for
the purpose of impeachment of the accuracy of the analysis of the person's blood or breath.
(c) Pursuant to section 16-2-106, C.R.S., in charging the offense of DUI per se, it shall
be sufficient to describe the offense charged as "drove a vehicle with excessive alcohol
content".
Title 42 - page 431 Regulation of Vehicles and Traffic 42-4-1301
(3) The offenses described in subsections (1) and (2) of this section are strict liability
(4) No court shall accept a plea of guilty to a non-alcohol-related or non-drug-related
traffic offense or guilty to the offense of UDD from a person charged with DUI, DUI per
se, or habitual user; except that the court may accept a plea of guilty to a non-alcohol-related
or non-drug-related traffic offense or to UDD upon a good faith representation by the
prosecuting attorney that the attorney could not establish a prima facie case if the defendant
were brought to trial on the original alcohol-related or drug-related offense.
(5) Notwithstanding the provisions of section 18-1-408, C.R.S., during a trial of any
person accused of both DUI and DUI per se, the court shall not require the prosecution to
elect between the two violations. The court or a jury may consider and convict the person
of either DUI or DWAI, or DUI per se, or both DUI and DUI per se, or both DWAI and DUI
per se. If the person is convicted of more than one violation, the sentences imposed shall
run concurrently.
(6) (a) In any prosecution for DUI or DWAI, the defendant* s BAC at the time of the
commission of the alleged offense or within a reasonable time thereafter gives rise to the
following presumptions or inferences:
(I) If at such time the defendant's BAC was 0.05 or less, it shall be presumed that the
defendant was not under the influence of alcohol and that the defendant's ability to operate
a motor vehicle or vehicle was not impaired by the consumption of alcohol.
(II) If at such time the defendant's BAC was in excess of 0.05 but less than 0.08, such
fact gives rise to the permissible inference that the defendant's ability to operate a motor
vehicle or vehicle was impaired by the consumption of alcohol, and such fact may also be
considered with other competent evidence in detennining whether or not the defendant was
under the influence of alcohol.
(HI) If at such time the defendant's BAC was 0.08 or more, such fact gives rise to the
permissible inference that the defendant was under the influence of alcohol.
(b) The limitations of this subsection (6) shall not be construed as limiting the
introduction, reception, or consideration of any other competent evidence bearing upon the
question of whether or not the defendant was under the influence of alcohol or whether or
not the defendant's ability to operate a motor vehicle or vehicle was impaired by the
consumption of alcohol.
(c) In all actions, suits, and judicial proceedings in any court of this state concerning
alcohol-related or drug-related traffic offenses, the court shall take judicial notice of
methods of testing a person's alcohol or drug level and of the design and operation of
devices, as certified by the department of public health and environment, for testing a
person's blood, breath, saliva, or urine to determine such person's alcohol or drug level. The
department of public health and environment may, by rule, determine that, because of the
reliability of the results from certain devices, the collection or preservation of a second
sample of a person's blood, saliva, or urine or the collection and preservation of a delayed
breath alcohol specimen is not required. This paragraph (c) shall not prevent the necessity
of establishing during a trial that the testing devices used were working properly and that
such testing devices were properly operated. Nothing in this paragraph (c) shall preclude a
defendant from offering evidence concerning the accuracy of testing devices.
(d) If a person refuses to take or to complete, or to cooperate with the completing of,
any test or tests as provided in section 42-4-1301.1 and such person subsequently stands
trial for DUI or DWAI, the refusal to take or to complete, or to cooperate with the
completing of, any test or tests shall be admissible into evidence at the trial, and a person
may not claim the privilege against self-incrimination with regard to admission of refusal
to take or to complete, or to cooperate with the completing of, any test or tests.
(e) Involuntary blood test - admissibility. Evidence acquired through an involuntary
blood test pursuant to section 42-4-1301.1 (3) shall be admissible in any prosecution for
DUI, DUI per se, DWAI, habitual user, or UDD, and in any prosecution for criminally
negligent homicide pursuant to section 18-3-105, C.R.S., vehicular homicide pursuant to
section 18-3-106 (1) (b), C.R.S., assault in the third degree pursuant to section 18-3-204,
C.R.S., or vehicular assault pursuant to section 18-3-205 (1) (b), CR.S.
42-4-1301 Vehicles and Traffic Title 42 - page 432
(f) Chemical test - admissibility. Strict compliance with the rules and regulations
prescribed by the department of public health and environment shall not be a prerequisite
to the admissibility of test results at trial unless the court finds that the extent of
noncompliance with a board of health rule has so impaired the validity and reliability of the
testing method and the test results as to render the evidence inadmissible, In all other
circumstances, failure to strictly comply with such rules and regulations shall only be
considered in the weight to be given to the test results and not to the admissibility of such
test results.
(g) It shall not be a prerequisite to the admissibility of test results at trial that the
prosecution present testimony concerning the composition of any kit used to obtain blood,
urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the
compliance of such kits with the rules and regulations of the department of public health
and environment shall be established by the introduction of a copy of the manufacturer's or
supplier's certificate of compliance with such rules and regulations if such certificate
specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in
such kit.
(h) In any trial for a violation of this section, the testimony of a law enforcement officer
that he or she witnessed the taking of a blood specimen by a person who the law
enforcement officer reasonably believed was authorized to withdraw blood specimens shall
be sufficient evidence that such person was so authorized, and testimony from the person
who obtained the blood specimens concerning such person's authorization to obtain blood
specimens shall not be a prerequisite to the admissibility of test results concerning the blood
specimens obtained.
(i) (I) Following the lawful contact with a person who has been driving a motor vehicle
or vehicle and when a law enforcement officer reasonably suspects that a person was driving
a motor vehicle or vehicle while under the influence of or while impaired by alcohol, the
law enforcement officer may conduct a preliminary screening test using a device approved
by the executive director of the department of public health and environment after first
advising the driver that the driver may either refuse or agree to provide a sample of the
driver's breath for such preliminary test; except that, if the driver is under twenty-one years
of age, the law enforcement officer may, after providing such advisement to the person,
conduct such preliminary screening test if the officer reasonably suspects that the person has
consumed any alcohol.
(II) The results of this preliminary screening test may be used by a law enforcement
officer in determining whether probable cause exists to believe such person was driving a
motor vehicle or vehicle in violation of this section and whether to administer a test
pursuant to section 42-4-1301.1 (2).
(HI) Neither the results of such preliminary screening test nor the fact that the person
refused such test shall be used in any court action except in a hearing outside of the presence
of a jury, when such hearing is held to determine if a law enforcement officer had probable
cause to believe that the driver committed a violation of this section. The results of such
preliminary screening test shall be made available to the driver or the driver's attorney on
request.
(7) Repealed.
(8) A second or subsequent violation of this section committed by a person under
eighteen years of age may be filed in juvenile court.
Source: L. 94: (2.5), (3)(a)(II), (3)(b)(I), and (6) amended, p. 2814, § 594, effective July
1; entire title amended with relocations, p. 2376, § 1, effective January 1, 1995. L. 95:
(9)(a) and (9)(b) amended, p. 956, § 17, effective May 25; (9)(e)(H) and (12) amended, p.
315, § 3, effective July 1; (10)(d) amended, p. 224, § 3, effective July 1. L. 97: (2)(a.5)
added and (6) and (8) amended, p. 1467, §§ 12, 13, effective July 1. L. 98: (2)(a.5), (9)(a),
and (9)(b)(lH) amended, p. 174, § 6, effective April 6; (9)(b)(IV) added and (9)(g)
amended, p. 1240, §§ 5, 6, effective July 1; (10)(a), (10)(b), (10)(c), (10)(d), and (10)(e)
amended, p. 716, § 1, effective July 1. L. 99: (9)(a)(II), (9)(g), and (10)(c) amended, p.
1158, § 3, effective July 1. L. 2000: (2)(a.5) and (7)(a)(H) amended, p. 514, § 2, effective
May 12; (9)(e)(H) amended, p. 1643, § 30, effective June 1; (9)(g)(m) amended, p. 1078,
Title 42 - page 433
Regulation of Vehicles and Traffic
42-4-1301
§ 7, effective July 1. L. 2001: (l)(e) amended, p. 474, § 3, effective April 27; (9)(a),
(9)(b), and (9)(f)(I) amended, p. 789, § 8, effective July 1. L. 2001, 2nd Ex. Sess.: (9)(a),
(9)(b), and (9)(f)(D amended, p. 2, § 3, effective September 25. L. 2002: Entire section
amended with relocations, p. 1898, § 2, effective July 1 ; (7)(e) and (7 )(f ) amended, p. 1561,
§ 368, effective October 1; (7)(d)(ffl) added, p. 1609, § 4, effective January 1, 2004.
L. 2003: (7)(h) amended, p. 2004, § 73, effective May 22. L. 2004: (6)(c) amended, p.
234, § 1, effective April 1; (2)(a), (4), (6)(a)(II), and (6)(a)(ffl) amended, p. 780, § 1,
effective July 1; (2)(a.5) and (7)(e) amended and (8) added, p. 1130, § 2, effective July 1.
L. 2005: (7)(d)(H) amended, p. 1177, § 17, effective August 8. L. 2006: (7)(d)(H)
amended, p. 1369, § 9, effective January 1, 2007. L. 2008: (7)(aXI)(B), (7)(a)(II)(B),
(7)(a)(IV)(B), (7)(b)(I)(B), (7)(b)(H)(B), and (7)(b)(m)(B) amended, p. 2086, § 4, effective
July 1. L. 2009: (7)(d)(m) amended, (SB 09-133), ch. 392, p. 2119, § 2, effective August
5; (l)(a), (l)(b), (l)(c), (l)(f), (l)(g), (2)(a), (2)(a.5)(I), (6)(a)(I), (6)(aXII), (6)(b), (6)(i)(I),
and (6)(i)(n) amended, (HB 09-1026), ch. 281, p. 1278, § 56, effective October 1;
(7)(d)(IV) added, (HB 09-1119), ch. 397, p. 2146, § 3, effective January 1, 2010. L. 2010:
(7)(d)(IV)(A) and (7)(d)(IV)(B) amended, (SB 10-175), ch. 188, p. 807, § 86, effective
April 29; (7) repealed, (HB 10-1347), ch. 258, p. 1149, § 1, effective July 1. L. 2012:
(l)(c) and (l)(d) amended, (HB 12-1311), ch. 281, p. 1632, § 91, effective July 1.
Editor's note: (1) This title was amended with relocations in 1994, effective January 1, 1995, and
this section was subsequently amended with relocations in 2002, resulting in the relocation of
provisions. Some portions of this section have been relocated to §§ 42-4-1301.1, 42-4-1301.2,
42-4-1301.3, and 42-4-1301.4. For a detailed comparison of this section, see the comparative tables
located in the back of the index.
(2) Amendments to subsections (2.5), (3)(a)(H), (3)(b)(I), and (6) by House Bill 94-1029 were
harmonized with Senate Bill 94-001.
(3) Subsections (7)(e) and (7)(f) were originally numbered as subsection (9)(h), and the amend-
ments to it in House Bill 02-1046 were harmonized with subsections (7)(e) and (7)(f) as they appeared
in Senate Bill 02-057.
Cross references: (1) For community or useful public service for persons convicted of misde-
meanors, see § 18-1.3-507; for community service for juvenile offenders, see § 19-2-308; for
additional costs imposed on criminal actions and traffic offenses, see §§ 24-4.1-119 and 24-4.2-104;
for provision that the operation of vehicles and the movement of pedestrians pursuant to this section
apply upon streets and highways and elsewhere throughout the state, see § 42-4-103 (2)(b); for
additional costs levied on alcohol- and drug-related traffic offenses, see § 43-4-402; for community
or useful public service for class 1 and class 2 misdemeanor traffic offenders, see § 42-4-1701; for
collateral attacks of alcohol- or drug-related traffic offenses, see § 42-4-1702.
(2) For the legislative declaration contained in the 2002 act amending subsections (7)(e) and
(7)(f), see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
I. General Consideration.
n. Presumptions.
m. Prior Convictions.
IV. Useful Public Service.
I. GENERAL CONSIDERATION.
Law reviews. For comment, "The Theory
and Practice of Implied Consent in Colorado",
see 47 U. Colo. L. Rev. 723 (1976). For article,
"Review of new Legislation Relating to Crim-
inal Law", see 11 Colo. Law. 2148 (1982). For
article, "The New Colorado Per Se DUI Law",
see 12 Colo. Law. 1451 (1983). For article,
"Drunk Driving Laws: A Study of the Views of
Colorado Trial Judges", see 14 Colo. Law. 189
(1985). For article, "DUI Defense Under the Per
Se Law", see 14 Colo. Law. 2155 (1985). For
comment, "The Constitutionality of Drunk
Driving Roadblocks", see 58 U. Colo. L. Rev.
109 (1986-87). For article, "ADUI Primer", see
16 Colo. Law. 2179 (1987). For comment,
"Greathouse: Has Colorado Abandoned the Pro-
tections of Garcia?", see 59 U. Colo. L. Rev.
351 (1988). For article, "Drinking and Driving:
An Update on the 1989 Legislation", see 18
Colo. Law. 1943 (1989). For article, "A Young
Lawyer's Guide to DUI Suppression Motions",
see 25 Colo. Law. 63 (April 1996). For article,
"Plea Bargaining, Legislative Limits, and the
Separation of Powers", see 32 Colo. Law. 63
(March 2003).
Annotator's note. Since § 42-4-1301 is sim-
ilar to § 42-4-1301 as it existed prior to its 2002
amendment and § 42-4-1202 as it existed prior
to the 1994 amending of title 42 as enacted by
42-4-1301
Vehicles and Traffic
Title 42 -page 434
SB 94-1, relevant cases construing those provi-
sions have been included in the annotations to
this section.
Procedural due process violated when
guilty plea to serious offense entered in sum-
mary proceeding. In view of the serious con-
sequences which follow the entry of a plea of
guilty to driving under the influence of alcohol,
the summary disposal immediately after arrest,
notwithstanding the belief of the officer, evi-
denced by the fact that he filed the charge, that
the accused was under the influence of liquor,
constitutes a serious deprivation of the constitu-
tional right of the accused to a fair trial. It is
axiomatic that justice delayed is justice denied,
but there are limits to the acceleration process,
and the instant procedure was so unjustifiably
sudden as to constitute a violation of the consti-
tutional guarantee of procedural due process of
law. Toland v. Strohl, 147 Colo. 577, 364 P.2d
588 (1961).
A first-time charge of driving while ability
impaired is not a petty offense. The general
assembly's placement of numerous alcohol and
drug-related offenses in a single statute demon-
strates an intention to not treat first-time driving
while ability impaired offenses as petty offenses.
The penalties are dependant upon circumstances
that may not be known by the court at the time
of arraignment. The penalties for a first-time
offense may easily exceed those of a petty of-
fense under §16-10-109. Therefore, defendants
are not required to file with a court under §16-
10-109 to obtain a trial by jury. Byrd v. Stavely,
113 P.3d 1273 (Colo. App. 2005).
Failure to preserve a second sample of the
defendant's blood for independent testing did
not violate his due process rights under the
state constitution because the test for materiality
of evidence set forth in People v. Greathouse
(742 P.2d 334 (Colo. 1987)) was not met. People
v. Humes, 762 P.2d 665 (Colo. 1988).
Defendant, who was convicted of vehicular
assault while under the influence, vehicular
assault by driving recklessly, and driving un-
der the influence, was not denied her right to
procedural due process by the prosecution's
failure to preserve a second sample of her breath
at the time the breathalyzer test was adminis-
tered to her or to keep the victim's car in stor-
age. Defendant failed to meet the test of mate-
riality set forth in People v. Greathouse (742
P.2d 334 (Colo. 1987)) or the test for bad faith
set forth in Arizona v. Youngblood (488 U.S. 51
(1988)). People v. Acosta, 860 P.2d 1376 (Colo.
App. 1993).
Challenge raised initially on appeal to su-
preme court not considered. An equal protec-
tion challenge to this section not raised during
the license revocation review proceedings will
not be considered if raised for the first time on
appeal to the supreme court. Colgan v. State
Dept. of Rev., 623 P.2d 871 (Colo. 1981).
Governmental purpose. The implied con-
sent statute serves the distinct governmental
purpose of facilitating citizen cooperation in
achieving traffic safety by the use of the admin-
istrative sanction of revocation upon a refusal to
submit to a test, while the statutory authoriza-
tion for a probationary license is expressly di-
rected towards the "alcohol and drug traffic
driving education or treatment" of the convicted
traffic offender. DeScala v. Motor Vehicle Div.,
667 P.2d 1360 (Colo. 1983).
Legislative policy of this state has been to
create a graduated scale of penalties arising
from driving an automobile after the use of
intoxicants. Thompson v. People, 181 Colo. 194,
510 P.2d 311 (1973).
The primary purpose of this section is to
obtain scientific evidence of the amount of al-
cohol in the bloodstream in order to curb drunk
driving through prosecution for that offense.
Zahtila v. Motor Vehicle Div., 39 Colo. App. 8,
560 P.2d 847 (1977); Hess v. Tice, 43 Colo. App.
47, 598 P.2d 536 (1979).
This section's purpose is to assist in the pros-
ecution of the drinking driver. Marin v. Colo.
Dept. of Rev., 41 Colo. App. 557, 591 P.2d 1336
(1978).
The terms "intoxicated", "drunk", and
"under the influence of intoxicating liquor"
are substantially synonymous. There is no rea-
son to allow opinion testimony by a lay witness
phrased in one of these terms and to prohibit it
when it is phrased in another of these terms.
People v. Norman, 194 Colo. 372, 572 P.2d 819
(1977).
The terms "drive" and "drove" as used in
this section and for purposes of the DUI stat-
ute include "actual physical control" of a
vehicle, even if the vehicle is not actually mov-
ing. Proof that a person is in actual physical
control of a vehicle is sufficient to prove that the
person drove the vehicle. People v. Swain, 959
P.2d 426 (Colo. 1998).
Driving a motor vehicle means exercising
physical control over a motor vehicle. Al-
though the court did not instruct the jury that it
must find the vehicle was reasonably capable of
being rendered operable, it did not err because
there was undisputed testimony that the vehi-
cle's alleged inoperability was a result only of a
lack of fuel and a dead battery. These circum-
stances do not, as a matter of law, render a
vehicle not reasonably capable of being ren-
dered operable. People v. VanMatre, 190 P.3d
770 (Colo. App. 2008).
For general explanation of provisions of
this section, see Marin v. Colo. Dept. of Rev.,
41 Colo. App. 557, 591 P.2d 1336 (1978).
This section is not vague, indefinite, nor
uncertain as there are reasonable ascertainable
standards by which the guilt of an accused can
be determined. Thompson v. People, 181 Colo.
194, 510 P.2d 311 (1973).
Title 42 - page 435
Regulation of Vehicles and Traffic
42-4-1301
This section, when read as a whole, provides
standards sufficiently precise to inform the de-
fendant of the crime charged. Thompson v. Peo-
ple, 181 Colo. 194, 510 P.2d 311 (1973).
Defendant not deprived of his constitu-
tional right to equal protection under this
section since all class 2 misdemeanors do not
reflect similar criminal conduct to which similar
sanctions must be applied, the general assembly
is entitled to establish more severe penalties for
acts that it believes have greater social impact
and graver consequences, and the defendant
failed to prove that the mandatory sentencing
scheme has impacted him differently from all
other persons convicted of similar criminal con-
duct of driving under the influence. People v.
MartmnilHe, 940 P.2d 1090 (Colo. App. 1996).
For even a full reading of the penalty sec-
tion of this section would not apprise the
accused of the consequences of the guilty
plea. If, as the charge suggests, the accused was
under the influence of liquor, he could not give
an effectual waiver. The fact that the accused
evidenced a desire to accept the impetuous pro-
ceedings tendered does not in the present cir-
cumstances justify the summary disposition of
the charge. Toland v. Strohl, 147 Colo. 577, 364
P.2d 588 (1961).
It is a misdemeanor for any person under
the influence of intoxicating liquor to drive an
automobile on the public highways. Solt v. Peo-
ple, 130 Colo. 1, 272 P.2d 638 (1954); People v.
Sanchez, 173 Colo. 188, 476 P.2d 980 (1970).
Proceedings under the implied consent law
are civil in nature. Johnson v. Motor Vehicle
Div., 38 Colo. App. 230, 556 P.2d 488 (1976).
Traffic laws and revocation procedures
contained in §§ 42-2-122 and 42-2-203 are
aimed at all drivers who operate a motor ve-
hicle while under the influence of alcohol or
while their ability is impaired, regardless of their
status as alcoholics or problem drinkers.
Heninger v. Charnes, 200 Colo. 194, 613 P.2d
884 (1980).
Subsection (l)(b) intended to be a less se-
rious offense than subsection (l)(a). The pen-
alty and presumptions of this section clearly
show a legislative intent that subsection (l)(b) is
a less serious offense than subsection (l)(a), and
demonstrates that the general assembly intended
to establish two levels of prohibited conduct.
Thompson v. People, 181 Colo. 194, 510 P.2d
311 (1973).
And is a lesser included offense. Driving
while one's ability is impaired due to consump-
tion of alcohol is considered a lesser included
offense of driving under the influence of intox-
icating liquor if the evidence warrants. Thomp-
son v. People, 181 Colo. 194, 510 P.2d 311
(1973).
Driving under the influence is a lesser in-
cluded offense of aggravated driving after
revocation. Merger principles preclude convic-
tion for a lesser included offense of a crime for
which a defendant has also been convicted in the
same prosecution. People v. Mersman, 148 P.3d
199 (Colo. App. 2006).
Misdemeanor offenses under this section
are not the same as the felony offenses under
§ 18-3-205 because the elements and the re-
quired proof for conviction are different. People
v. Smith, 182 Colo. 228, 512 P.2d 269 (1973).
The misdemeanor count of driving while un-
der the influence of intoxicating liquor is not the
same offense as the felony count of inflicting
bodily injury by operating an automobile in a
reckless manner while under the influence of
intoxicating liquor. People v. Smith, 182 Colo.
228, 512 P.2d 269 (1973).
And are not lesser included offenses. Driv-
ing under the influence of intoxicating liquor,
and driving while ability is impaired are not
lesser included offenses of the felony charge of
inflicting bodily injury while under the influence
of intoxicating liquor by driving an automobile
in a reckless manner. People v. Smith, 182 Colo.
228, 512 P.2d 269 (1973).
Dismissal of count under this section not
bar to prosecution under § 18-3-205. The
court's dismissal of a misdemeanor count under
this section, which placed the defendant in jeop-
ardy as to that count, did not bar prosecution on
felony count under § 1 8-3-205. People v. Smith,
182 Colo. 228, 512 P.2d 269 (1973).
Dismissal by hearing officer not bar to sub-
sequent action. Absent the sworn report of the
law enforcement officer, a hearing officer may
dismiss a case without prejudice; and such dis-
missal is not on the merits and does not bar a
subsequent action on the same incident.
McBride v. State Dept. of Rev., 626 P.2d 760
(Colo. App. 1981).
The refusal of nondriver to take sobriety
test is not within the scope of this section.
Marin v. Colo. Dept. of Rev., 41 Colo. App. 557,
591 P.2d 1336 (1978).
Failure of police to obtain test from uncon-
scious victim pursuant to subsection (7)(c)
does not entitle defendant to a dismissal of
the charges under this section when the defen-
dant cannot show that the failure was in bad
faith. People v. Kearns, 988 P.2d 189 (Colo.
App. 1999).
Where officer made no attempt to comply
with the requirements of the statute and there
were no circumstances that would have pre-
vented compliance, trial court did not abuse its
discretion by suppressing results of blood test.
People v. Maclaren, 251 P.3d 578 (Colo. App.
2010).
Section not applicable to person not driv-
ing on public highway. The driver's license
revocation provisions of this section do not ap-
ply to one who is not driving upon a public
highway. Dayhoff v. State Motor Vehicle Div.,
42-4-1301
Vehicles and Traffic
Title 42 -page 436
42 Colo. App. 91, 595 P.2d 1051 (1979), affd,
199 Colo. 363, 609 P.2d 119 (1980).
Express consent provision not applicable to
federal reservations. The federal Assimilative
Crimes Act does not assimilate the express con-
sent provision because the provision is part of
state administrative proceedings. United States
v. Hopp, 943 F. Supp. 1313 (D. Colo. 1996).
There is no requirement in this section that
there be both a driving violation and evidence
of operating a vehicle while under the influ-
ence of or impaired by alcohol. Johnson v.
Motor Vehicle Div., 38 Colo. App. 230, 556 P.2d
488 (1976); Gilbert v. Dolan, 41 Colo. App. 173,
586 P.2d 233 (1978).
Under this section, an officer may make an
arrest of one who commits a moving violation
and then, if he has probable cause to believe that
the person is driving under the influence of
alcohol, can request that the driver take a chem-
ical test, even though he is not under arrest at the
time for driving under the influence. On the
other hand, the officer may, in the first instance,
arrest the suspect for driving while under the
influence and then request a test be taken. John-
son v. Motor Vehicle Div., 38 Colo. App. 230,
556 P.2d 488 (1976).
Advisement form must contain reasons for
believing driver under influence. The advise-
ment form must contain the officer's reasons for
believing a driver was under the influence of
alcohol and the officer may not later supplement
those reasons by testimony at the implied con-
sent hearing. Marquez v. Charnes, 632 P.2d 640
(Colo. App. 1981).
But not reason for stopping driver. It is not
necessary for the officer to set out the reason on
the advisement form for stopping a driver. Mar-
quez v. Charnes, 632 P.2d 640 (Colo. App.
1981).
Grounds for believing driver under the in-
fluence limited. The grounds relied on by an
officer for believing that a person was driving
under the influence of alcohol must be limited to
the grounds set forth in the advisement. Lucero
v. Charnes, 44 Colo. App. 73, 607 P.2d 405
(1980).
Inference that person behind wheel was
driver held appropriate. The inference drawn
by a police officer, that one seated behind the
wheel of, and attempting to start, a vehicle
stopped in a highway travel lane was a driver
thereof, was not inappropriate, and served as an
adequate basis for the officer to proceed pursu-
ant to this section. Johnson v. Motor Vehicle
Div., 38 Colo. App. 230, 556 P.2d 488 (1976).
Standard of proof necessary for conviction
of driving while under the influence of intox-
icating liquor is "substantially under the influ-
ence". Thompson v. People, 181 Colo. 194, 510
P.2d 311 (1973) (decided prior to 1989 enact-
ment of subsection (l)(f)).
Standard of intoxication in prosecution for
driving while impaired is impairment to the
"slightest degree". Thompson v. People, 181
Colo. 194, 510 P.2d 311 (1973) (decided prior to
1989 enactment of subsection ( 1 Kg)).
Reasonable grounds to arrest driver. Evi-
dence that a driver's automobile was weaving
across traffic lanes and speeding, that there was
an odor of alcohol on the driver's breath, and
that the driver did not satisfactorily perform the
roadside sobriety tests, is sufficient to support a
hearing officer's rinding that there existed "rea-
sonable grounds" to believe that the driver was
driving under the influence of alcohol. Hall v.
Charnes, 42 Colo. App. Ill, 590 P.2d 516
(1979).
Reasonable grounds to believe licensee was
driving under the influence of or impaired by
alcohol. Based on his own observations, the
information received from the investigating of-
ficer and the fact that the licensee did not deny
the written allegation in the advisement form
that he had been driving a motor vehicle, the
officer had reasonable grounds to believe that
the licensee had been driving under the influ-
ence of or impaired by alcohol. Colo. Dept. of
Rev. v. Kirke, 743 P.2d 16 (Colo. 1987) (decided
under law in effect prior to 1983 amendment).
Police officer is not authorized to request
and to direct an arrested driver to submit to
alcohol testing absent probable cause for the
DUI arrest and also for the initial stop. Peterson
v. Tipton, 833 P.2d 830 (Colo. App. 1992).
Express consent provision does not apply
to roadside sobriety tests. Instead it deals only
with the express consent given by any driver on
state roads to take a blood or breath test if a
peace officer has probable cause to arrest for an
alcohol driving offense. United States v. Hopp,
943 F. Supp. 1313 (D. Colo. 1996).
Failure to request suppression of test re-
sults is waiver of objection. Where defendant
not only failed to request suppression of the
breath test results but also stipulated to those
results and permitted them to be received in
evidence without objection, he has waived any
right to object on appeal to the admission of this
evidence, absent a showing of plain error. Peo-
ple v. Dee, 638 P.2d 749 (Colo. 1981).
Defective complaint does not bar prosecu-
tion. A complaint charging driving a vehicle
"while under the influence of intoxicating liquor
or drugs," in the disjunctive, is defective in form
only, and an amendment should be allowed to
cure this technical irregularity. People v. Dick-
inson, 197 Colo. 338, 592 P.2d 807 (1979).
Evidence held admissible. Video portion of
movie film taken at the time of arrest, showing
defendant's refusal to take some of the sobriety
tests requested by the police and pictures of his
going through one test, later was admissible in
prosecution for driving under the influence re-
gardless of fact that the sound on the film had
Title 42 - page 437
Regulation of Vehicles and Traffic
42-4-1301
been ordered suppressed by the court because it
revealed that defendant invoked his constitu-
tional right to remain silent. Thompson v. Peo-
ple, 181 Colo. 194, 510 P.2d 311 (1973).
The appellant's erratic driving behavior con-
stituted sufficient probable cause to stop his car.
Thus, the results of the roadside sobriety tests
conducted by a deputy sheriff were validly in-
cluded in the evidence adduced at the hearing
under this section. Stream v. Heckers, 184 Colo.
149, 519 P.2d 336 (1974).
Claim that roadside sobriety test results
should be suppressed from evidence after defen-
dant voluntary consented to performing such
tests is without merit. People v. Lowe, 687 P.2d
454 (1984).
Evidence of refusal to take a blood or breath
test is admissible in evidence at a revocation of
license proceeding or at a trial for driving under
the influence or while ability impaired, and the
effect of subsection (3)(e) is to allow admission
of such evidence in every case without a deter-
mination of relevancy on a case-by-case basis.
Cox v. People, 735 P.2d 153 (Colo. 1987).
Weight of toxicologist's testimony is for
trier of fact The weight of a toxicologist's
testimony for purposes of establishing whether
the defendant was under the influence of intox-
icating liquor in prosecution for vehicular homi-
cide is for the trier of fact. People v. Mascarenas,
181 Colo. 268, 509 P.2d 303 (1973).
Sufficiency of foundation to admit test re-
sults as evidence. Prima facie case for introduc-
tion of intoxilyzer test results is made when
breath testing device is operated by a person
certified to use the device and when it is admin-
istered in accordance with administrative rules
and regulations. Aultman v. Motor Vehicle Div.,
Dept of Rev., 706 P.2d 5 (Colo. App. 1985);
Malone v. Dept. of Rev., 707 P.2d 363 (Colo.
App. 1985).
Introduction of operational checklist and tes-
timony that checklist procedures were followed
establishes a sufficient foundation to allow ad-
mission of breath test results. State does not
have to establish by current inspection and cer-
tification that breath testing device performed
accurately. Aultman v. Motor Vehicle Div.,
Dept of Rev., 706 P.2d 5 (Colo. App. 1985);
Malone v. Dept. of Rev., 707 P.2d 363 (Colo.
App. 1985).
Arresting officer's testimony and police re-
port are prima facie evidence that blood test was
administered in compliance with rules and regu-
lations. Miller v. Motor Vehicle Div., Dept of
Rev., 706 P.2d 10 (Colo. App. 1985).
The failure of the arresting officer to iden-
tify which particular nurse drew driver's
blood and the failure to establish whether such
nurse met the criteria set forth in regulations
went to the weight, rather than the admissibility,
of blood alcohol test results in driver's license
revocation proceeding. Dye v. Charnes, 757 P.2d
1162 (Colo. App. 1988).
The delay in obtaining samples did not
affect the validity or reliability of the test nor
did it affect the admissibility of the test re-
sults. The "reasonable time" limitation is to
ensure that the request for the test is made close
enough in time to the alleged offense that the
results will be relevant in the determination of
defendant's sobriety at the time of the incident.
People v. Emery, 812 P.2d 665 (Colo. App.
1990).
While the timeliness of the blood test may
affect its accuracy, evidence which relates to
the accuracy of a chemical test affects the
weight to be accorded the evidence, rather than
its admissibility. People v. Emery, 812 P.2d 665
(Colo. App. 1990).
No error in hearing officer's ruling that
testing request made one hour and 58 min-
utes after the accident was within a "reason-
able time". Poe v. Dept of Rev., 859 P.2d 906
(Colo. App. 1993).
Admission of Mood test results does not
limit any efforts by the defendant to challenge
the accuracy of the results, or the weight they
are to be given. Nor does it prohibit the jury
from considering any other competent evidence
regarding the inference of intoxication. People
v. Emery, 812 P.2d 665 (Colo. App. 1990).
Evidence held sufficient When the toxicolo-
gist's testimony is considered together with the
testimony of the two investigating officers con-
cerning the alcoholic odor about the defendant
immediately after the accident and the testimony
that defendant was driving on the wrong side of
the road, the evidence of defendant being under
the influence of intoxicating liquor is abundant
and sustains the verdict of guilty of vehicular
homicide. People v. Mascarenas, 181 Colo. 268,
509 P.2d 303 (1973).
Common signs of intoxication and refusal
to take a field sobriety and blood alcohol tests
constitute sufficient evidence to prove that de-
fendant drove while under the influence of al-
cohol. People v. Mersman, 148 P.3d 199 (Colo.
App. 2006).
Odor of alcohol is not inconsistent with
ability to operate a motor vehicle in compli-
ance with Colorado law. People v. Roybal, 655
P.2d 410 (Colo. 1982).
Sufficient facts for reasonable grounds for
implied consent test request The odor of al-
cohol on a driver's breath, coupled with the
position of his vehicle on an interstate highway,
are sufficient facts to constitute reasonable
grounds for an officer to request an implied
consent test Stephens v. State Dept. of Rev., 671
P.2d 1348 (Colo. App. 1983).
Determining whether one is substantially
under influence is jury issue. Given the rebut-
table presumptions, if chemical analysis of a
defendant's blood is taken or other evidence is
42-4-1301
Vehicles and Traffic
Title 42 -page 438
offered, juries of common experience can deter-
mine whether one is substantially under the
influence so as to be incapable of operating a
vehicle safely, as distinguished from merely
driving while ability is impaired. Thompson v.
People, 181 Colo. 194, 510 P.2d 311 (1973).
Jury instruction is too broad where it does
not recognize the two levels of intoxication
created by the general assembly in this section.
Thompson v. People, 181 Colo. 194, 510 P.2d
311 (1973).
A trial court's instruction on the meaning
of "intoxication" is not erroneous where it
states that one drink of an intoxicating liquor
might produce such a mental and physical con-
dition as to render the defendant "under the
influence" of alcohol within the meaning of the
statute. Lanford v. People, 159 Colo. 36, 409
P.2d 829 (1966).
Proper instruction defining "under the in-
fluence". Jury should be instructed that in order
for one to be found guilty of the charge of
"driving while under the influence", the degree
of influence must be substantial so as to render
the defendant incapable of safely operating a
vehicle. Thompson v. People, 181 Colo. 194,
510 P.2d 311 (1973) (decided prior to 1989
enactment of subsection (l)(f)).
It is error for an instruction to be given which
defines "under the influence" as meaning any-
thing from the slightest to the greatest effect.
Thompson v. People, 181 Colo. 194, 510 P.2d
311 (1973) (decided prior to 1989 enactment of
subsection (l)(f)).
The specific statutory provisions of this
section mat contain a mandatory sentencing
scheme for alcohol-related driving offenses and
that provide for extended treatment of the un-
derlying cause of the criminal conduct, prevail
over the general provisions of § 16-11-202.
People v. Martinnillie, 940 P.2d 1090 (Colo.
App. 1996).
Order revoking a driver's license for fail-
ure to submit to a chemical test was not
stayed by a subsequent district court order de-
clining to order return of the license to the driver
but granting him the privilege of driving in the
course of his employment. Donelson v. Colo.
Dept. of Rev., 38 Colo. App. 354, 561 P.2d 345
(1976).
Trial court has no power to award costs to
plaintiff in a case challenging revocation of a
driver's license under this section, because there
is no specific statutory provision allowing for
such an award. Lucero v. Charnes, 44 Colo.
App. 73, 607 P.2d 405 (1980).
Before reviewing court sets aside order of
revocation as arbitrary or capricious, it must
be convinced from the record as a whole that
there is a manifest insufficiency of evidence to
support the department's decision. Davis v.
Colo. Dept. of Rev., 623 P.2d 874 (Colo. 1981).
Driving status of "revoked" continues until
new license obtained. Until a driver complies
with the terms of a denial order and obtains a
new license, his driving status as "revoked" or
"denied" continues. People v. Lessar, 629 P.2d
577 (Colo. 1981).
Expired revocation order continued in ef-
fect until driver's application for license ap-
proved pursuant to § 42-2-124 (2). Donelson
v. Colo. Dept. of Rev., 38 Colo. App. 354, 561
P.2d 345 (1976).
A county court has jurisdiction over the
subject matter of offenses alleged to have
been committed under this section. People v.
Griffith, 130 Colo. 475, 276 P.2d 559 (1954).
The various degrees of intoxication under
this section are all "legal intoxication" for
purposes of § 523(a)(9) of the Bankruptcy
Code. Dougherty v. Brackett, 51 Bankr. 987
(Bankr. D. Colo. 1985).
Categorization of driving under the influ-
ence as a vehicular offense precludes a deter-
mination that general assembly intended to
consider it a drug law offense under the ha-
bitual criminal statute (§ 16-13-101 (3)). Peo-
ple v. Wilczynski, 873 P.2d 10 (Colo. App.
1993).
Definition of "police officer" is not limited
to state, county, or municipal personnel and
the Air Force security police are law enforce-
ment officers who can request testing pursuant
to subsection (6). Eggleston v. Dept. of Rev.
Motor Veh. Div., 895 P.2d 1169 (Colo. App.
1995).
County court judge did not abuse his dis-
cretion nor exceed his authority in resentenc-
ing defendant who was immediately sen-
tenced as provided in subsection (9)(e)(I) after
the judge discovered that, contrary to defen-
dant's representations, defendant had a prior
charge under this section. Walker v. Arries, 908
P.2d 1180 (Colo. App. 1995).
Vehicular homicide while driving under
the influence is grave and serious per se for
purposes of a proportionality review because of
the grave harm caused, the death of a person,
and the culpability of the defendant's conduct,
choosing to drive while intoxicated. People v.
Strock, 252 P.3d 1148 (Colo. App. 2010).
Applied in People v. Oldefest, 192 Colo. 229,
557 P.2d 417 (1976); Rust v. Dolan, 38 Colo.
App. 529, 563 P.2d 28 (1977); People v. Smith,
192 Colo. 271, 579 P.2d 1129 (1978); Tobias v.
State, 41 Colo. App. 444, 586 P.2d 669 (1978);
Zullo v. Charnes, 41 Colo. App. 544, 587 P.2d
1203 (1978); People v. Heinz, 197 Colo. 102,
589 P.2d 931 (1979); Amon v. People, 198 Colo.
172, 597 P.2d 569 (1979); Charnes v. Arnold,
198 Colo. 362, 600 P.2d 64 (1979); Cagle v.
Charnes, 43 Colo. App. 401, 604 P.2d 697
(1979); Butters v. Mince, 43 Colo. App. 89, 605
P.2d 922 (1979); Mince v. Butters, 200 Colo.
501, 616 P.2d 127 (1980); People v. McKnight,
Title 42 - page 439
Regulation of Vehicles and Traffic
42-4-1301
200 Colo. 486, 617 P.2d 1178 (1980); Chames v.
Kiser, 617 R2d 1201 (Colo. 1980); Van Gerpen
v. Peterson, 620 P.2d 714 (1980); Nix v. Tice, 44
Colo. App. 42, 607 P.2d 399 (1980); Harris v.
Charnes, 616 P.2d 996 (Colo. App. 1980);
Zamora v. State Dept. of Rev., 616 P.2d 1003
(Colo. App. 1980); People v. Ensor, 632 P.2d
641 (Colo. App. 1981); People v. Beltran, 634
P.2d 1003 (Colo. App. 1981); Zoske v. People,
625 P.2d 1024 (Colo. 1981); People v. Dooley,
630 P.2d 608 (Colo. 1981); People v.
Mascarenas, 632 P.2d 1028 (Colo. 1981); State
v. Laughlin, 634 P.2d 49 (Colo. 1981); Fish v.
Charnes, 652 P.2d 598 (Colo. 1982); Corr v.
District Court, 661 P.2d 668 (Colo. 1983);
Stieghorst v. Chames, 676 P.2d 1227 (Colo.
App. 1983); Swim v. Chames, 717 P.2d 1016
(Colo. App. 1986); Potier v. Dept. of Rev., 739
P.2d 915 (Colo. App. 1987); Knox v. Motor
Vehicle Div., 739 P.2d 928 (Colo. App. 1987).
EL PRESUMPTIONS.
This section sets up a series of presump-
tions arising from the amount of alcohol in
the blood. Egle v. People, 159 Colo. 217, 411
P.2d 325 (1966).
The limitations of this section shall not
prevent the consideration of any other com-
petent evidence that defendant was under the
influence of intoxicating liquor. Egle v. People,
159 Colo. 217, 411 P.2d 325 (1966).
Subsection (2) authorizes only a permissive
inference that defendant was under the influ-
ence of alcohol. Because of the constitutional
conflicts which arise with the use of presump-
tions in criminal cases and because of the central
purposes behind the legislature's enactment of
the presumption, subsection (2)(c) is properly
construed to authorize only a permissive infer-
ence that the defendant was under the influence
of alcohol. Barnes v. People, 735 P.2d 869
(Colo. 1987).
Instruction which told jurors that they "must
accept the presumption as if it had been factu-
ally established by the evidence" and that they
could reject this presumption only if it was
"rebutted by evidence to the contrary" created a
mandatory and not a permissive presumption
that the petitioner was under the influence of
alcohol. Barnes v. People, 735 P.2d 869 (Colo.
1987).
Both subsection (2) of this section and
§ 18-3-106 (2) permit a jury to infer that a
defendant was under the influence of alcohol
if it finds that the amount of alcohol in his blood
at the time of the commission of the alleged
offense "or within a reasonable time thereafter/'
as shown by chemical analysis of the defen-
dant's blood, is 0.10 percent or more. People v.
Emery, 812 P.2d 665 (Colo. App. 1990).
Subsection (2)(c) is very specific in limiting
the use of its presumption to the
ors of driving any vehicle while under the in-
fluence of intoxicating liquor and driving while
ability is impaired by the consumption of alco-
hol. People v. Davis, 187 Colo. 16, 528 P.2d 251
(1974).
Statutory presumption of subsection (2)(c)
is not applicable to a felony charge under
§ 18-3-106. People v. Davis, 187 Colo. 16, 528
P.2d 251 (1974).
Defendant's ability to attack validity of
presumption that he was driving under the in-
fluence of alcohol when he had a blood alcohol
level of . 10 percent is dependent upon his ability
to attack the accuracy of the machine which
tested his blood alcohol level. Garcia v. District
Court, 197 Colo. 38, 589 P.2d 924 (1979).
The blood alcohol test results are statuto-
rily deemed to relate back to the alleged of-
fense for purposes of applying the statutory
inferences. People v. Emery, 812 P.2d 665
(Colo. App. 1990).
Jury could infer that the defendant was
under the influence at the time of the offense
where the prosecution presented evidence that
approximately three hours after the accident,
defendant's blood alcohol level was above the
statutory percentage. Because the circumstances
at issue permitted the jury to make such infer-
ence, the extrapolation evidence offered to es-
tablish a still higher blood alcohol level was
neither necessary nor relevant and the admission
thereof was harmless error. People v. Emery,
812 P.2d 665 (Colo. App. 1990).
Presumption that defendant was under in-
fluence specifically does not limit the intro-
duction, reception, or consideration of other
competent evidence bearing upon the question
of whether or not a defendant was under the
influence of intoxicating liquor. People v.
Hedrick, 192 Colo. 37, 557 P.2d 378 (1976).
Thus, moving pictures and their sound are
admissible. Moving pictures and their sound,
which are relevant and which allegedly show the
demeanor and condition of a defendant charged
with driving under the influence of either alco-
hol or drugs, taken at the time of the arrest or
soon thereafter, are admissible in evidence even
though they show the defendant's refusal to take
sobriety and coordination tests, when properly
offered in order to show the defendant's demea-
nor, conduct and appearance, and to show why
sobriety and coordination tests were not given.
Lanford v. People, 159 Colo. 36, 409 P.2d 829
(1966).
Even if a defendant objects to the introduc-
tion and admission of movies, they still are to
be admitted, provided that then the trial court
must, at defendant's request, caution the jury as
to the limited purpose of the evidence, and again
at defendant's request, give a limiting instruc-
tion in the general charge for the same purpose.
Lanford v. People, 159 Colo. 36, 409 P.2d 829
(1966).
42-4-1301.1
Vehicles and Traffic
Title 42 -page 440
Evidence of breath analysis results indicat-
ing a level of 0.139 grams of alcohol per 210
liters of breath and testimony of both lay
witness and law enforcement agents that de-
fendant was driving erratically before the
collision and that she exhibited some symp-
toms of being under the influence after the
collision was sufficient to establish that, at the
time of the collision, defendant's physical or
mental capacities had been adversely affected by
her previous consumption of alcohol. People v.
Acosta, 860 P.2d 1376 (Colo. App. 1993).
Jury verdict convicting defendant of driv-
ing under the influence and vehicular assault
while under the influence is not inconsistent
with defendant's acquittal of driving with an
excessive blood or breath alcohol content since
the jury could well have rejected the reliability
of breath tests indicating a level of 0.139 grams
of alcohol per 210 liters of breath to show
beyond a reasonable doubt an excessive level of
alcohol in defendant's breath but could have
concluded that her mental and physical capaci-
ties had been so affected that she had been under
the influence given her admission that she had
consumed at least one and one-half glasses of
wine. People v. Acosta, 860 P.2d 1376 (Colo.
App. 1993).
m. PRIOR CONVICTIONS.
Law reviews. For article, "Joinder of Crim-
inal Charges, Election, Duplicity", see 30 Dicta
117 (1953).
Subsections (1) and (4) of this section do
not create two separate offenses. The obvious
purpose of these statutory provisions is to reg-
ulate the punishment to be imposed upon the
single offense of drunk driving. Righi v. People,
145 Colo. 457, 359 P.2d 656 (1961); Quintana v.
People, 169 Colo. 295, 455 P.2d 210 (1969).
Subsection (4) only intended to increase
punishment for substantive offense. The guilt
of a substantive offense and the proof of prior
convictions are clearly severable. Proof of prior
convictions or the adjudication that the defen-
dant is an habitual criminal do not involve sub-
stantive offenses, but merely provide for in-
creased punishment of those whose prior
convictions fall within the scope of these stat-
utes. The important relation between the pri-
mary offenses and the prior convictions charged
is, therefore, the sentence to be imposed, and the
jury does not participate in that. Righi v. People,
145 Colo. 457, 359 P.2d 656 (1961); Quintana v.
People, 169 Colo. 295, 455 P.2d 210 (1969).
Former convictions must be in separate
counts of the information, and then it appears
to be the accepted practice that when arraign-
ment is had, the defendant be fully advised of
these counts in the information. Heinze v. Peo-
ple, 127 Colo. 54, 253 P.2d 596 (1953);
Quintana v. People, 169 Colo. 295, 455 P.2d 210
(1969).
The use of the proof of convictions of sec-
ond or more offenses cannot obtain until guilt
of the substantive offense on trial is estab-
lished. Heinze v. People, 127 Colo. 54, 253 P.2d
596 (1953); Quintana v. People, 169 Colo. 295,
455 P.2d 210 (1969).
The same jury need not be utilized in both
segments in the prosecution of a drunk driv-
ing charge aggravated by a charge of a prior
conviction within five years. Quintana v. Peo-
ple, 169 Colo. 295, 455 P.2d 210 (1969).
However, proof may be offered to the same
jury if a guilty verdict has been returned on
the substantive count Heinze v. People, 127
Colo. 54, 253 P.2d 596 (1953).
Abuse of discretion to set aside guilty ver-
dict on substantive offense and order another
trial on second count of prior conviction.
Quintana v. People, 169 Colo. 295, 455 P.2d 210
(1969).
When the sole question on remand from an
appellate court involves the proof of an al-
leged prior conviction, there is no reason to
require the parties to retry the question of guilt
of the primary offenses when the correctness of
that determination is not challenged. There is
nothing prejudicial involved in a limited new
trial on the issue of the challenged prior convic-
tion by a jury different from that which tried the
issue of guilt of the primary offenses. Quintana
v. People, 169 Colo. 295, 455 P.2d 210 (1969).
IV. USEFUL PUBLIC SERVICE.
Although the useful public service statute
may not impose specific duties upon a public
employee so as to allow application of the
doctrine of negligence per se, under the facts of
this case, a special relationship between the
sheriff and offender under the program was cre-
ated which brought into existence a duty on the
part of the sheriff to use due care in selecting
entities for whom service would be rendered and
monitoring the offender's work under the pro-
gram. Felger v. Bd. of County Comm'rs, 776
P.2d 1169 (Colo. App. 1989).
42-4-1301.1. Expressed consent for the taking of blood, breath, urine, or saliva
sample - testing. (1) Any person who drives any motor vehicle upon the streets and
highways and elsewhere throughout this state shall be deemed to have expressed such
person's consent to the provisions of this section.
(2) (a) (I) A person who drives a motor vehicle upon the streets and highways and
elsewhere throughout this state shall be required to take and complete, and to cooperate in
Title 42 - page 441 Regulation of Vehicles and Traffic 42-4-1301.1
the taking and completing of, any test or tests of the person* s breath or blood for the purpose
of determining the alcoholic content of the person's blood or breath when so requested and
directed by a law enforcement officer having probable cause to believe that the person was
driving a motor vehicle in violation of the prohibitions against DUI, DUI per se, DWAI,
habitual user, or UDD. Except as otherwise provided in this section, if a person who is
twenty-one years of age or older requests that the test be a blood test, then the test shall be
of his or her blood; but, if the person requests that a specimen of his or her blood not be
drawn, then a specimen of the person's breath shall be obtained and tested. A person who
is under twenty-one years of age shall be entitled to request a blood test unless the alleged
violation is UDD, in which case a specimen of the person's breath shall be obtained and
tested, except as provided in subparagraph (II) of this paragraph (a).
(II) Except as otherwise provided in paragraph (a.5) of this subsection (2), if a person
elects either a blood test or a breath test, the person shall not be permitted to change the
election, and, if the person fails to take and complete, and to cooperate in the completing
of, the test elected, the failure shall be deemed to be a refusal to submit to testing. If the
person is unable to take, or to complete, or to cooperate in the completing of a breath test
because of injuries, illness, disease, physical infirmity, or physical incapacity, or if the
person is receiving medical treatment at a location at which a breath testing instrument
certified by the department of public health and environment is not available, the test shall
be of the person's blood.
(HI) If a law enforcement officer requests a test under this paragraph (a), the person
must cooperate with the request such that the sample of blood or breath can be obtained
within two hours of the person's driving.
(a.5) (I) If a law enforcement officer who requests a person to take a breath or blood
test under paragraph (a) of this subsection (2) determines there are extraordinary circum-
stances that prevent the completion of the test elected by the person within the two-hour
time period required by subparagraph (ID) of paragraph (a) of this subsection (2), the officer
shall inform the person of the extraordinary circumstances and request and direct the person
to take and complete the other test described in paragraph (a) of this subsection (2). The
person shall then be required to take and complete, and to cooperate in the completing of,
the other test.
(II) A person who initially requests and elects to take a blood or breath test, but who
is requested and directed by the law enforcement officer to take the other test because of the
extraordinary circumstances described in subparagraph (I) of this paragraph (a.5), may
change his or her election for the purpose of complying with the officer's request The
change in the election of which test to take shall not be deemed to be a refusal to submit
to testing.
(HI) If the person fails to take and complete, and to cooperate in the completing of, the
other test requested by the law enforcement officer pursuant to subparagraph (I) of this
paragraph (a.5), the failure shall be deemed to be a refusal to submit to testing.
(IV) (A) As used in this paragraph (a.5), "extraordinary circumstances" means cir-
cumstances beyond the control of, and not created by, the law enforcement officer who
requests and directs a person to take a blood or breath test in accordance with this
subsection (2) or the law enforcement authority with whom the officer is employed.
(B) "Extraordinary circumstances" includes, but shall not be limited to, weather-
related delays, high call volume affecting medical personnel, power outages, malfunction-
ing breath test equipment, and other circumstances that preclude the timely collection and
testing of a blood or breath sample by a qualified person in accordance with law.
(C) "Extraordinary circumstances" does not include inconvenience, a busy workload
on the part of the law enforcement officer or law enforcement authority, minor delay that
does not compromise the two-hour test period specified in subparagraph (III) of paragraph
(a) of this subsection (2), or routine circumstances that are subject to the control of the law
enforcement officer or law enforcement authority.
(b) (I) Any person who drives any motor vehicle upon the streets and highways and
elsewhere throughout this state shall be required to submit to and to complete, and to
cooperate in the completing of, a test or tests of such person's blood, saliva, and urine for
the purpose of determining the drug content within the person's system when so requested
42-4-1301.1 Vehicles and Traffic Title 42 - page 442
and directed by a law enforcement officer having probable cause to believe that the person
was driving a motor vehicle in violation of the prohibitions against DUI, DWAI, or habitual
user and when it is reasonable to require such testing of blood, saliva, and urine to
determine whether such person was under the influence of, or impaired by, one or more
drugs, or one or more controlled substances, or a combination of both alcohol and one or
more drugs, or a combination of both alcohol and one or more controlled substances.
(II) If a law enforcement officer requests a test under this paragraph (b), the person must
cooperate with the request such that the sample of blood, saliva, or urine can be obtained
within two hours of the person's driving.
(3) Any person who is required to take and to complete, and to cooperate in the
completing of, any test or tests shall cooperate with the person authorized to obtain
specimens of such person's blood, breath, saliva, or urine, including the signing of any
release or consent forms required by any person, hospital, clinic, or association authorized
to obtain such specimens. If such person does not cooperate with the person, hospital, clinic,
or association authorized to obtain such specimens, including the signing of any release or
consent forms, such noncooperation shall be considered a refusal to submit to testing. No
law enforcement officer shall physically restrain any person for the purpose of obtaining a
specimen of such person's blood, breath, saliva, or urine for testing except when the officer
has probable cause to believe that the person has committed criminally negligent homicide
pursuant to section 18-3-105, C.R.S., vehicular homicide pursuant to section 18-3-106 (1)
(b), C.R.S., assault in the third degree pursuant to section 18-3-204 , C.R.S., or vehicular
assault pursuant to section 18-3-205 (1) (b), C.R.S., and the person is refusing to take or to
complete, or to cooperate in the completing of, any test or tests, then, in such event, the law
enforcement officer may require a blood test.
(4) Any driver of a commercial motor vehicle requested to submit to a test as provided
in paragraph (a) or (b) of subsection (2) of this section shall be warned by the law
enforcement officer requesting the test that a refusal to submit to the test shall result in an
out-of-service order as defined under section 42-2-402 (8) for a period of twenty-four hours
and a revocation of the privilege to operate a commercial motor vehicle for one year as
provided under section 42-2-126.
(5) The tests shall be administered at the direction of a law enforcement officer having
probable cause to believe that the person had been driving a motor vehicle in violation of
section 42-4-1301 and in accordance with rules and regulations prescribed by the depart-
ment of public health and environment concerning the health of the person being tested and
the accuracy of such testing.
(6) (a) No person except a physician, a registered nurse, a paramedic, as certified in
part 2 of article 3.5 of title 25, C.R.S., an emergency medical service provider, as defined
in part 1 of article 3.5 of title 25, C.R.S., or a person whose normal duties include
withdrawing blood samples under the supervision of a physician or registered nurse shall
withdraw blood to determine the alcoholic or drug content of the blood for purposes of this
section.
(b) No civil liability shall attach to any person authorized to obtain blood, breath,
saliva, or urine specimens or to any hospital, clinic, or association in or for which such
specimens are obtained as provided in this section as a result of the act of obtaining such
specimens from any person submitting thereto if such specimens were obtained according
to the rules and regulations prescribed by the department of public health and environment;
except that this provision shall not relieve any such person from liability for negligence in
the obtaining of any specimen sample.
(7) A preliminary screening test conducted by a law enforcement officer pursuant to
section 42-4-1301 (6) (i) shall not substitute for or qualify as the test or tests required by
subsection (2) of this section.
(8) Any person who is dead or unconscious shall be tested to determine the alcohol or
drug content of the person's blood or any drug content within such person's system as
provided in this section. If a test cannot be administered to a person who is unconscious,
hospitalized, or undergoing medical treatment because the test would endanger the person's
life or health, the law enforcement agency shall be allowed to test any blood, urine, or saliva
that was obtained and not utilized by a health care provider and shall have access to that
Title 42 - page 443
Regulation of Vehicles and Traffic
42-4-1301.1
portion of the analysis and results of any tests administered by such provider that shows the
alcohol or drug content of the person's blood, urine, or saliva or any drug content within the
person's system. Such test results shall not be considered privileged communications, and
the provisions of section 13-90-107, C.R.S., relating to the physician-patient privilege shall
not apply. Any person who is dead, in addition to the tests prescribed, shall also have the
person's blood checked for carbon monoxide content and for the presence of drugs, as
prescribed by the department of public health and environment. Such information obtained
shall be made a part of the accident report.
Source: L. 2002: Entire section added with relocations, p. 1907, § 3, effective July 1.
L. 2007: (2)(a) amended and (2)(a.5) added, p. 1022, § 1, effective July 1. L. 2012: (6)(a)
amended, (HB 12-1059), ch. 271, p. 1439, § 25, effective July 1.
Editor's note: (1) This section is similar to former § 42-4-1301 (6), (7)(a), (7)(b), and (7)(c) and
§ 42-2-126 (2)(a)(II) as they existed prior to 2002.
(2) Section 26 of chapter 271, Session Laws of Colorado 2012, provides that the act
subsection (6)(a) applies to acts committed on or after July 1, 2012.
ANNOTATION
I. General Consideration.
n. Implied Consent.
m. Express Consent.
A. Constitutionality.
B. Purpose.
C. Prerequisites to Testing.
D. Testing Requirements.
E. Multiple Samples.
F. Refusal to Take Test.
I. GENERAL CONSIDERATION.
Law reviews. For comment, "The Theory
and Practice of Implied Consent in Colorado'*,
see 47 U. Colo. L. Rev. 723 (1976). For article,
"Review of new Legislation Relating to Crim-
inal Law", see 11 Colo. Law. 2148 (1982). For
article, "The New Colorado Per Se DUI Law",
see 12 Colo. Law. 1451 (1983). For article,
"Drunk Driving Laws: A Study of the Views of
Colorado Trial Judges", see 14 Colo. Law. 189
(1985). For article, "DUI Defense Under the Per
Se Law", see 14 Colo. Law. 2155 (1985). For
comment, "The Constitutionality of Drunk
Driving Roadblocks", see 58 U. Colo. L. Rev.
109 (1986-87). For article, "ADUI Primer", see
16 Colo. Law. 2179 (1987). For comment,
"Greathouse: Has Colorado Abandoned the Pro-
tections of Garcia?", see 59 U. Colo. L. Rev.
351 (1988). For article, "Drinking and Driving:
An Update on the 1989 Legislation", see 18
Colo. Law. 1943 (1989). For article, "A Young
Lawyer's Guide to DUI Suppression Motions",
see 25 Colo. Law. 63 (April 1996).
Annotator's note. (1) Annotations resulting
from cases involving the implied consent law,
which was replaced by the express consent law
in 1983, have been included under this heading
where appropriate and relevant.
(2) Since § 42-4-1301.1 is similar to § 42-
4-1301 as it existed prior to its 2002 amendment
with relocations and § 42-4-1202 as it existed
prior to the 1994 amending of title 42 as enacted
by SB 94-1, relevant cases construing those
provisions have been included in the annotations
to this section.
EL IMPLIED CONSENT.
Annotator's note. The annotations below re-
sulted from cases involving the implied consent
law, which was replaced by the express consent
law in 1983, and have been included for histor-
ical purposes.
This section was known as the "implied
consent law". Colo. Dept of Rev. v. District
Court ex rel. County of Adams, 172 Colo. 144,
470 P.2d 864 (1970).
The implied consent law is constitutional.
People v. Brown, 174 Colo. 513, 485 P.2d 500
(1971), appeal dismissed, 404 U.S. 1007, 92 S.
Ct. 671, 301 L. Ed. 2d (1972); Sweeney v. State
Dept. of Rev., 185 Colo. 116, 522 P.2d 101
(1974).
This section is not unconstitutional as viola-
tive of equal protection. Norsworthy v. Colo.
Dept. of Rev., 197 Colo. 527, 594 P.2d 1055
(1979).
The statutory scheme militates against a stan-
dardless discretion in enforcement and does not
violate equal protection of the laws. Davis v.
Colo. Dept. of Rev., 623 P.2d 874 (Colo. 1981).
The federal constitution does not prohibit the
states from requiring a driver to submit to chem-
ical testing of his blood shortly after a valid
arrest. People v. Gillett, 629 P.2d 613 (Colo.
1981).
This section does not violate constitutional
standards because the statute does not expressly
require an evidentiary hearing on the issue of
any alleged refusal to submit to some form of
test to determine the alcohol content of a driv-
42-4-1301.1
Vehicles and Traffic
Title 42 -page 444
er's breath or blood. The statutory requirement
of a specific averment by the arresting officer
that the driver refused to submit to an appropri-
ate chemical analysis test makes the issue of
refusal a question of fact, permitting the driver
to present evidence contrary to such an aver-
ment and requiring the hearing officer to make a
finding on such a factual issue based on all of
the evidence. DuPuis v. Charnes, 668 P.2d 1
(Colo. 1983).
The failure of the implied consent statute to
provide for a probationary license does not vi-
olate equal protection of the laws. DeScala v.
Motor Vehicle Div., 667 P.2d 1360 (Colo. 1983).
The implied consent law met the constitu-
tional requirements of due process. People v.
Brown, 174 Colo. 513, 485 P.2d 500 (1971),
appeal dismissed, 404 U.S. 1007, 92 S. Ct. 671,
301 L. Ed. 2d 656 (1972).
Probable cause is required before test may
be administered. People v. Grassi, 192 P.3d 496
(Colo. App. 2008).
The implied consent law gave rights which
were greater than those required by due pro-
cess. It specifically provided that at the time of
the request to take the test, the officer shall
inform the licensee orally and in writing "of his
rights under the law and the probable conse-
quences of refusal to submit to such a test'*.
Vigil v. Motor Vehicle Div., 184 Colo. 142, 519
P.2d 332 (1974).
Reason implied consent statute enacted.
The implied consent statute was enacted to as-
sist in the prosecution of the drinking driver.
Calvert v. State Dept. of Rev., 184 Colo. 214,
519 P.2d 341 (1974); People v. Carlson, 677
P.2d 310 (Colo. 1984).
The implied consent law was enacted to assist
law enforcement officers in prosecuting the
drinking driver. Zahtila v. Motor Vehicle Div.,
39 Colo. App. 8, 560 P.2d 847 (1977).
Purpose of revocation penalty. To encour-
age the suspected drunk driver to take a blood-
alcohol test voluntarily, the implied consent stat-
ute imposed an automatic revocation penalty,
with very few exceptions, on those who refused
to take the test. Calvert v. State Dept. of Rev.,
184 Colo. 214, 519 P.2d 341 (1974).
Written notice required. Former subsection
(3)(b) required that the "person arrested" be
given an explanation, in written form, of his
rights and the probable consequences of refus-
ing to submit to a test, in order that he may read
and study the same before having to make a
decision. Cantrell v. Weed, 35 Colo. App. 180,
530 P.2d 986 (1974); Cooper v. Nielson, 687
P2d 541 (Colo. App. 1984) (decided under sub-
section (3) prior to 1983 repeal and reenact-
ment).
Such notice must be physically offered to
licensee at time of test Under former subsec-
tion (3)(b) notice in writing had to be physically
handed or offered to the licensee contemporane-
ously with or prior to the officer's request for the
sobriety test. Cantrell v. Weed, 35 Colo. App.
180, 530 P.2d 986 (1974).
Merely affording driver the opportunity to
"read along" while the officer orally recited the
form containing written notice of the conse-
quences of refusal to submit to test was not
sufficient to constitute written notice under for-
mer subsection (3)(b). Cantrell v. Weed, 35
Colo. App. 180, 530 P.2d 986 (1974).
Where the arresting officer testified unequiv-
ocally that he read the advisement form to the
plaintiff and offered him the opportunity to read
it for himself, but that the plaintiff refused to do
so, the evidence was sufficient to support a
hearing examiner's finding that the plaintiff was
properly advised under former subsection
(3)(b). Gilbert v. Dolan, 41 Colo. App. 173, 586
P.2d 233 (1978).
How warning should be phrased. The warn-
ing under former subsection (3)(b) had to be
phrased so that a person of normal intelligence
would understand the consequences of his ac-
tions. Calvert v. State Dept. of Rev., 184 Colo.
214, 519 P.2d 341 (1974).
What licensee to be informed of. The im-
plied consent law required that the licensee be
informed of both the hearing and the possibility
of the revocation of the license. Vigil v. Motor
Vehicle Div., 184 Colo. 142, 519 P.2d 332
(1974).
A licensee was advised of the "probable con-
sequences of refusal" under former subsection
(3)(b) if he was informed that his license
"might" be revoked. Hall v. Charnes, 42 Colo.
App. Ill, 590 P.2d 516 (1979).
Where the motorist was given the Miranda v.
Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed.
2d 694, 10 A.L.R.3d 974 (1966) warnings and
he manifested his desire to call his attorney
before deciding whether or not to submit to the
test, but was not told that he had no such right,
under these circumstances, the motorist should
have been advised that the right to remain silent
does not include the right to refuse to submit to
the test or the right to prior consultation with an
attorney. Calvert v. State Dept. of Rev., 184
Colo. 214, 519 P.2d 341 (1974).
The fact that the defendant was handcuffed
and could neither touch nor feel the implied
consent form when it was read to him was of no
consequence where it was placed in such a
position that he could, if he so desired, read it,
and he was given the form as soon as practicable
when his handcuffs were removed. Herren v.
Motor Vehicle Div., 39 Colo. App. 146, 565 P.2d
955 (1977).
Officer was not required to orally advise a
driver of his rights prior to a second request to
submit to a blood alcohol test which was accom-
panied by a written advisement of the driver's
rights. Bowker v. Charnes, 679 P.2d 1119 (Colo.
App. 1984).
Title 42 - page 445
Regulation of Vehicles and Traffic
42-4-1301.1
Notice requirements of former subsection
(3)(b) were not violated by the fact that the
advisement form read by an arresting officer to
one stopped for suspicion of driving while in-
toxicated did not state that an individual could
refuse to submit to a test if it would be medically
inadvisable for him to do so or if the test to be
given would not conform to the rules and regu-
lations prescribed by the state board of health.
Zinn v. Dolan, 41 Colo. App. 370, 588 P.2d 389
(1978).
The only valid justifications in the implied
consent law for refusing the test are either that
it was medically inadvisable for the licensee or
that the test would not be given in compliance
with proper health standards. Vigil v. Motor
Vehicle Div., 184 Colo. 142, 519 P.2d 332
(1974).
The implied consent law applied only to the
misdemeanor offense of driving under the
influence of intoxicating liquor as defined in
this section. People v. Sanchez, 173 Colo. 188,
476 P.2d 980 (1970).
The consent provision of this section applied
only to misdemeanor offenses and not to felo-
nies. People v. Acosta, 620 P.2d 55 (Colo. App.
1980).
One charged with felony could not claim
consent to test was statutorily or constitution-
ally required. Inasmuch as this section did not
extend to felonies, a defendant charged with the
felony of causing injury while driving under the
influence of intoxicating liquor could not claim
any statutory right to refuse to take a breatha-
lyzer test Since consent was neither statutorily
nor constitutionally required, it was immaterial
whether such defendant was inadequately ad-
vised or whether his consent was uninformed.
People v. Sanchez, 173 Colo. 188, 476 P.2d 980
(1970).
One could not be compelled to take a road-
side sobriety test against one's wishes. People
v. Helm, 633 P.2d 1071 (Colo. 1981).
Other Jurisdictions, with similar implied
consent laws, have unanimously found their
statutes to be merely permissive and not man-
datory. People v. Culp, 189 Colo. 76, 537 P.2d
746 (1975).
m. EXPRESS CONSENT.
Annotator's note. Annotations resulting
from cases involving the implied consent law,
which was replaced by the express consent law
in 1983, have been included under this heading
where appropriate and relevant.
A. Constitutionality.
Law reviews. For article, "One Year Review
of Constitutional and Administrative Law**, see
36 Dicta 11 (1959).
There is no constitutionally guaranteed il-
limitable right to drive upon highways. Peo-
ple v. Brown, 174 Colo. 513, 485 P.2d 500
(1971), appeal dismissed, 404 U.S. 1007, 92 S.
Q. 671, 301 L. Ed. 2d 656 (1972).
State's exercise of police power. An indi-
vidual's right to use the public highways of this
state is an adjunct of the constitutional right to
acquire, possess, and protect property, yet such a
right may be limited by a proper exercise of the
police power of the state based upon a reason-
able relationship to the public health, safety, and
welfare. People v. Brown, 174 Colo. 513, 485
P.2d 500 (1971), appeal dismissed, 404 U.S.
1007, 92 S. Ct. 671, 301 L. Ed. 2d 656 (1972).
There is no constitutional right to refuse to
surrender blood for a chemical analysis to
determine its alcohol content. People v. Brown,
174 Colo. 513, 485 P.2d 500 (1971), appeal
dismissed, 404 U.S. 1007, 92 S. Ct 671, 301 L.
Ed. 2d 656 (1972).
This section does not violate equal protec-
tion. A rational basis exists for the statute's
differential treatment of individuals who receive
medical treatment at locations without breath
testing equipment because providing such indi-
viduals with the option of choosing a breath test
would cause delays in obtaining test samples.
These delays would substantially hinder the
state's legitimate public safety interest in secur-
ing timely alcohol test results for individuals
suspected of driving while intoxicated Evans v.
Dept of Rev., 159 P.3d 769 (Colo. App. 2006).
This section is not unconstitutionally
vague. The words and phrases of this section are
readily comprehensible to persons of ordinary
intelligence without further definition. The stat-
ute, in sufficiently clear terms, provides indi-
viduals with fair warning as to the circum-
stances under which a choice of tests is, and is
not, available. Evans v. Dept. of Rev., 159 P.3d
769 (Colo. App. 2006).
The right to refuse a blood test under the
implied consent (now express consent) law is
a statutory right only and as such is subject to
the sanction of possible suspension of one's
driver's license. People v. Brown, 174 Colo.
513, 485 P.2d 500 (1971), appeal dismissed, 404
U.S. 1007, 92 S. Ct 671, 301 L. Ed. 2d 656
(1972).
Right to refuse. Statutory, not constitutional,
law provides the basis for determining whether
there is any requirement that a motorist alleged
to have violated drunk driving statute must be
advised of right to refuse or to choose a type of
blood alcohol test. Moreover, no such statutorily
required advisement exists. Brewer v. Motor
Vehicle Div., Dept of Rev., 720 P.2d 564 (Colo.
1986); Smith v. Charnes, 728 P.2d 1287 (Colo.
1986); Evans v. Dept. of Rev., 159 P.3d 769
(Colo. App. 2006).
Miranda warnings are not required before
the administration of a roadside sobriety test.
People v. Helm, 633 P.2d 1071 (Colo. 1981);
People v. Lowe, 687 R2d 454 (Colo. 1984).
42-4-1301.1
Vehicles and Traffic
Title 42 -page 446
A motorist does not have a constitutional
right to talk with an attorney before choosing
whether to submit to the test. Calvert v. State
Dept. of Rev., 184 Colo. 214, 519 P.2d 341
(1974).
Driver was not prejudiced by the failure of
arresting officer to warn him that he had no right
to counsel under this statute. Sauer v. Heckers,
34 Colo. App. 217, 524 P.2d 1387 (1974).
There was no duty to advise defendant that he
had no right to counsel prior to deciding whether
to permit a chemical test of his blood where he
was given an opportunity to make a phone call
and despite defendant's confusion between his
fifth amendment rights to counsel and his rights
under the implied consent law. Washington v.
Dolan, 38 Colo. App. 414, 557 P.2d 1223
(1976).
A motorist has no right under the Colorado
implied consent (now express consent) law to
confer with counsel prior to deciding whether to
consent to a chemical test. Drake v. Colo. Dept.
of Rev., 674 P.2d 359 (Colo. 1984).
Failure to submit to test because wanting
attorney is refusal. Generally, when a suspect
does not submit to the test because he wants to
talk to his attorney before deciding whether to
take the test, it is deemed a refusal as a matter of
law. Drake v. Colo. Dept. of Rev., 674 P.2d 359
(Colo. 1984).
It is generally true that when a suspect does
not submit to the test under this section because
he requests to call his attorney first, this is
deemed a "refusal" as a matter of law. Calvert v.
State Dept. of Rev., 184 Colo. 214, 519 P.2d 341
(1974).
Taking of blood not violation of privilege
against self-incrimination. The privilege
against self-incrimination protects an accused
only from being compelled to testify against
himself, or otherwise provide the state with
evidence of a testimonial or communicative na-
ture, and the withdrawal of blood and use of the
analysis in a case does not involve compulsion
to these ends. People v. Brown, 174 Colo. 513,
485 P.2d 500 (1971), appeal dismissed, 404 U.S.
1007, 92 S. Q. 671, 301 L. Ed. 2d 656 (1972).
Privilege against self-incrimination does
not extend to results obtained from roadside
sobriety test. Such a test does not contravene
the privilege by requiring the subject to divulge
any knowledge he might have; the fact that the
subject's guilt may be inferred from the results
of the test goes to the probity of the testing
method, not to its character as a supposed con-
fession surrogate. People v. Ramirez, 199 Colo.
367, 609 P.2d 616 (1980).
Statutory changes not impermissible under
constitution. The deletion of a provision for the
offense of driving while ability is impaired by
alcohol, and the amendments made and adopted
relating to implied consent during the course of
legislative proceedings, amending what is now
§ 42-4-1202, did not amount to an impermissi-
ble change in the purpose of the original bill so
as to violate § 17 of art. V, Colo. Const. People
v. Brown, 174 Colo. 513, 485 P.2d 500 (1971),
appeal dismissed, 404 U.S. 1007, 92 S. Ct. 671,
301 L. Ed. 2d 656 (1972).
Constitutional prohibition of unlawful
searches and seizures and constitutional priv-
ilege against self-incrimination are not vio-
lated when police officer requires driver to sub-
mit to a blood or breath test. People v. Bowers,
716 P.2d 471 (Colo. 1986).
Taking of blood is not unreasonable search
and seizure. Although it has been determined
that the taking of blood is an intrusion of the
person and a search within the meaning of the
state and federal constitutions, such is not an
unreasonable search and seizure violative of the
fourth amendment or § 7 of art. n, Colo. Const.
People v. Brown, 174 Colo. 513, 485 P. 2d 500
(1971), appeal dismissed, 404 U.S. 1007, 92 S.
Ct. 671, 301 L. Ed. 2d 656 (1972).
A search warrant is not required prior to
taking the tests. Stream v. Heckers, 184 Colo.
149, 519 P.2d 336 (1974).
Taking of blood held reasonable search.
Notwithstanding the fact that the blood extrac-
tion for the purpose of administering blood-
alcohol test took place in a nonmedical environ-
ment without a doctor or nurse present, where a
record reveals that a highly qualified and expe-
rienced medical technologist took the blood
sample in conformity with the department of
health regulations and with no infringement
upon the personal dignity of the defendant, the
taking was well within the ambit of a reasonable
search. People v. Mari, 187 Colo. 85, 528 P.2d
917 (1974).
Denial of motion to suppress results of al-
cohol blood test taken without consent as
unlawful search and seizure affirmed. People
v. Smith, 175 Colo. 212, 486 P.2d 8 (1971).
Notice through publication of statutes is
sufficient The requirements of due process in
relation to the warnings under subsection (3) are
satisfied by the notice which is given licensees
through publication of the statutes. Vigil v. Mo-
tor Vehicle Div., 184 Colo. 142, 519 P.2d 332
(1974).
Notice given licensees through publication
of express consent statute satisfies due pro-
cess; licensee is presumed to know law regard-
ing operation of motor vehicles, including con-
sequences of refusing request for chemical
testing. Dikeman v. Charnes, 739 P.2d 870
(Colo. App. 1987).
Driver was not entitled to advisement of con-
sequences of refusing chemical test to determine
blood alcohol level before he was requested by
officer to submit to test. Dikeman v. Charnes,
739 P.2d 870 (Colo. App. 1987).
A person who has a license to operate a
motor vehicle on the public highways is pre-
Title 42 - page 447
Regulation of Vehicles and Traffic
42-4-1301.1
sumed to know the law regarding his use of the
public highways. Vigil v. Motor Vehicle Div.,
184 Colo. 142, 519 P.2d 332 (1974).
Failure to warn a driver that evidence of
his refusal to take Mood or breath test may be
used against him at trial coupled with the
subsequent use of the evidence at trial does not
violate due process under the federal or state
constitutions. Moreover, a refusal to take a
blood or breath test is not compelled testimony
entitled to protection under the state constitu-
tion. Cox v. People, 735 P.2d 153 (Colo. 1987).
Fundamental fairness does not require that
officers inform suspects of the evidentiary
effect of a decision whether to perform road-
side sobriety maneuvers when constitutional
rights or statutory consequences are not impli-
cated by the choice. McGuire v. People, 749
P.2d 960 (Colo. 1988).
B. Purpose.
itive burden. The implied
consent (now express consent) law provides the
state with an easily administered, reliable
method of proving intoxication in a driving un-
der the influence case and also provides for a
simple administrative remedy for revoking the
driver's license of an arrested person who re-
fuses to submit to a test. People v. Culp, 189
Colo. 76, 537 P.2d 746 (1975).
Tests not required to prove intoxication. In
prosecution for driving while under the influ-
ence of intoxicating liquor, chemical tests are
neither necessary nor required to prove intoxi-
cation. People v. Culp, 189 Colo. 76, 537 P.2d
746 (1975).
Evidence apart from blood alcohol tests may
in and of itself be sufficient to establish guilt in
a drunk driving prosecution. Garcia v. District
Court, 197 Colo. 38, 589 P.2d 924 (1979).
Language of subsection (2)(d) negates the
defendant's claim that he must be advised of
the existence of the implied consent (now
express consent) law and his rights thereunder,
including his right to refuse to take the chemical
test and his right to know the consequences
thereof, before he can be charged with driving
while intoxicated. People v. Culp, 189 Colo. 76,
537 P.2d 746 (1975).
C. Prerequisites to Testing.
Due process principles do not require the
state to offer a chemical test to the motorist
before charging him with driving while under
the influence of intoxicating liquors. People v.
Culp, 189 Colo. 76, 537 P.2d 746 (1975).
There is nothing in subsection (3) which re-
quires that a person must be given an opportu-
nity to take a chemical test before he can be
charged with driving under the influence. People
v. Culp, 189 Colo. 76, 537 P.2d 746 (1975).
The people have no duty to give the defendant
any chemical test. People v. Hedrick, 192 Colo.
37, 557 P.2d 378 (1976).
The implied consent (now express consent)
law neither requires the arresting officer to re-
quest a chemical test nor does it grant the driver
an independent right to a test in the absence of
the arresting officer's invocation of the statute.
People v. Gillett, 629 P.2d 613 (Colo. 1981).
Probable cause is required before test may
be administered. This includes a test adminis-
tered to an unconscious person under subsection
(8). People v. Grassi, 192 P.3d 496 (Colo. App.
2008).
Probable cause justifies test prior to arrest
and without permission. A urine sample that is
taken prior to a defendant's arrest and without
his permission is not a violation of defendant's
constitutional rights so long as the facts estab-
lish probable cause to make such arrest at the
time the sample is taken. People v. Kokesh, 175
Colo. 206, 486 P.2d 429 (1971).
Particularly, where necessity requires im-
mediate test Where defendant was charged
with felony of causing an injury while driving
under the influence of intoxicating liquor, and
necessity required an immediate breathalyzer
test to prevent destruction of the evidence, held,
under the circumstances a warrant was not re-
quired, nor was consent of defendant necessary
under fourth amendment to United States con-
stitution in order to administer breathalyzer test.
People v. Sanchez, 173 Colo. 188, 476 P.2d 980
(1970).
Consent is not a prerequisite to the perfor-
mance of a chemical test to determine the alco-
hol content of a defendant's blood when the
offense charged is a felony. People v.
Deadmond, 683 P.2d 763 (Colo. 1984).
Meaning of "arrest**. The arrest referred to
in this section constitutes detention by an officer
such that the driver is in custody and obviously
not free to leave of his own volition. Ayala v.
Colo. Dept. of Rev., 43 Colo. App. 357, 603 P.2d
979 (1979).
Driving. Person who was in the driver's seat
of an automobile which had its motor running
and its parking lights on and which was located
in a private parking lot was in actual physical
control of the automobile and thus was driving a
motor vehicle. Therefore, refusal to consent to
testing violates the "express consent" provision
of this section. Motor Vehicle Div. v. Warman,
763 P.2d 558 (Colo. 1988).
Person seated behind a steering wheel with
the seat belt fastened with the key in the ignition
turned to "on", even though the car is not
running, is driving a motor vehicle. Caple v.
Dept. of Rev., 804 P.2d 873 (Colo. App. 1990).
Arrest is condition precedent to Mood al-
cohol test request A defendant who had not
been "arrested" before implementation of the
implied consent (now express consent) proce-
42-4-1301.1
Vehicles and Traffic
Title 42 - page 448
dure could not have his driver's license revoked
for three months for failure to take a blood
alcohol test because an arrest is a condition
precedent to the state's request that a driver
submit to a blood alcohol test. Humphrey v.
Motor Vehicle Div., 674 P.2d 987 (Colo. App.
1983).
Consent is implied only if driver is ar-
rested. Arnold v. Charnes, 41 Colo. App. 338,
589 P.2d 1373 (1978), rev'd on other grounds,
198 Colo. 362, 600 P.2d 64 (1979).
An arrest must precede any request that a
driver submit to a blood alcohol test. Ayala v.
Colo. Dept. of Rev., 43 Colo. App. 357, 603 P.2d
979 (1979); O'Rourke v. Motor Veh. Div., Dept.
of Rev., 735 P.2d 207 (Colo. App. 1987).
A roadside sobriety test can only be admin-
istered when there is probable cause to arrest
the driver for driving under the influence of, or
while his ability is impaired by, intoxicating
liquor or other chemical substance, or when the
driver voluntarily consents to perform the test.
People v. Carlson, 677 P.2d 310 (Colo. 1984).
No new probable cause and arrest are nec-
essary at time driver is requested to provide a
urine sample for drug testing; same probable
cause that supported arrest on suspicion of driv-
ing under the influence of some substance is
sufficient. Halter v. Dept. of Rev., 857 P.2d 535
(Colo. App. 1993).
Once probable cause exists to arrest driver
on suspicion of driving under the influence
and test for presence of alcohol is negative, it
is reasonable to require driver to submit to test-
ing for presence of drugs where driver continues
to exhibit evidence of intoxication. Halter v.
Dept. of Rev., 857 P.2d 535 (Colo. App. 1993).
Officer is not authorized to request and to
direct an arrested driver to submit to testing
absent probable cause for the DUI arrest and,
by implication, absent reasonable suspicion for
the initial stop. Peterson v. Tipton, 833 P.2d 830
(Colo. App. 1992).
Reliance on valid arrest Officer requesting
blood test can rely on information of fellow
officer in determining that a valid arrest has been
made for purposes of the express consent stat-
ute. Sanger v. Colo. Dept. of Rev., 736 P.2d 431
(Colo. App. 1987).
Officer may originally arrest for moving
violation. There is no proscription in this sec-
tion against an officer first making an arrest for
a moving violation, and then, if reasonable
grounds exist to believe that the person driving
is also under the influence of alcohol, personally
or by fellow officer, instituting the procedures
under the implied consent (now express con-
sent) act. Renck v. Motor Vehicle Div., 636 P.2d
1294 (Colo. App. 1981).
Statute does not require police officers to
ask for a defendant's consent prior to pro-
ceeding with a constitutionally proper, invol-
untary blood draw following a suspected ve-
hicular assault Section 18-3-205 (4)(a) allows
a police officer to perform blood tests on a driver
without his or her consent if the officer has
probable cause to believe the driver has com-
mitted vehicular assault under the influence of
alcohol or drugs. People v. Smith, 254 P.3d 1 158
(Colo. 2011).
D. Testing Requirements.
A field test on a portable breath testing
device given to the suspect prior to arrest did not
constitute a chemical test within the meaning of
the express consent statute, and so a revocation
for refusal to submit to additional testing is
supported. Davis v. Carroll, 782 P.2d 884 (Colo.
App. 1989).
Purpose of board of health regulation. The
regulation of the board of health as to taking
tests under this section — outside of those de-
signed to prevent injury to and to preserve the
health of the individual — are designed for inter-
nal operating procedure and not for the defen-
dant. People v. Hedrick, 192 Colo. 37, 557 P.2d
378 (1976).
Regulations promulgated pursuant to this
section apply only to offenses charged under it
and not to felonies charged under § 18-3-106.
People v. Acosta, 620 P.2d 55 (Colo. App.
1980); People v. Nhan Dao Van, 681 P.2d 932
(Colo. 1984).
Provisions of former subsection (3)(b)(I)
(currently subsection (7)(b)(I)) regarding the
foundation to admit test results apply to revo-
cation proceedings under § 42-2-122.1. Siddall
v. Dept. of Rev., 843 P.2d 85 (Colo. App. 1992).
The provisions of former subsection
(3)(b)(I) (currently subsection (7)(b)(I» do
not establish any minimum foundational re-
quirements for the admissibility of test results
at criminal trials or revocation hearings, but
rather indicate that if the department of revenue
chooses to introduce a manufacturer's or suppli-
er's certificate of compliance for a test kit, such
certificate shall constitute a sufficient eviden-
tiary foundation. Siddall v. Dept. of Rev., 843
P.2d 85 (Colo. App. 1992); Thomas v. People,
895 P.2d 1040 (Colo. 1995) (decided under for-
mer § 42-4-1202.2 as it existed prior to the
1994 recodification of title 42).
Results of breathalyzer test were admissi-
ble in DUI proceeding where prima facie
showing was made that testing device was in
proper working order and was properly operated
by qualified person and that test was adminis-
tered in substantial compliance with department
of health regulations. Thomas v. People, 895
P.2d 1040 (Colo. 1995) (decided under former
§ 42-4-1202 as it existed prior to the 1994
recodification of title 42).
Failure to provide certification documents
as to breath test instruments went to weight of
breath test results and not to their admissibility.
Title 42 - page 449
Regulation of Vehicles and Traffic
42-4-1301.1
Thomas v. People, 895 P.2d 1040 (Colo. 1995)
(decided under former § 42-4-1202 as it existed
prior to the 1994 recodification of title 42).
Even when the breath test is not performed
in strict compliance with board of health
rules, the results of such test are admissible so
long as the proponent of the evidence lays a
foundation which satisfies the court that the test
is reliable. People v. Bowers, 716 P.2d 471
(Colo. 1986); Thomas v. People, 895 P.2d 1040
(Colo. 1995) (decided under former § 42-4-
1202.2 as it existed prior to the 1994 recodifi-
cation of title 42).
The "under supervision'" clause in former
subsection (3)(b) (currently subsection (7)(b))
is read as referring to any "normal duties"
and not as a requirement that the supervision be
present at the time the technician withdraws the
blood. People v. Mari, 187 Colo. 85, 528 P.2d
917 (1974).
Former subsection (3)(b) (currently sub-
section (7)(b)> is not read to require on-the-
spot supervision. On the contrary, if one's nor-
mal duties as a medical technologist include
withdrawing blood samples while under the su-
pervision of a physician or registered nurse, he
qualified notwithstanding the fact that supervi-
sion was not present at this time. People v. Mari,
187 Colo. 85, 528 P.2d 917 (1974).
Effect of failure to apprise driver of sub-
stance of former subsection (3)(b) (currently
subsection (7)(b)) provision. The provision of
this section limiting the withdrawal of blood to
qualified medical personnel is not of sufficient
importance that an arresting officer's failure to
apprise a driver of its substance immunizes the
driver from the consequences of his refusal to
submit to any chemical sobriety testing. Shiarla
v. State, 40 Colo. App. 320, 576 P.2d 193
(1978).
Test to be taken with reasonable prompt-
ness. In order to obtain a valid test it is neces-
sary that it be accomplished with reasonable
promptness before the evidence dissipates. Peo-
ple v. Dee, 638 P.2d 749 (Colo. 1981).
Where delay in consenting to test While a
motorist has no right under the statute to confer
with counsel prior to deciding whether he will
consent to a test, where he is permitted to do so,
thereafter consents to the test, and the officer is
available to see that the test is administered, the
primary purpose of the statute is fulfilled unless
the delay will materially affect the result of the
test. Zahtila v. Motor Vehicle Div., 39 Colo.
App. 8, 560 P.2d 847 (1977).
Submitting to a chemical test six hours after
an arrest is not sufficient compliance with this
section. Cooper v. Dir. of Dept. of Rev., 42 Colo.
App. 109, 593 P.2d 1382 (1979).
Burden on driver to tell officer which test
driver is willing to take. When an arresting
officer offers a driver his statutorily required
choice between blood or breath testing, burden
is on the driver to tell officer which test he is
willing to take. Shumate v. Dept of Rev., 781
P.2d 181 (Colo. App. 1989).
Officer must comply with driver's request
for blood test Former subsection (3) (currently
subsection (7)) requires that when an arresting
officer invokes the sanctions of the implied con-
sent (now express consent) law by requesting a
driver to submit to chemical testing, the officer
has a corresponding duty to comply with the
driver's request for a blood test. People v.
Gillett, 629 P.2d 613 (Colo. 1981).
Inability of officer to accommodate driv-
er's request for blood test does not constitute
good cause. An officer's denial of a driver's
right to select a blood test to measure sobriety
because the ambulance service retained by the
sheriff's office to draw blood was unavailable
was not a denial for good cause under the ex-
press consent law. Riley v. People, 104 P.3d 218
(Colo. 2004).
Weather-caused delays and high-call vol-
ume, however, do not require the case to be
dismissed. The police department had adequate
protocol for administering requested blood test,
but arresting office could not obtain the test
within the required two-hour period because of
extraordinary circumstances beyond his control.
The court, therefore, abused its discretion by
dismissing the charges. Turbyne v. People, 151
P.3d 563 (Colo. 2007).
Prosecution must present evidence that ex-
traordinary or "non-routine" circumstances
prevented medical personnel from respond-
ing to law enforcement's request for a Mood
test In the absence of such evidence, defen-
dant's right to receive a blood test violated.
People v. Null, 233 P.3d 670 (Colo. 2010).
Trial court acted within its discretion when it
suppressed evidence of defendant's refusal to
take a breath test after medical personnel failed
to respond to administer a blood test and when it
dismissed the DUI charge. People v. Null, 233
P.3d 670 (Colo. 2010).
"[MJedical treatment" in subsection
(2)(a)(I) is an affirmative event involving the
application of medical expertise. An examina-
tion by a doctor and a nurse would meet this
definition. Brodak v. Visconti, 165 P.3d 896
(Colo. App. 2007).
Because driver was receiving medical treat-
ment at a hospital where breath testing was not
available, arresting officer properly required him
to take a blood test. Brodak v. Visconti, 165 P.3d
896 (Colo. App. 2007).
Arresting officer, not driver, has right to
choose which test will be taken to determine
the presence of drugs. Stanger v. Dept. of Rev.,
780 P.2d 64 (Colo. App. 1989).
This section requires taking of test, not
merely consenting to it and then partially taking
the test, and a test that is sabotaged by the
actions of the person tested is of the same legal
42-4-1301.1
Vehicles and Traffic
Title 42 -page 450
effect as no test at all. Baker v. State Dept. of
Rev., 42 Colo. App. 133, 593 P.2d 1384 (1979).
Under express consent provisions of for-
mer subsection (3) (currently subsection (7)),
driver's failure to provide urine sample for
drug test manifested noncooperation and un-
willingness to take the test where more than
two hours had elapsed since sample was re-
quested, nearly four hours had elapsed between
traffic stop and notice of revocation, driver was
given several drinks of water, and driver pre-
sented no evidence of a medical condition which
would affect his ability to provide requisite sam-
ple. Halter v. Dept. of Rev., 857 P.2d 535 (Colo.
App. 1993).
Right of refusal of test subject to sanction
of license suspension. Under the implied con-
sent statute, the general assembly granted to the
driver the right to refuse to take the chemical
test, which refusal had to be honored by the
arresting officer. Such right of refusal, of course,
was subject to the sanction of suspension of
one's operator's license. People v. Sanchez, 173
Colo. 188, 476 P.2d 980, (1970).
Test results not admissible and revocation
vacated. Verification on notice form used in
driver's license revocation proceeding under ex-
press consent statute did not by its terms extend
to other documents required to be submitted in
arresting officer's report, and thus where docu-
ment purporting to identify person who drew
defendant's blood for blood test was not itself
verified, and where no testimony was presented
which identified that person as one authorized
by regulation to perform test, the test results
were inadmissible and the trial court did not err
in vacating order revoking driver's license.
Forvilly v. State Dept. of Rev., 730 R2d 888
(Colo. App. 1986).
Lack of evidence concerning police offi-
cer's certification to conduct an intoxilyzer
test does not automatically invalidate result of
that test, notwithstanding fact that result of in-
dependent test differed from result of test con-
ducted by police officer. Colo. Dept. of Rev. v.
McBroom, 753 R2d 239 (Colo. 1988).
Administration of test held not to violate
defendant's dignity. People v. Dee, 638 P.2d
749 (Colo. 1981).
Driver whose license was revoked for fail-
ure to provide urine sample for drug test was
not denied equal protection under this section
which does not provide for alternative types of
drug testing in the event of physical impairment.
Halter v. Dept. of Rev., 857 P.2d 535 (Colo.
App. 1993).
Normally, court must find consent given
before test results admitted over defendant's
objection. Where an objection is made by a
defendant to the introduction into evidence of
the results of a blood alcohol test on the ground
that the test was taken without his consent, the
trial court, after hearing, must make a specific
and affirmative finding that such consent was
given before this line of testimony may with
propriety be submitted to the jury for its consid-
eration. Compton v. People, 166 Colo. 419, 444
P.2d 263 (1968).
Under express consent provisions of sub-
section (7), when a driver makes the required
election between testing options, an arresting
officer has a duty to implement the method
initially elected. Lahey v. Dept. of Rev., 881
P.2d 458 (Colo. App. 1994).
A driver's election between testing options
is irrevocable and the arresting officer lacks
discretion to allow an arrested driver to change
the testing option elected. Lahey v. Dept. of
Rev., 881 P.2d 458 (Colo. App. 1994); People v.
Shinaut, 940 P.2d 380 (Colo. 1997).
Erroneous accommodation of defendant's
request to change type of test administered
does not warrant the sanction of excluding the
test results. People v. Shinaut, 940 P.2d 380
(Colo. 1997).
E. Multiple Samples.
There are no Colorado statutes which re-
quire that two samples be taken or that a
sample be preserved. People v. Hedrick, 192
Colo. 37, 557 P.2d 378 (1976).
Single breath sample insufficient reason to
suppress test results. Suppression of the test
results is not required where only one breath
sample was taken from each of the defendants.
People v. Riggs, 635 P.2d 556 (Colo. 1981).
There is no duty on the state to give to the
defendant any more than the results of the
test People v. Hedrick, 192 Colo. 37, 557 P.2d
378 (1976).
Test results admissible. Where there is a
failure to prove that the evidence is preservable
or that there was any prejudice to defendant by
failure to have available to him a breath sample,
the wider interests of society favor the admissi-
bility of the test results at trial. People v.
Hedrick, 192 Colo. 37, 557 P.2d 378 (1976).
F. Refusal to Take Test.
It is driver's external manifestations of un-
willingness or outright refusal to take chemi-
cal test for alcohol which are relevant under
express consent statute, not driver's state of
mind or later recollection of events. Boom v.
Charnes, 739 P.2d 868 (Colo. App. 1987), rev'd
on other grounds, 766 P.2d 665 (Colo. 1988);
Dikeman v. Charnes, 739 P,2d 870 (Colo. App.
1987).
Officer is not required to ascertain driver's
subjective state of mind in determining
whether driver consents to chemical test for
alcohol; objective manifestations of driver are
enough to constitute refusal. Colgan v. State
Dept. of Rev., 623 P.2d 871 (Colo. 1981); Boom
Title 42 - page 451
Regulation of Vehicles and Traffic
42-4-1301.1
v. Charnes, 739 P.2d 868 (Colo. App. 1987),
rev'd on other grounds, 766 P.2d 665 (Colo.
1988).
Driver's actions not to be lightly construed
as refusal. An arresting officer should not
lightly construe words and actions of a driver to
constitute a refusal to be tested. Renck v. Motor
Vehicle Div., 636 P.2d 1294 (Colo. App. 1981).
In deciding whether there was a refusal to
submit to a chemical test, the trier of fact
should consider the driver's words and other
manifestations of willingness or unwillingness
to take the test. Dolan v. Rust, 195 Colo. 173,
576 P.2d 560 (1978); Hess v. Tice, 43 Colo. App.
47, 598 P.2d 536 (1979).
It is the driver's external manifestations of
unwillingness or his outright refusal to take the
test which are relevant, and not the driver's state
of mind or his later recollection of events. Dolan
v. Rust, 195 Colo. 173, 576 P.2d 560 (1978);
Hess v. Tice, 43 Colo. App. 47, 598 P.2d 536
(1979).
Automobile driver's request to speak to
attorney before taking chemical test to deter-
mine blood alcohol level constituted refusal to
take test as matter of law. Dikeman v. Charaes.
739 P.2d 870 (Colo. App. 1987).
Inability to decide to submit to test consti-
tutes refusal. An inability to decide to submit to
a test, after being fully advised that Miranda
rights do not apply, will constitute a refusal.
Stephens v. State Dept. of Rev., 671 P. 2d 1348
(Colo. App. 1983).
It was reasonable for arresting officer to
take driver's silence to be a refusal of testing
where driver had not been unable to speak and
had answered other questions but failed to speak
only in response to the request to take a blood
test. Poe v. Dept. of Rev., 859 P.2d 906 (Colo.
App. 1993).
Arresting officer not required to compel
performance of involuntary blood test where
driver had not been unable to speak and had
answered other questions but failed to speak
only in response to the request to take a test,
making it reasonable for officer to take driver's
silence to be a refusal of testing. Poe v. Dept. of
Rev., 859 P.2d 906 (Colo. App. 1993).
Breath test must be offered where blood
test refused. That driver appeared too intoxi-
cated to take breath test after refusing blood test
did not amount to refusal to take breath test.
Officer was required to offer breath test despite
his conclusion that defendant was not physically
able to perform test due to intoxication.
Sedlmayer v. Charnes, 767 P.2d 754 (Colo. App.
1988).
Breath test suppressed as evidence as a
result of officer's erroneous and coercive
statement that defendant could lose his li-
cense for not taking breath test After being
unable to comply with defendant's request for a
blood test, the arresting officer warned that the
defendant could lose his license for failure to
take a breath test. Turbyne v. People, 151 P.3d
563 (Colo. 2007).
Driver's initial refusal to take the test is
sufficient grounds upon which to revoke her
license. Rogers v. Charnes, 656 P.2d 1322 (Colo.
App. 1982).
Revocation mandatory. Creech v. State
Dept. of Rev., 190 Colo. 174, 544 P.2d 633
(1976).
Subsection (2)(a)(m), unlike subsection
(2)(a)(I), does not impose any condition on an
officer's testing request; instead, it governs a
driver's duty to cooperate. It does not provide
a driver need only cooperate with requests made
within two hours of (hiving. Rather, it requires
that, if a law enforcement officer requests a test,
the suspected drunk driver must cooperate with
the request such that the sample of blood or
breath can be obtained within two hours of the
person's driving. Stumpf v. Colo. Dept of Rev.,
231 P.3d 1 (Colo. App. 2009).
Subsection (2)(a)(IH) requires that drivers
provide timely cooperation within a two-hour
period if possible, but does not excuse their
refusal beyond that period. This does not mean,
however, that such requests can never give rise
to revocation. Instead, requests made more than
two hours after driving remain subject to the
reasonable time limitation standard. Stumpf v.
Colo. Dept. of Rev., 231 P.3d 1 (Colo. App.
2009).
Hearing officer properly found testing re-
quest to have been made within a reasonable
time. The request was made and refused by the
driver less than three and one-half hours after
person's driving. A blood test conducted three
and one-half hours after driving is not incapable
of yielding potentially relevant evidence.
Stumpf v. Colo. Dept. of Rev., 231 P.3d 1 (Colo.
App. 2009).
The two-hour standard does not apply to a
refusal to take a test The refusal to take a
blood alcohol test is an independent cause for
revoking driver's license. Therefore, so long as
the request is within a reasonable time, a refusal
to take the test may result in loss of a driver's
license. Stumpf v. Colo. Dept. of Rev., 231 P.3d
1 (Colo. App. 2009).
A driver's refusal to submit to a test pur-
suant to the implied consent (now express
consent) law is not irrevocable and the driver
may reconsider his decision. Zahtila v. Motor
Vehicle Div., 39 Colo. App. 8, 560 P.2d 847
(1977).
But licensee must inform officer of recon-
sideration and consent Although an attorney
informs a police officer that she has advised her
client to submit to a blood-alcohol test, unless
the licensee informs the officer of his consent to
the test, a prior refusal to take the test is grounds
for the revocation of his license. McCampbell v.
Charnes, 626 P.2d 762 (Colo. App. 1981).
42-4-1301.2
Vehicles and Traffic
Title 42 -page 452
After a driver has refused to submit to a test,
recantation must be made to the arresting officer
or other law enforcement officer in sufficient
time to obtain a sample within two hours of the
person's driving. The arresting officer is not
obliged to wait with the suspect for two hours in
case the suspect may wish to recant the refusal.
If the officer has returned to duty, the refusal
stands. Gallion v. Colo. Dept. of Rev., 155 P.3d
539 (Colo. App. 2006), afTd, 171 P.3d 217
(Colo. 2007).
When licensee initially agreed to submit to
blood test but then refused test, it became obli-
gation of licensee to tell officer he was willing to
consent to an alternative test. Gonzales v. State
Dept. of Rev., 728 P.2d 754 (Colo. App. 1986).
Court concludes that there was not a re-
fusal justifying revocation of license when
driver retracted refusal to take blood or breath
test within two and one-half hours after driving.
Pierson v. Colo. Dept. of Rev., 923 P.2d 371
(Colo. App. 1996).
Even absent other driving violations, an
investigatory stop is permissible when a police
officer has a reasonable suspicion that the driver
is committing or has committed a drunk driving
offense. Peterson v. Tipton, 833 P.2d 830 (Colo.
App. 1992).
Reasonable suspicion justifying initial stop
was furnished by nonverbal signal of gas station
clerk who had called to report intoxicated cus-
tomer preparing to drive away. Peterson v.
Tipton, 833 P.2d 830 (Colo. App. 1992).
Motorist's refusal to submit to blood alco-
hol test and breath test was not authorized by
statute and was not excused by police's failure
to establish statutory qualifications of blood
technician to driver's satisfaction. Malveaux v.
Colo. Dept. of Rev., 727 P.2d 875 (Colo. App.
1986).
In the case of a vehicular assault, in order
for an officer to require a test, the motorist
must first be given the opportunity to refuse
consent to the test. People v. Maclaren, 251 P.3d
578 (Colo. App. 2010).
In the case of a vehicular assault, failure of
an officer to obtain consent prior to subject-
ing a motorist to a test under this section does
not require suppression of the test result or
dismissal of the case. Court has broad discre-
tion to suppress evidence or dismiss the case as
a sanction for improper police conduct. People
v. Maclaren, 251 P.3d 578 (Colo. App. 2010).
Revocation of license upheld. When plaintiff
refused to sign consent form required by hospi-
tal, he refused to submit to testing within the
meaning of the express consent statute. Stahl v.
Dept. of Rev., Motor Vehicle Div., 921 P.2d 74
(Colo. App. 1996).
Motorist who had agreed to take blood
alcohol test until confronted with hospital
release form which did not conform with sub-
section (3)(b) requirements was not subject to
having license revoked based solely on his not
signing release form. Connolly v. Dept. of Rev.,
739 P.2d 927 (Colo. App. 1987).
Refusal is prerequisite for revocation pro-
ceeding. A refusal to submit to an appropriate
chemical analysis test to determine the alcohol
content of breath or blood is the prerequisite for
the initiation of revocation proceedings, and
such proceedings are civil in nature. DuPuis v.
Charnes, 668 P.2d 1 (Colo. 1983).
Finality of order of revocation. An order of
revocation issued at the conclusion of a hearing
is final. Judicial review must be perfected within
thirty days after the date of that hearing as
specified in § 42-2-127. If an appeal is not
perfected within the statutory time limit, dismis-
sal is mandated. Houston v. Dept. of Rev., 699
P.2d 15 (Colo. App. 1985).
42-4-1301.2. Refusal of test - effect on driver's license - revocation - reinstate-
ment (Repealed)
Source: L. 2002: Entire section added with relocations, p. 1907, § 3, effective July 1.
L. 2008: Entire section repealed, p. 255, § 26, effective July 1.
42-4-1301.3. Alcohol and drug driving safety program. (1) (a) Upon conviction of
a violation of section 42-4-1301, the court shall sentence the defendant in accordance with
the provisions of this section and other applicable provisions of this part 13. The court shall
consider the alcohol and drug evaluation required pursuant to this section prior to sentenc-
ing; except that the court may proceed to immediate sentencing without considering such
alcohol and drug evaluation:
(I) (A) If the defendant has no prior convictions or pending charges under this section;
or
(B) If the defendant has one or more prior convictions, the prosecuting attorney and the
defendant have stipulated to such conviction or convictions; and
(II) If neither the defendant nor the prosecuting attorney objects.
(b) If the court proceeds to immediate sentencing, without considering an alcohol and
drug evaluation, the alcohol and drug evaluation shall be conducted after sentencing, and
Title 42 - page 453 Regulation of Vehicles and Traffic 42-4-1301.3
the court shall order the defendant to complete the education and treatment program
recommended in the alcohol and drug evaluation. If the defendant disagrees with the
education and treatment program recommended in the alcohol and drug evaluation, the
defendant may request the court to hold a hearing to determine which education and
treatment program should be completed by the defendant
(2) (Deleted by amendment, L. 2011, (HB 11-1268), ch. 267, p. 1217, § 1, effective
June 2, 2011.)
(3) (a) The judicial department shall administer in each judicial district an alcohol and
drug driving safety program that provides presentence and postsentence alcohol and drug
evaluations on all persons convicted of a violation of section 42-4-1301. The alcohol and
drug driving safety program shall further provide supervision and monitoring of all such
persons whose sentences or terms of probation require completion of a program of alcohol
and drug driving safety education or treatment.
(b) The presentence and postsentence alcohol and drug evaluations shall be conducted
by such persons determined by the judicial department to be qualified to provide evaluation
and supervision services as described in this section.
(c) (I) An alcohol and drug evaluation shall be conducted on all persons convicted of
a violation of section 42-4-1301, and a copy of the report of the evaluation shall be provided
to such person. The report shall be made available to and shall be considered by the court
prior to sentencing unless the court proceeds to immediate sentencing pursuant to the
provisions of subsection (1) of this section.
(II) The report shall contain the defendant's prior traffic record, characteristics and
history of alcohol or drug problems, and amenability to rehabilitation. The report shall
include a recommendation as to alcohol and drug driving safety education or treatment for
the defendant.
( 1U) The alcohol evaluation shall be conducted and the report prepared by a person who
is trained and knowledgeable in the diagnosis of chemical dependency. Such person's duties
may also include appearing at sentencing and probation hearings as required, referring
defendants to education and treatment agencies in accordance with orders of the court,
monitoring defendants in education and treatment programs, notifying the probation
department and the court of any defendant failing to meet the conditions of probation or
referral to education or treatment, appearing at revocation hearings as required, and
providing assistance in data reporting and program evaluation.
(IV) For the purpose of this section, "alcohol and drug driving safety education or
treatment" means either level I or level II education or treatment programs that are
approved by the unit in the department of human services that administers behavioral health
programs and services, including those related to mental health and substance abuse. Level
I programs are to be short-term, didactic education programs. Level II programs are to be
therapeutically oriented education, long-term outpatient, and comprehensive residential
programs. Any defendant sentenced to level I or level II programs shall be instructed by the
court to meet all financial obligations of such programs. If such financial obligations are not
met, the sentencing court shall be notified for the purpose of collection or review and further
action on the defendant's sentence. Nothing in this section shall prohibit treatment agencies
from applying to the state for funds to recover the costs of level II treatment for defendants
determined to be indigent by the court.
(4) (a) There is hereby created an alcohol and drug driving safety program fund in the
office of the state treasurer to the credit of which shall be deposited all moneys as directed
by this paragraph (a). The assessment in effect on July 1, 1998, shall remain in effect unless
the judicial department and the unit in the department of human services that administers
behavioral health programs and services, including those related to mental health and
substance abuse, have provided to the general assembly a statement of the cost of the
program, including costs of administration for the past and current fiscal year to include a
proposed change in the assessment. The general assembly shall then consider the proposed
new assessment and approve the amount to be assessed against each person during the
following fiscal year in order to ensure that the alcohol and drug driving safety program
established in this section shall be financially self-supporting. Any adjustment in the amount
to be assessed shall be so noted in the appropriation to the judicial department and the unit
42-4-1301.3 Vehicles and Traffic Title 42 - page 454
in the department of human services that administers behavioral health programs and
services, including those related to mental health and substance abuse, as a footnote or line
item related to this program in the general appropriation bill. The state auditor shall
periodically audit the costs of the programs to determine that they are reasonable and that
the rate charged is accurate based on these costs. Any other fines, fees, or costs levied
against such person shall not be part of the program fund. The amount assessed for the
alcohol and drug evaluation shall be transmitted by the court to the state treasurer to be
credited to the alcohol and drug driving safety program fund. Fees charged under sections
27-81-106 (1) and 27-82-103 (1), C.R.S., to approved alcohol and drug treatment facilities
that provide level I and level II programs as provided in paragraph (c) of subsection (3) of
this section shall be transmitted to the state treasurer, who shall credit the fees to the alcohol
and drug driving safety program fund. Upon appropriation by the general assembly, these
funds shall be expended by the judicial department and the unit in the department of human
services that administers behavioral health programs and services, including those related
to mental health and substance abuse, for the administration of the alcohol and drug driving
safety program. In administering the alcohol and drug driving safety program, the judicial
department is authorized to contract with any agency for such services as the judicial
department deems necessary. Moneys deposited in the alcohol and drug driving safety
program fund shall remain in said fund to be used for the purposes set forth in this section
and shall not revert or transfer to the general fund except by further act of the general
assembly.
(b) The judicial department shall ensure that qualified personnel are placed in the
judicial districts. The judicial department and the unit in the department of human services
that administers behavioral health programs and services, including those related to mental
health and substance abuse, shall jointly develop and maintain criteria for evaluation
techniques, treatment referral, data reporting, and program evaluation.
(c) The alcohol and drug driving safety program shall cooperate in providing services
to a defendant who resides in a judicial district other than the one in which the arrest was
made. Alcohol and drug driving safety programs may cooperate in providing services to any
defendant who resides at a location closer to another judicial district's program. The
requirements of this section shall not apply to persons who are not residents of Colorado at
the time of sentencing.
(d) Notwithstanding any provision of paragraph (a) of this subsection (4) to the
contrary, on March 5, 2003, the state treasurer shall deduct one million dollars from the
alcohol and drug driving safety program fund and transfer such sum to the general fund.
(5) The provisions of this section are also applicable to any defendant who receives a
deferred prosecution in accordance with section 18-1.3-101, C.R.S., or who receives a
deferred sentence in accordance with section 18-1.3-102, C.R.S., and the completion of any
stipulated alcohol evaluation, level I or level II education program, or level I or level II
treatment program to be completed by the defendant shall be ordered by the court in
accordance with the conditions of such deferred prosecution or deferred sentence as
stipulated to by the prosecution and the defendant.
(6) An approved alcohol or drug treatment facility that provides level I or level II
programs as provided in paragraph (c) of subsection (3) of this section shall not require a
person to repeat any portion of an alcohol and drug driving safety education or treatment
program that he or she has successfully completed while he or she was imprisoned for the
current offense.
Source: L. 2002: Entire section added with relocations, p. 1907, § 3, effective July 1;
(5) amended, p. 1561, § 368, effective October 1. L. 2003: (4)(d) added, p. 459, § 22,
effective March 5. L. 2010: (4)(a) amended, (SB 10-175), ch. 188, p. 808, § 87, effective
April 29; IP(2)(a)(I) amended and (6) added, (HB 10-1347), ch. 258, p. 1159, § 5, effective
July 1. L. 2011: (1) and (2) amended, (HB 11-1268), ch. 267, p. 1217, § 1, effective June
2; (3)(c)(IV) and (4)(b) amended, (HB 11-1303), ch. 264, p. 1182, § 110, effective August
Editor's note: (1) This section is similar to former § 42-4-1301 (9)(e)(I), (9)(f)(I), (9)(f)(II), and
(10) as it existed prior to 2002.
Title 42 - page 455 Regulation of Vehicles and Traffic 42-4-1301 .4
(2) Subsection (5) was originally numbered as § 42-4-1301 (10)(g), and the amendments to it in
House Bill 02-1046 were harmonized with subsection (5) as it appeared in Senate Bill 02-057.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(5), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-4-1301.4. Useful public service - definitions - local programs - assessment of
costs. ( 1 ) This section applies to any person convicted of a violation of section 42-4- 1 301
and who is ordered to complete useful public service.
(2) (a) For the purposes of this section and section 42-4-1301, "useful public service'*
means any work mat is beneficial to the public and involves a minimum of direct
supervision or other public cost. "Useful public service" does not include any work that
would endanger the health or safety of any person convicted of a violation of any of the
offenses specified in section 42-4-1301.
(b) The sentencing court, the probation department, the county sheriff, and the board of
county commissioners shall cooperate in identifying suitable work assignments. An of-
fender sentenced to such work assignment shall complete the same within the time
established by the court.
(3) There may be established in the probation department of each judicial district in the
state a useful public service program under the direction of the chief probation officer. It is
the purpose of the useful public service program: To identify and seek the cooperation of
governmental entities and political subdivisions thereof, as well as corporations organized
not for profit or charitable trusts, for the purpose of providing useful public service jobs; to
interview and assign persons who have been ordered by the court to perform useful public
service to suitable useful public service jobs; and to monitor compliance or noncompliance
of such persons in performing useful public service assignments within the time established
by the court.
(4) (a) Any general public liability insurance policy obtained pursuant to this section
shall be in a sum of not less than the current limit on government liability under the
"Colorado Governmental Immunity Act", article 10 of title 24, C.R.S.
(b) For the purposes of the "Colorado Governmental Immunity Act", article 10 of title
24, C.R.S., "public employee" does not include any person who is sentenced pursuant to
section 42-4-1301 to participate in any type of useful public service.
(c) No governmental entity shall be liable under the "Workers' Compensation Act of
Colorado", articles 40 to 47 of title 8, C.R.S., or under the "Colorado Employment Security
Act", articles 70 to 82 of title 8, C.R.S., for any benefits on account of any person who is
sentenced pursuant to section 42-4-1301 to participate in any type of useful public service,
but nothing in this paragraph (c) shall prohibit a governmental entity from electing to accept
the provisions of the "Workers' Compensation Act of Colorado" by purchasing and
keeping in force a policy of workers' compensation insurance covering such person.
(5) In accordance with section 42-4-1307 (14), in addition to any other penalties
prescribed in this part 13, the court shall assess an amount, not to exceed one hundred
twenty dollars, upon any person required to perform useful public service. Such amount
shall be used by the operating agency responsible for overseeing such person's useful public
service program to pay the cost of administration of the program, a general public liability
policy covering such person, and, if such person will be covered by workers' compensation
insurance pursuant to paragraph (c) of subsection (4) of this section or an insurance policy
providing such or similar coverage, the cost of purchasing and keeping in force such
insurance coverage. Such amount shall be adjusted from time to time by the general
assembly in order to ensure that the useful public service program established in this section
shall be financially self-supporting. The proceeds from such amounts shall be used by the
operating agency only for defraying the cost of personal services and other operating
expenses related to the administration of the program and the cost of purchasing and
keeping in force policies of general public liability insurance, workers' compensation
insurance, or insurance providing such or similar coverage and shall not be used by the
operating agency for any other purpose.
(6) The provisions of this section relating to the performance of useful public service
are also applicable to any defendant who receives a deferred prosecution in accordance with
42-4-1302
Vehicles and Traffic
Title 42 -page 456
section 18-1.3-101, C.R.S., or who receives a deferred sentence in accordance with section
18-1.3-102, C.R.S., and the completion of any stipulated amount of useful public service
hours to be completed by the defendant shall be ordered by the court in accordance with the
conditions of such deferred prosecution or deferred sentence as stipulated to by the
prosecution and the defendant.
Source: L. 2002: Entire section added with relocations, p. 1907, § 3, effective July 1;
(5) amended, p. 303, § 2, effective July 1; (6) amended, p. 1561, § 368, effective October
1. L. 2004: (3) amended, p. 506, § 4, effective August 4. L. 2011: (5) amended, (HB
11-1268), ch. 267, p. 1220, § 3, effective June 2; (5) amended, (HB 11-1303), ch. 264, p.
1183, § 111, effective August 10.
Editor's note: (1) This section is similar to former § 42-4-1301 (9)(c) and (9)(i) as it existed
prior to 2002.
(2) Subsection (5) was originally numbered as § 42-4-1301 (9)(i)(V), and the amendments to it
in Senate Bill 02-036 were harmonized with subsection (5) as it appeared in Senate Bill 02-057.
Subsection (6) was originally numbered as § 42-4-1301 (9)(c), and the amendments to it in House
Bill 02-1046 were harmonized with subsection (6) as it appeared in Senate Bill 02-057.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(6), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-4-1302. Stopping of suspect A law enforcement officer may stop any person who
the officer reasonably suspects is committing or has committed a violation of section
42-4-1301 (1) or (2) and may require the person to give such person's name, address, and
an explanation of his or her actions. The stopping shall not constitute an arrest.
Source: L. 94: Entire title amended with relocations, p. 2390, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1202.1 as it existed prior to 1994, and the
former § 42-4-1302 was relocated to § 42-4-1502.
Cross references: For provision that the operation of vehicles and the movement of pedestrians
pursuant to this section apply upon streets and highways and elsewhere throughout the state, see
§ 42-4-103 (2)(b).
ANNOTATION
Law reviews. For article, "Review of New
Legislation Relating to Criminal law", see 11
Colo. Law. 2148 (1982). For article, "A DUI
Primer", see 16 Colo. Law. 2179 (1987).
Annotator's note. Since § 42-4-1302 is sim-
ilar to § 42-4-1202.1 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Sobriety checkpoint stops need not be
based upon reasonable suspicion merely be-
cause of the existence of this statute. Orr v.
People, 803 P.2d 509 (Colo. 1990).
An investigatory stop of a motor vehicle is
permissible when a police officer has a rea-
sonable suspicion that the driver is commit-
ting or has committed a drunk driving of-
fense. Peterson v. Tipton, 833 P.2d 830 (Colo.
App. 1992).
Even absent other driving violations, an
investigatory stop is permissible when a police
officer has a reasonable suspicion that the driver
is committing or has committed a drunk driving
offense. Peterson v. Tipton, 833 P.2d 830 (Colo.
App. 1992).
42-4-1303. Records - prima facie proof. Official records of the department of public
health and environment relating to certification of breath test instruments, certification of
operators and operator instructors of breath test instruments, certification of standard
solutions, and certification of laboratories shall be official records of the state, and copies
thereof, attested by the executive director of the department of public health and environ-
Title 42 - page 457
Regulation of Vehicles and Traffic
42-4-1304
ment or the director's deputy and accompanied by a certificate bearing the official seal for
said department that the executive director or the director's deputy has custody of said
records, shall be admissible in all courts of record and shall constitute prima facie proof of
the information contained therein. The department seal required under mis section may also
consist of a rubber stamp producing a facsimile of the seal stamped upon the document
Source: L. 94: Entire section amended, p. 2816, § 595, effective July 1; entire title
amended with relocations, p. 2390, § 1, effective January 1, 1995.
Editor's note: (1) This section is similar to former § 42-4-1202.2 as it existed prior to 1994, and
the former § 42-4-1303 was relocated to § 42-4-1503.
(2) Amendments to this section by House Bill 94-1029 were harmonized with Senate Bill 94-001 .
Cross references: For provision that the operation of vehicles and the movement of pedestrians
pursuant to this section apply upon streets and highways and elsewhere throughout the state, see
§ 42-4-103 (2)(b).
ANNOTATION
Law reviews. For article, "Review of New
Legislation Relating to Criminal Law", see 11
Colo. Law. 2148 (1982).
Results of breathalyzer test were admissi-
ble in DUI proceeding where prima facie
showing was made that testing device was in
proper working order and was properly operated
by qualified person and that test was adminis-
tered in substantial compliance with department
of health regulations. Thomas v. People, 895
P.2d 1040 (Colo. 1995) (decided under former
§ 42-4-1202.2 as it existed prior to the 1994
recodification of title 42).
Failure to provide certification documents
as to breath test instruments went to weight of
breath test results and not to their admissibility.
Thomas v. People, 895 P.2d 1040 (Colo. 1995)
(decided under former § 42-4-1202.2 as it ex-
isted prior to the 1994 recodification of title 42).
42-4-1304. Samples of blood or other bodily substance - duties of department of
public health and environment (1) The department of public health and environment
shall establish a system for obtaining samples of blood or other bodily substance from the
bodies of all pilots in command, vessel operators in command, or drivers and pedestrians
fifteen years of age or older who die within four hours after involvement in a crash
involving a motor vehicle, a vessel, or an aircraft. For purposes of this section, "vessel" has
the meaning set forth in section 33-13-102, C.R.S. No person having custody of the body
of the deceased shall perform any internal embalming procedure until a blood and urine
specimen to be tested for alcohol, drug, and carbon monoxide concentrations has been taken
by an appropriately trained person certified by the department of public health and
environment. Whenever the driver of the vehicle cannot be immediately determined, the
samples shall be obtained from all deceased occupants of the vehicle.
(2) All samples so collected shall be placed in containers of a type designed to preserve
the integrity of a sample from the time of collection until it is subjected to analysis.
(3) All samples shall be tested and analyzed in the laboratories of the department of
public health and environment, or in any other laboratory approved for this purpose by the
department of public health and environment, to determine the amount of alcohol, drugs,
and carbon monoxide contained in such samples or the amount of any other substance
contained therein as deemed advisable by the department of public health and environment.
(4) The state board of health shall establish and promulgate such administrative
regulations and procedures as are necessary to ensure that collection and testing of samples
is accomplished to the fullest extent. Such regulations and procedures shall include but not
be limited to the following:
(a) The certification of laboratories to ensure that the collection and testing of samples
is performed in a competent manner; and
(b) The designation of responsible state and local officials who shall have authority and
responsibility to collect samples for testing.
(5) All records of the results of such tests shall be compiled by the department of public
42-4-1305 Vehicles and Traffic Title 42 - page 458
health and environment and shall not be public information, but shall be disclosed on
request to any interested party in any civil or criminal action arising out of the collision.
(6) All state and local public officials, including investigating law enforcement officers,
have authority to and shall follow the procedures established by the department of public
health and environment pursuant to this section, including the release of all information to
the department of public health and environment concerning such samples and the testing
thereof. The Colorado state patrol and the county coroners and their deputies shall assist the
department of public health and environment in the administration and collection of such
samples for the purposes of this section.
(7) The office of the highway safety coordinator, the department, and the Colorado state
patrol shall have access to the results of the tests of such samples taken as a result of a traffic
crash for statistical analysis. The division of parks and wildlife shall have access to the
results of the tests of such samples taken as a result of a boating accident for statistical
analysis.
(8) Failure to perform the required duties as prescribed by this section and by the
administrative regulations and procedures resulting therefrom shall be deemed punishable
under section 18-8-405, C.R.S.
Source: L. 94: (6) amended, p. 2816, § 596, effective July 1; entire title amended with
relocations, p. 2391, § 1, effective January 1, 1995. L. 2008: (1) amended, p. 652, § 4,
effective August 5.
Editor's note: (1) This section is similar to former § 42-4-1211 as it existed prior to 1994, and
the former § 42-4-1304 was relocated to § 42-4-1504.
(2) Amendments to subsection (6) by House Bill 94-1029 were harmonized with Senate Bill
94-001.
42-4-1305. Open alcoholic beverage container - motor vehicle - prohibited.
(1) Definitions. As used in this section, unless the context otherwise requires:
(a) "Alcoholic beverage'* means a beverage as defined in 23 CFR 1270.3 (a).
(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways but does not include a vehicle operated
exclusively on a rail or rails.
(c) "Open alcoholic beverage container" means a bottle, can, or other receptacle that
contains any amount of alcoholic beverage and:
(1) That is open or has a broken seal; or
(H) The contents of which are partially removed.
(d) "Passenger area" means the area designed to seat the driver and passengers while
a motor vehicle is in operation and any area that is readily accessible to the driver or a
passenger while in his or her seating position, including but not limited to the glove
compartment.
(2) (a) Except as otherwise permitted in paragraph (b) of this subsection (2), a person
while in the passenger area of a motor vehicle that is on a public highway of this state or
the right-of-way of a public highway of this state may not knowingly:
(I) Drink an alcoholic beverage; or
(II) Have in his or her possession an open alcoholic beverage container,
(b) The provisions of this subsection (2) shall not apply to:
(I) Passengers, other than the driver or a front seat passenger, located in the passenger
area of a motor vehicle designed, maintained, or used primarily for the transportation of
persons for compensation;
(H) The possession by a passenger, other than the driver or a front seat passenger, of an
open alcoholic beverage container in the living quarters of a house coach, house trailer,
motor home, as defined in section 42-1-102 (57), or trailer coach, as defined in section
42-1-102 (106) (a);
(IH) The possession of an open alcoholic beverage container in the area behind the last
upright seat of a motor vehicle that is not equipped with a trunk; or
Title 42 - page 459 Regulation of Vehicles and Traffic 42-4-1306
(IV) The possession of an open alcoholic beverage container in an area not normally
occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.
(c) A person who violates the provisions of this subsection (2) commits a class A traffic
infraction and shall be punished by a fine of fifty dollars and a surcharge of seven dollars
and eighty cents as provided in section 42-4-1701 (4) (a) (I) (N).
(3) Nothing in this section shall be construed to preempt or limit the authority of any
statutory or home rule town, city, or city and county to adopt ordinances that are no less
restrictive than the provisions of this section.
Source: L. 2005: Entire section added, p. 1187, § 1, effective July 1.
42-4-1306. Interagency task force on drank driving - creation. (1) The general
assembly finds and declares that:
(a) Drunk and impaired driving continues to cause needless deaths and injuries,
especially among young people;
(b) In 2003, there were over thirty thousand arrests for driving under the influence or
driving while ability-impaired;
(c) Although Colorado has taken many measures to reduce the incidents of drunk and
impaired driving, the persistent regularity of these incidents continues to be a problem, as
evidenced by the case of Sonja Marie Devries who was killed in 2004 by a drunk driver who
had been convicted of drunk driving on six previous occasions; and
(d) According to the federal national highway transportation safety administration,
other states with a statewide interagency task force on drunk driving have seen a decrease
in incidents of drunk and impaired driving.
(2) There is hereby created an interagency task force on drunk driving, referred to in
this section as the "task force". The task force shall meet regularly to investigate methods
of reducing the incidents of drunk and impaired driving and develop recommendations for
the state of Colorado regarding the enhancement of government services, education, and
intervention to prevent drunk and impaired driving.
(3) (a) The task force shall consist of:
(I) The executive director of the department of transportation or his or her designee
who shall also convene the first meeting of the task force;
(II) Two representatives appointed by the executive director of the department of
revenue, with the following qualifications:
(A) One representative with expertise in driver's license sanctioning; and
(B) One representative with expertise in enforcement of the state's liquor sales laws;
(HI) The state court administrator or his or her designee;
(IV) The chief of the Colorado state patrol or his or her designee;
(V) The state public defender or his or her designee;
(VI) The director of the division of behavioral health in the department of human
services;
(VII) The director of the division of probation services or his or her designee;
(Vm) The executive director of the department of public health and environment, or his
or her designee;
(IX) The following members selected jointly by the member serving pursuant to
subparagraph (I) of this paragraph (a):
(A) A representative of a statewide association of chiefs of police with experience in
making arrests for drunk or impaired driving;
(B) A representative of a statewide organization of county sheriffs with experience in
making arrests for drunk or impaired driving;
(C) A victim or a family member of a victim of drunk or impaired driving;
(D) A representative of a statewide organization of victims of drunk or impaired
driving;
(E) A representative of a statewide organization of district attorneys with experience in
prosecuting drunk or impaired driving offenses;
(F) A representative of a statewide organization of criminal defense attorneys with
experience in defending persons charged with drunk or impaired driving offenses;
42-4-1307 Vehicles and Traffic Title 42 - page 460
(G) A representative of a statewide organization that represents persons who sell
alcoholic beverages for consumption on premises;
(G.5) A representative of a statewide organization that represents persons who sell
alcoholic beverages for consumption off premises;
(H) A representative of a statewide organization that represents distributors of alcoholic
beverages in Colorado;
(1) A manufacturer of alcoholic beverages in Colorado;
(J) A person under twenty-four years of age who is enrolled in a secondary or
postsecondary school; and
(K) A representative of a statewide organization that represents alcohol and drug
addiction counselors.
(b) Members selected pursuant to subparagraph (IX) of paragraph (a) of this subsection
(3) shall serve terms of two years but may be selected for additional terms.
(c) Members of the task force shall not be compensated for or reimbursed for their
expenses incurred in attending meetings of the task force.
(d) The initial meeting of the task force shall be convened on or before August 1 , 2006,
by the member serving pursuant to subparagraph (I) of paragraph (a) of this subsection (3).
At the first meeting, the task force shall elect a chair and vice-chair from the members
serving pursuant to subparagraphs (I) to (VIA) of paragraph (a) of this subsection (3), who
shall serve a term of two years but who may be reelected for additional terms.
(e) The task force shall meet not less frequently than bimonthly and may adopt policies
and procedures necessary to carry out its duties.
(4) The task force shall report its findings and recommendations to the judiciary
committees of the house of representatives and the senate, or any successor committees, on
or before January 15, 2007, and on or before each January 15 thereafter.
(5) (Deleted by amendment, L. 2011, (SB 11-093), ch. 41, p. 108, § 2, effective March
21, 2011.)
Source: L. 2006: Entire section added, p. 566, § 1, effective April 24. L. 2011: (3) and
(5) amended, (SB 11-093), ch. 41, p. 108, § 2, effective March 21.
42-4-1307. Penalties for traffic offenses involving alcohol and drugs - repeal.
(1) Legislative declaration. The general assembly hereby finds and declares that, for the
purposes of sentencing as described in section 18-1-102.5, C.R.S., each sentence for a
conviction of a violation of section 42-4-1301 shall include:
(a) A period of imprisonment, which, for a repeat offender, shall include a mandatory
minimum period of imprisonment and restrictions on where and how the sentence may be
served; and
(b) For a second or subsequent offender, a period of probation. The imposition of a
period of probation upon the conviction of a first-time offender shall be subject to the
court's discretion as described in paragraph (c) of subsection (3) and paragraph (c) of
subsection (4) of this section. The purpose of probation is to help the offender change his
or her behavior to reduce the risk of future violations of section 42-4-1301. If a court
imposes imprisonment as a penalty for a violation of a condition of his or her probation, the
penalty shall constitute a separate period of imprisonment that the offender shall serve in
addition to the imprisonment component of his or her original sentence.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) "Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo
contendere that is accepted by the court for an offense or adjudication for an offense that
would constitute a criminal offense if committed by an adult. "Conviction" also includes
having received a deferred judgment and sentence or deferred adjudication; except that a
person shall not be deemed to have been convicted if the person has successfully completed
a deferred sentence or deferred adjudication.
(b) "Driving under the influence" or "DUI" means driving a motor vehicle or vehicle
when a person has consumed alcohol or one or more drugs, or a combination of alcohol and
one or more drugs, that affects the person to a degree that the person is substantially
Title 42 - page 461 Regulation of Vehicles and Traffic 42-4-1307
incapable, either mentally or physically, or both mentally and physically, of exercising clear
judgment, sufficient physical control, or due care in the safe operation of a vehicle.
(c) "Driving while ability impaired'* or "DWAI" means driving a motor vehicle or
vehicle when a person has consumed alcohol or one or more drugs, or a combination of both
alcohol and one or more drugs, that affects the person to the slightest degree so that the
person is less able than the person ordinarily would have been, either mentally or physically,
or both mentally and physically, to exercise clear judgment, sufficient physical control, or
due care in the safe operation of a vehicle.
(d) "UDD" shall have the same meaning as provided in section 42-1-102 (109.7).
(3) First offenses - DUI, DUI per se, and habitual user, (a) Except as otherwise
provided in subsections (5) and (6) of this section, a person who is convicted of DUI, DUI
per se, or habitual user shall be punished by:
(I) Imprisonment in the county jail for at least five days but no more than one year, the
minimum period of which shall be mandatory; except that the court may suspend the
mandatory minimum period if , as a condition of the suspended sentence, the offender
undergoes a presentence or postsentence alcohol and drug evaluation and satisfactorily
completes and meets all financial obligations of a level I or level II program as is
determined to be appropriate by the alcohol and drug evaluation that is required pursuant
to section 42-4-1301.3;
(JQ) A fine of at least six hundred dollars but no more than one thousand dollars, and the
court shall have discretion to suspend the fine; and
(HI) At least forty-eight hours but no more than ninety-six hours of useful public
service, and the court shall not have discretion to suspend the mandatory minimum period
of performance of such service.
(b) Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this sub-
section (3), and except as described in paragraphs (a) and (b) of subsection (5) and
paragraph (a) of subsection (6) of this section, a person who is convicted of DUI or DUI
per se when the person's BAC was 0.20 or more at the time of driving or within two hours
after driving shall be punished by imprisonment in the county jail for at least ten days but
not more than one year; except that the court shall have the discretion to employ the
sentencing alternatives described in section 18-1.3-106, C.R.S.
(c) In addition to any penalty described in paragraph (a) of this subsection (3), the court
may impose a period of probation that shall not exceed two years, which probation may
include any conditions permitted by law.
(4) First offenses - DWAI. (a) Except as otherwise provided in subsections (5) and
(6) of this section, a person who is convicted of DWAI shall be punished by:
(I) Imprisonment in the county jail for at least two days but no more than one hundred
eighty days, the minimum period of which shall be mandatory; except that the court may
suspend the mandatory minimum period if , as a condition of the suspended sentence, the
offender undergoes a presentence or postsentence alcohol and drug evaluation and satis-
factorily completes and meets all financial obligations of a level I or level II program as is
determined to be appropriate by the alcohol and drug evaluation that is required pursuant
to section 42-4-1301.3; and
(H) A fine of at least two hundred dollars but no more than five hundred dollars, and
the court shall have discretion to suspend the fine; and
(HI) At least twenty-four hours but no more than forty-eight hours of useful public
service, and the court shall not have discretion to suspend the mandatory minimum period
of performance of such service.
(b) Notwithstanding the provisions of subparagraph (I) of paragraph (a) of this sub-
section (4), and except as described in paragraphs (a) and (b) of subsection (5) and
paragraph (a) of subsection (6) of this section, a person who is convicted of DWAI when
the person's BAC was 0.20 or more at the time of driving or within two hours after driving
shall be punished by imprisonment in the county jail for at least ten days but not more than
one year, except that the court shall have the discretion to employ the sentencing
alternatives described in section 18-1.3-106, C.R.S.
42-4-1307 Vehicles and Traffic Title 42 - page 462
(c) In addition to any penalty described in paragraph (a) of this subsection (4), the court
may impose a period of probation that shall not exceed two years, which probation may
include any conditions permitted by law.
(5) Second offenses, (a) Except as otherwise provided in subsection (6) of this
section, a person who is convicted of DUI, DUI per se, DWAI, or habitual user who, at the
time of sentencing, has a prior conviction of DUI, DUI per se, DWAI, habitual user,
vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S., vehicular assault pursuant
to section 18-3-205 (1) (b), C.R.S., aggravated driving with a revoked license pursuant to
section 42-2-206 (1) (b) (I) (A) or (1) (b) (I) (B), or driving while the person's driver's
license was under restraint pursuant to section 42-2-138 (1) (d), shall be punished by:
(I) Imprisonment in the county jail for at least ten consecutive days but no more than
one year; except that the court shall have discretion to employ the sentencing alternatives
described in section 18-1.3-106, C.R.S. During the mandatory ten-day period of imprison-
ment, the person shall not be eligible for earned time or good time pursuant to section
17-26-109, C.R.S., or for trusty prisoner status pursuant to section 17-26-115, C.R.S.;
except that the person shall receive credit for any time that he or she served in custody for
the violation prior to his or her conviction.
(II) A fine of at least six hundred dollars but no more than one thousand five hundred
dollars, and the court shall have discretion to suspend the fine;
(IE) At least forty-eight hours but no more than one hundred twenty hours of useful
public service, and the court shall not have discretion to suspend the mandatory minimum
period of performance of the service; and
(IV) A period of probation of at least two years, which period shall begin immediately
upon the commencement of any part of the sentence that is imposed upon the person
pursuant to this section, and a suspended sentence of imprisonment in the county jail for one
year, as described in subsection (7) of this section; except that the court shall not sentence
the defendant to probation if the defendant is sentenced to the department of corrections but
shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this
section. The defendant shall complete all court-ordered programs pursuant to paragraph (b)
of subsection (7) of this section before the completion of his or her period of parole.
(b) If a person is convicted of DUI, DUI per se, DWAI, or habitual user and the
violation occurred less than five years after the date of a previous violation for which the
person was convicted of DUI, DUI per se, DWAI, habitual user, vehicular homicide
pursuant to section 18-3-106 (1) (b), C.R.S., vehicular assault pursuant to section 18-3-205
(1) (b), C.R.S., aggravated driving with a revoked license pursuant to section 42-2-206 (1)
(b) (I) (A) or (1) (b) (I) (B), or driving while the person's driver's license was under restraint
pursuant to section 42-2-138 (1) (d), the court shall not have discretion to employ any
sentencing alternatives described in section 18-1.3-106, C.R.S., during the minimum period
of imprisonment described in subparagraph (I) of paragraph (a) of this subsection (5);
except that a court may allow the person to participate in a program pursuant to section
18-1.3-106 (1) (a) (H), (1) (a) (IV), or (1) (a) (V), C.R.S., only if the program is available
through the county in which the person is imprisoned and only for the purpose of:
(I) Continuing a position of employment that the person held at the time of sentencing
for said violation;
(H) Continuing attendance at an educational institution at which the person was
enrolled at the time of sentencing for said violation; or
(HI) Participating in a court-ordered level U alcohol and drug driving safety education
or treatment program, as described in section 42-4-1301.3 (3) (c) (IV).
(c) Notwithstanding the provisions of section 18-1.3-106 (12), C.R.S., if, pursuant to
paragraph (a) or (b) of this subsection (5), a court allows a person to participate in a program
pursuant to section 18-1.3-106, C.R.S., the person shall not receive one day credit against
his or her sentence for each day spent in such a program, as provided in said section
18-1.3-106 (12), C.R.S.
(6) Third and subsequent offenses, (a) A person who is convicted of DUI, DUI per
se, DWAI, or habitual user who, at the time of sentencing, has two or more prior convictions
of DUI, DUI per se, DWAI, habitual user, vehicular homicide pursuant to section 18-3-106
(1) (b), C.R.S., vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S., aggravated
Title 42 - page 463 Regulation of Vehicles and Traffic 42-4-1307
driving with a revoked license pursuant to section 42-2-206 (1) (b) (I) (A) or (1) (b) (I) (B),
or driving while the person's driver's license was under restraint pursuant to section
42-2-138 (1) (d) shall be punished by:
(I) Imprisonment in the county jail for at least sixty consecutive days but no more than
one year. During the mandatory sixty-day period of imprisonment, the person shall not be
eligible for earned time or good time pursuant to section 17-26-109, C.R.S., or for trusty
prisoner status pursuant to section 17-26-115, C.R.S.; except that a person shall receive
credit for any time that he or she served in custody for the violation prior to his or her
conviction. During the mandatory period of imprisonment, the court shall not have any
discretion to employ any sentencing alternatives described in section 18-1.3-106, C.R.S.;
except that the person may participate in a program pursuant to section 18-1.3-106 (1) (a)
(II), (1) (a) (IV), or (1) (a) (V), C.R.S., only if the program is available through the county
in which the person is imprisoned and only for the purpose of:
(A) Continuing a position of employment that the person held at the time of sentencing
for said violation;
(B) Continuing attendance at an educational institution at which the person was
enrolled at the time of sentencing for said violation; or
(C) Participating in a court-ordered level II alcohol and drug driving safety education
or treatment program, as described in section 42-4-1301.3 (3) (c) (IV);
(II) A fine of at least six hundred dollars but no more than one thousand five hundred
dollars, and the court shall have discretion to suspend the fine;
(HI) At least forty-eight hours but no more than one hundred twenty hours of useful
public service, and the court shall not have discretion to suspend the mandatory minimum
period of performance of the service; and
(IV) A period of probation of at least two years, which period shall begin immediately
upon the commencement of any part of the sentence that is imposed upon the person
pursuant to this section, and a suspended sentence of imprisonment in the county jail for one
year, as described in subsection (7) of this section; except that the court shall not sentence
the defendant to probation if the defendant is sentenced to the department of corrections, but
shall still sentence the defendant to the provisions of paragraph (b) of subsection (7) of this
section. The defendant shall complete all court-ordered programs pursuant to paragraph (b)
of subsection (7) of this section before the completion of his or her period of parole.
(b) Notwithstanding the provisions of section 18-1.3-106 (12), C.R.S., if, pursuant to
paragraph (a) of this subsection (6), a court allows a person to participate in a program
pursuant to section 18-1.3-106 (1) (a) (H), (1) (a) (IV), or (1) (a) (V), C.R.S., the person
shall not receive one day credit against his or her sentence for each day spent in such a
program, as provided in said section 18-1.3-106 (12), C.R.S.
(7) Probation-related penalties. When a person is sentenced to a period of probation
pursuant to subparagraph (TV) of paragraph (a) of subsection (5) of this section or
subparagraph (IV) of paragraph (a) of subsection (6) of this section:
(a) The court shall impose, in addition to any other condition of probation, a sentence
to one year of imprisonment in the county jail, which sentence shall be suspended, and
against which sentence the person shall not receive credit for any period of imprisonment
to which he or she is sentenced pursuant to subparagraph (I) of paragraph (a) of subsection
(5) of this section or subparagraph (I) of paragraph (a) of subsection (6) of this section;
(b) The court:
(I) Shall include, as a condition of the person's probation, a requirement that the person
complete a level II alcohol and drug driving safety education or treatment program, as
described in section 42-4-1301.3 (3) (c) (IV), at the person's own expense;
(II) May impose an additional period of probation for the purpose of monitoring the
person or ensuring that the person continues to receive court-ordered alcohol or substance
abuse treatment, which additional period shall not exceed two years;
(III) May require that the person commence the alcohol and drug driving safety
education or treatment program described in subparagraph (I) of this paragraph (b) during
any period of imprisonment to which the person is sentenced;
(IV) May require the person to appear before the court at any time during the person's
period of probation;
42-4-1307 Vehicles and Traffic Title 42 - page 464
(V) May require the person to use an approved ignition interlock device, as defined in
section 42-2-132.5 (9) (a), during the period of probation at the person's own expense;
(VI) May require the person to submit to continuous alcohol monitoring using such
technology or devices as are available to the court for such purpose; and
(VII) May impose such additional conditions of probation as may be permitted by law.
(c) (I) The court may impose all or part of the suspended sentence described in
subparagraph (IV) of paragraph (a) of subsection (5) of this section or subparagraph (TV)
of paragraph (a) of subsection (6) of this section at any time during the period of probation
if the person violates a condition of his or her probation. During the period of imprisonment,
the person shall continue serving the probation sentence with no reduction in time for the
sentence to probation. A cumulative period of imprisonment imposed pursuant to this
paragraph (c) shall not exceed one year. •
(II) In imposing a sentence of imprisonment pursuant to subparagraph (I) of this
paragraph (c), the court shall consider the nature of the violation, the report or testimony of
the probation department, the impact on public safety, the progress of the person in any
court-ordered alcohol and drug driving safety education or treatment program, and any
other information that may assist the court in promoting the person's compliance with the
conditions of his or her probation. Any imprisonment imposed upon a person by the court
pursuant to subparagraph (I) of this paragraph (c) shall be imposed in a manner that
promotes the person's compliance with the conditions of his or her probation and not
merely as a punitive measure.
(d) The prosecution, the person, the person's counsel, or the person's probation officer
may petition the court at any time for an early termination of the period of probation, which
the court may grant upon a rinding of the court that:
(I) The person has successfully completed a level II alcohol and drug driving safety
education or treatment program pursuant to subparagraph (I) of paragraph (b) of this
subsection (7);
(II) The person has otherwise complied with the terms and conditions of his or her
probation; and
(III) Early termination of the period of probation will not endanger public safety.
(8) Ignition interlock devices. In sentencing a person pursuant to this section, courts
are encouraged to require the person to use an approved ignition interlock device, as defined
in section 42-2-132.5 (9) (a), as a condition of bond, probation, and participation in
programs pursuant to section 18-1.3-106, C.R.S.
(9) Previous convictions, (a) For the purposes of subsections (5) and (6) of this
section, a person shall be deemed to have a previous conviction for DUI, DUI per se,
DWAI, habitual user, vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S.,
vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S., aggravated driving with a
revoked license pursuant to section 42-2-206 (1) (b) (I) (A) or (1) (b) (I) (B), or driving
while the person's driver's license was under restraint pursuant to section 42-2-138 (1) (d),
if the person has been convicted under the laws of this state or under the laws of any other
state, the United States, or any territory subject to the jurisdiction of the United States, of
an act that, if committed within this state, would constitute the offense of DUI, DUI per se,
DWAI, habitual user, vehicular homicide pursuant to section 18-3-106 (1) (b), C.R.S.,
vehicular assault pursuant to section 18-3-205 (1) (b), C.R.S., aggravated driving with a
revoked license pursuant to section 42-2-206 (1) (b) (I) (A) or (1) (b) (I) (B), or driving
while the person's driver's license was under restraint pursuant to section 42-2-138 (1) (d).
(b) (I) For sentencing purposes concerning convictions for second and subsequent
offenses, prima facie proof of a person's previous convictions shall be established when:
(A) The prosecuting attorney and the person stipulate to the existence of the prior
conviction or convictions;
(B) The prosecuting attorney presents to the court a copy of the person' s driving record
provided by the department of revenue or by a similar agency in another state, which record
contains a reference to the previous conviction or convictions; or
(C) The prosecuting attorney presents an authenticated copy of the record of the
previous conviction or judgment from a court of record of this state or from a court of any
other state, the United States, or any territory subject to the jurisdiction of the United States.
Title 42 - page 465 Regulation of Vehicles and Traffic 42-4-1307
(II) The court shall not proceed to immediate sentencing if the prosecuting attorney and
the person have not stipulated to previous convictions or if the prosecution has requested an
opportunity to obtain a driving record or a copy of a court record. The prosecuting attorney
shall not be required to plead or prove any previous convictions at trial.
(10) Additional costs and surcharges. In addition to the penalties prescribed in this
section:
(a) Persons convicted of DUI, DUI per se, DWAI, habitual user, and UDD are subject
to the costs imposed by section 24-4.1-119 (1) (c), C.R.S., relating to the crime victim
compensation fund;
(b) Persons convicted of DUI, DUI per se, DWAI, and habitual user are subject to a
surcharge of at least one hundred dollars but no more than five hundred dollars to fund
programs to reduce the number of persistent drunk drivers. The surcharge shall be
mandatory, and the court shall not have discretion to suspend or waive the surcharge; except
that the court may suspend or waive the surcharge if the court determines that a person is
indigent. Moneys collected for the surcharge shall be transmitted to the state treasurer, who
shall credit the amount collected to the persistent drunk driver cash fund created in section
42-3-303.
(c) Persons convicted of DUI, DUI per se, DWAI, habitual user, and UDD are subject
to a surcharge of twenty dollars to be transmitted to the state treasurer who shall deposit
moneys collected for the surcharge in the Colorado traumatic brain injury trust fund created
pursuant to section 26-1-309, C.R.S.;
(d) (I) Persons convicted of DUI, DUI per se, DWAI, and habitual user are subject to
a surcharge of at least one dollar but no more than ten dollars for programs to fund efforts
to address alcohol and substance abuse problems among persons in rural areas. The
surcharge shall be mandatory, and the court shall not have discretion to suspend or waive
the surcharge; except that the court may suspend or waive the surcharge if the court
determines that a person is indigent. Any moneys collected for the surcharge shall be
transmitted to the state treasurer, who shall credit the same to the rural alcohol and
substance abuse cash fund created in section 27-80-117 (3), C.R.S.
(11) This paragraph (d) is repealed, effective July 1, 2016, unless the general assembly
extends the repeal of the rural alcohol and substance abuse prevention and treatment
program created in section 27-80-117, C.R.S.
(11) Restitution. As a condition of any sentence imposed pursuant to this section, the
sentenced person shall be required to make restitution in accordance with the provisions of
section 18-1.3-205, C.R.S.
(12) Victim impact panels. In addition to any other penalty provided by law, the court
may sentence a person convicted of DUI, DUI per se, DWAI, habitual user, or UDD to
attend and pay for one appearance at a victim impact panel approved by the court, for which
the fee assessed to the person shall not exceed twenty-five dollars.
(13) Alcohol and drag evaluation and supervision costs. In addition to any fines,
fees, or costs levied against a person convicted of DUI, DUI per se, DWAI, habitual user,
or UDD, the judge shall assess each such person for the cost of the presentence or
postsentence alcohol and drug evaluation and supervision services.
(14) Public service penalty. In addition to any other penalties prescribed in this part
13, the court shall assess an amount, not to exceed one hundred twenty dollars, upon a
person required to perform useful public service.
(15) If a defendant is convicted of aggravated driving with a revoked license based
upon the commission of DUI, DUI per se, or DWAI pursuant to section 42-2-206 (1) (b) (I)
(A)or(l)(b)(D(B):
(a) The court shall convict and sentence the offender for each offense separately;
(b) The court shall impose all of the penalties for the alcohol-related driving offense, as
such penalties are described in this section;
(c) The provisions of section 18-1 -408, C.R.S., shall not apply to the sentences imposed
for either conviction;
(d) Any probation imposed for a conviction under section 42-2-206 may run concur-
rently with any probation required by this section; and
(e) The department shall reflect both convictions on the defendant's driving record.
42-4-1401
Vehicles and Traffic
Title 42 -page 466
Source: L. 2010: Entire section added, (HB 10-1347), ch. 258, p. 1149, § 2, effective
July 1. L. 2011: (1Kb), (3)(a)(I), (3)(a)(II), (4)(a)(I), (4)(a)(II), (5)(a)(II), (6)(a)(II),
(7)(b)(II), and (11) amended, (HB 11-1268), ch. 267, p. 1218, § 2, effective June 2.
L. 2012: (5)(a)(IV) and (6)(a)(IV) amended, (HB 12-1310), ch. 268, p. 1401, § 21,
effective June 7; (7)(b)(V) and (8) amended, (HB 12-1168), ch. 278, p. 1484, § 8, effective
August 8.
ANNOTATION
Annotator's note. For annotations relating to
penalties for traffic offenses involving alcohol
and drugs, formerly found in § 42-4-1301 (7)
prior to the 2010 repeal of that subsection and
now found in this section, see the annotations
for § 42-4-1301.
PART 14
OTHER OFFENSES
Cross references: For penalties for class 1 and class 2 misdemeanor traffic offenses and class A and
class B traffic infractions, see § 42-4-1701 (3)(a).
42-4-1401. Reckless driving - penalty. (1) A person who drives a motor vehicle,
bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate
either a wanton or a willful disregard for the safety of persons or property is guilty of
reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted
bicycle shall not be subject to the provisions of section 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misde-
meanor traffic offense. Upon a second or subsequent conviction, such person shall be
punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by
imprisonment in the county jail for not less than ten days nor more than six months, or by
both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2392, § 1, effective January 1,
1995. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1279, § 57, effective October 1.
Editor's note: This section is similar to former § 42-4-1203 as it existed prior to 1994, and the
former § 42-4-1401 was relocated to § 42-4-1601.
Cross references: For operating a vehicle in a reckless manner while eluding a peace officer, see
§ 18-9-116.5; for provision that the operation of vehicles and the movement of pedestrians pursuant
to this section apply upon streets and highways and elsewhere throughout the state, see § 42-4-103
(2Kb).
ANNOTATION
Law reviews. For article, "One Year Review
of Constitutional and Administrative Law", see
38 Dicta 154 (1961).
Annotator's note. Since § 42-4-1401 is sim-
ilar to § 42-4-1203 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
A finding of knowing or wilful conduct is
sufficient to establish the culpable mental state
of recklessness. People v. Yanaga, 635 P.2d 925
(Colo. App. 1981).
One may be said to be guilty of wanton
behavior when, although the defendant may not
have deliberately intended to injure anyone, he
consciously chooses a dangerous course of ac-
tion which to a reasonable mind creates a strong
probability that injury to others will result. Mar-
tin v. People, 179 Colo. 237, 499 P.2d 606
(1972).
Wanton and wilful disregard not equiva-
lent of wilful or intentional injury. An allega-
tion in a complaint that defendant was guilty of
negligence consisting of wanton and wilful dis-
regard of the rights and safety of others is not
Title 42 - page 467
Regulation of Vehicles and Traffic
42-4-1402
equivalent to an allegation of wilful or inten-
tional injury. Healy v. Hewitt, 101 Colo. 92, 71
P.2d 63 (1937).
One who commits reckless driving neces-
sarily has been guilty of careless driving, for
the greater degree of negligence includes the
lesser. People v. Chapman, 192 Colo. 322, 557
P.2d 1211 (1977).
Both reckless and careless driving offenses
consist of two elements: (1) The act of driving a
motor vehicle; and (2) the state of mind in
"disregard" of or "without due regard" for
safety. People v. Chapman, 192 Colo. 322, 557
P.2d 1211 (1977).
In both reckless and careless driving statutes
the essence of the mental element is disregard of
safety in driving. In both it is the absence of care
which renders the driving criminal. People v.
Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree
of negligence required is far more culpable in
reckless driving than in careless driving, al-
though it falls short of intentional wrongdoing.
People v. Chapman, 192 Colo. 322, 557 P.2d
1211 (1977).
Reckless driving is a lesser included offense
of vehicular eluding. People v. Pena, 962 P.2d
285 (Colo. App. 1997); People v. Esparza-Treto,
_ P.3d _ (Colo. App. 2011).
"Wanton or willful disregard" for safety un-
der this section is essentially the same element
as the "reckless" state of mind specified in
§18-9-116.5. People v. Pena, 962 P.2d 285
(Colo. App. 1997).
Reckless driving is not a lesser included
offense of vehicular homicide or vehicular as-
sault. People v. Clary, 950 P.2d 654 (Colo. App.
1997).
Jury question in civil case. Whether or not
either of the drivers or both were negligent in
violating this section and whether said negli-
gence was the proximate cause of this accident,
or whether it was caused by the joint and con-
current negligence of both, were questions of
fact for the jury to determine. Amos v.
Remington Arms Co., 117 Colo. 399, 188 P.2d
896 (1948).
This section preempts municipal ordi-
nances. Cities and towns not organized as
home-rule cities may not enact or enforce any
ordinance or regulation relating to motor ve-
hicles which supersedes or attempts to nullify a
comparable state statute on reckless driving.
This statute makes complete provision for this
offense, leaving nothing to supplement The
state having preempted the field, the ordinance
must fall. Vanatta v. Town of Steamboat Springs,
146 Colo. 356, 361 P.2d 441 (1961).
Applied in People v. Kreiser, 41 Colo. App.
210, 585 P.2d 301 (1978); State, Motor Vehicle
Div. v. Dayhofif, 199 Colo. 363, 609 P.2d 119
(1980); People v. Mascarenas, 632 P.2d 1028
(Colo. 1981); People v. Roybal, 655 P.2d 410
(Colo. 1982).
42-4-1402. Careless driving - penalty. (1) A person who drives a motor vehicle,
bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent
manner, without due regard for the width, grade, curves, corners, traffic, and use of the
streets and highways and all other attendant circumstances, is guilty of careless driving. A
person convicted of careless driving of a bicycle or electrical assisted bicycle shall not be
subject to the provisions of section 42-2-127.
(2) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (2),
any person who violates any provision of this section commits a class 2 misdemeanor traffic
offense.
(b) If the person's actions are the proximate cause of bodily injury to another, such
person commits a class 1 misdemeanor traffic offense.
(c) If the person's actions are the proximate cause of death to another, such person
commits a class 1 misdemeanor traffic offense.
Source: L. 94: Entire tide amended with relocations, p. 2392, § 1, effective January 1,
1995. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1280, § 58, effective October 1.
L. 2010: (2) amended, (SB 10-204), ch. 243, p. 1080, § 2, effective May 21.
Editor's note: This section is similar to former § 42-4-1204 as it existed prior to 1994, and the
former § 42-4-1402 was relocated to § 42-4-1602.
Cross references: For provision that the operation of vehicles and the movement of pedestrians
pursuant to this section apply upon streets and highways and elsewhere throughout the state, see
§ 42-4-103 (2Kb).
42-4-1403
Vehicles and Traffic
Title 42 -page 468
ANNOTATION
Law reviews. For article, "One Year Review
of Constitutional and Administrative Law", see
38 Dicta 154 (1961). For note, "The Careless
Driver: His Wrong and His Rights", see 38 U.
Colo. L. Rev. 584 (1966).
Annotator's note. Since § 42-4-1402 is sim-
ilar to § 42-4-1204 as it existed prior to the
1994 amendments to title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
This section is applicable and may be en-
forced in connection with acts of careless
driving committed on private property used
as a shopping center parking lot. Clark v.
Bunnell, 172 Colo. 32, 470 P.2d 42 (1970);
People v. Millican, 172 Colo. 561, 474 P.2d 789
(1970); People v. Erb, 173 Colo. 15, 475 P.2d
330 (1970).
This section preempts ordinance. In prose-
cution for violation of traffic ordinance, where
this section makes complete provision for the
offenses involved, leaving nothing to supple-
ment, the ordinance must fall, the state having
preempted the field. City of Aurora v. Mitchell,
144 Colo. 526, 357 P.2d 923 (1960).
One who commits reckless driving neces-
sarily has been guilty of careless driving, for
the greater degree of negligence includes the
lesser. People v. Chapman, 192 Colo. 322, 557
P.2d 1211 (1977).
Both reckless and careless driving offenses
consist of two elements: (1) The act of driving a
motor vehicle; and (2) the state of mind in
"disregard" of or "without due regard" for
safety. People v. Chapman, 192 Colo. 322, 557
P.2d 1211 (1977).
In both reckless and careless driving statutes,
the essence of the mental element is disregard of
safety in driving. In both it is the absence of care
which renders the driving criminal. People v.
Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree
of negligence required is far more culpable in
reckless driving than in careless driving, al-
though it falls short of intentional wrongdoing.
People v. Chapman, 192 Colo. 322, 557 P.2d
1211 (1977).
The actions of a defendant convicted of crim-
inally negligent homicide may be the same as a
person convicted under this section. The enact-
ment by the general assembly of a specific crim-
inal statute does not preclude prosecution under
a general criminal statute unless a legislative
intent to limit prosecution to the specific statute
is shown. Here no such intent is found. People v.
Tow, 992 P.2d 665 (Colo. App. 1999).
A child who is in utero at the time of the
careless driving offense who is subsequently
born alive and dies from injuries sustained due
to the offense can be a victim by virtue of the
plain meaning of the statute. People v. Lage, 232
P.3d 138 (Colo. App. 2009).
Relationship of this section to probationary
license regulation. Since the language of a de-
partment of revenue regulation concerning care-
less driving as an aggravating factor in the de-
nial of a probationary license tracks the
language of this section, a conviction under this
section necessarily qualifies as an aggravating
factor under the regulation. Edwards v. State
Dept. of Rev., 42 Colo. App. 52, 592 P.2d 1345
(1978).
Violation of this section held to be negli-
gence per se. Pyles-Knutzen v. Bd. of County
Comm'rs, 781 P.2d 164 (Colo. App. 1989).
Applied in People v. Dickinson, 197 Colo.
338, 592 P.2d 807 (1979); State Motor Vehicle
Div. v. Dayhoff, 199 Colo. 363, 609 P.2d 119
(1980); Heninger v. Charnes, 200 Colo. 194,
613 R2d 884 (1980);. Smith v. Charnes, 649
P.2d 1089 (Colo. 1982); Sonoda v. State, 664
P.2d 259 (Colo. App. 1983).
42-4-1403. Following fire apparatus prohibited. The driver of any vehicle other than
one on official business shall not follow any fire apparatus traveling in response to a fire
alarm closer than five hundred feet or drive into or park such vehicle within the block where
fire apparatus has stopped in answer to a fire alarm. Any person who violates any provision
of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2392, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1205 as it existed prior to 1994, and the
former § 42-4-1403 was relocated to § 42-4-1603.
42-4-1404. Crossing fire hose. No vehicle shall be driven over any unprotected hose
of a fire department used at any fire, alarm of fire, or practice runs or laid down on any
street, private driveway, or highway without the consent of the fire department official in
command. Any person who violates any provision of this section commits a class B traffic
infraction.
Title 42 - page 469 Regulation of Vehicles and Traffic 42-4-1406
Source: L. 94: Entire title amended with relocations, p. 2392, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1206 as it existed prior to 1994, and the
former § 42-4-1404 was relocated to § 42-4-1604.
ANNOTATION
Applied in People v. Helm, 633 P.2d 1071
(Colo. 1981).
42-4-1405. Riding in trailers. No person shall occupy a trailer while it is being moved
upon a public highway. Any person who violates any provision of this section commits a
class B traffic infraction.
Source: L. 94: Entire tide amended with relocations, p. 2393, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-113 as it existed prior to 1994, and the
former § 42-4-1405 was relocated to § 42-4-1605.
42-4-1406. Foreign matter on highway prohibited. (1) (a) No person shall throw
or deposit upon or along any highway any glass bottle, glass, stones, nails, tacks, wire, cans,
container of human waste, or other substance likely to injure any person, animal, or vehicle
upon or along such highway.
(b) No person shall throw, drop, or otherwise expel a lighted cigarette, cigar, match, or
other burning material from a motor vehicle upon any highway.
(2) Any person who drops, or permits to be dropped or thrown, upon any highway or
structure any destructive or injurious material or lighted or burning substance shall
immediately remove the same or cause it to be removed.
(3) Any person removing a wrecked or damaged vehicle from a highway shall remove
any glass or other injurious substance dropped upon the highway from such vehicle.
(4) No person shall excavate a ditch or other aqueduct, or construct any flume or
pipeline or any steam, electric, or other railway, or construct any approach to a public
highway without written consent of the authority responsible for the maintenance of that
highway.
(5) (a) Except as provided in paragraph (b) of this subsection (5), any person who
violates any provision of this section commits a class B traffic infraction.
(b) (I) Any person who violates any provision of paragraph (b) of subsection ( 1 ) of this
section commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501, C.R.S.
(II) Any person who violates paragraph (a) of subsection (1) of this section by throwing
or depositing a container of human waste upon or along any highway shall be punished by
a fine of five hundred dollars in lieu of the penalty and surcharge prescribed in section
42-4-1701 (4) (a) (I) (N).
(6) As used in mis section:
(a) "Container'* includes, but is not limited to, a bottle, a can, a box, or a diaper.
(b) "Human waste'* means urine or feces produced by a human.
Source: L. 94: Entire title amended with relocations, p. 2393, § 1, effective January 1,
1995. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 52, § 1, effective July 18.
L. 2005: (l)(a) and (5)(b) amended and (6) added, p. 137, § 1, effective April 5. L. 2006:
(5)(b)(I) amended, p. 1512, § 74, effective June 1.
Editor's note: This section is similar to former § 42-4-1207 as it existed prior to 1994, and the
former § 42-4-1406 was relocated to § 42-4-1606.
42-4-1407 Vehicles and Traffic Title 42 - page 470
42-4-1407. Spilling loads on highways prohibited - prevention of spilling of aggre-
gate, trash, or recyclables. (1) No vehicle shall be driven or moved on any highway
unless such vehicle is constructed or loaded or the load thereof securely covered to prevent
any of its load from blowing, dropping, sifting, leaking, or otherwise escaping therefrom;
except that material may be dropped for the purpose of securing traction or water or other
substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
(2) (Deleted by amendment, L. 99, p. 295, § 1, effective July 1, 1999.)
(2.4) (a) A vehicle shall not be driven or moved on a highway if the vehicle is
transporting trash or recyclables unless at least one of the following conditions is met:
(J) The load is covered by a tarp or other cover in a manner that prevents the load from
blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
(II) The vehicle utilizes other technology that prevents the load from blowing, drop-
ping, shifting, leaking, or otherwise escaping from the vehicle;
(III) The load is required to be secured under and complies with 49 CFR parts 392 and
393; or
(IV) The vehicle is loaded in such a manner or the load itself has physical character-
istics such that the contents will not escape from the vehicle. Such a load may include, but
is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables.
(b) Paragraph (a) of this subsection (2.4) shall not apply to a motor vehicle in the
process of collecting trash or recyclables within a one-mile radius of the motor vehicle's last
collection point.
(2.5) (a) No vehicle shall be driven or moved on any highway for a distance of more
than two miles if the vehicle is transporting aggregate material with a diameter of one inch
or less unless:
(I) The load is covered by a tarp or other cover in a manner that prevents the aggregate
material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle;
or
(II) The vehicle utilizes other technology that prevents the aggregate material from
blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle.
(b) Nothing in this subsection (2.5) shall apply to a vehicle:
(I) Operating entirely within a marked construction zone;
(II) Involved in maintenance of public roads during snow or ice removal operations; or
(HI) Involved in emergency operations when requested by a law enforcement agency or
an emergency response authority designated in or pursuant to section 29-22-102, C.R.S.
(2.7) For the purposes of this section:
(a) "Aggregate material" means any rock, clay, silts, gravel, limestone, dimension
stone, marble, and shale; except that "aggregate material'* does not include hot asphalt,
including asphalt patching material, wet concrete, or other materials not susceptible to
blowing.
(b) "Recyclables" means material or objects that can be reused, reprocessed, remanu-
factured, reclaimed, or recycled.
(c) "Trash" means material or objects that have been or are in the process of being
discarded or transported.
(3) (a) Except as otherwise provided in paragraph (b) or (c) of this subsection (3), any
person who violates any provision of this section commits a class B traffic infraction.
(b) Any person who violates any provision of this section while driving or moving a car
or pickup truck without causing bodily injury to another person commits a class A traffic
infraction.
(c) Any person who violates any provision of this section while driving or moving a car
or pickup truck and thereby proximately causes bodily injury to another person commits a
class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2393, § 1, effective January 1,
1995. L. 98: Entire section amended, p. 1101, § 22, effective June 1; entire section
amended, p. 4252, § 2, effective June 4. L. 99: Entire section amended, p. 295, § 1,
Title 42 - page 471 Regulation of Vehicles and Traffic 42-4-1408
effective July 1. L. 2004: (3) amended, p. 241, § 1, effective July 1; (2.4) added and (2.7)
amended, p. 412, § 1, effective August 4. L. 2005: (2.4)(a) amended, p. 104, § 1, effective
April 5.
Editor's note: (1) This section is similar to former § 42-4-1208 as it existed prior to 1994, and
the former § 42-4-1407 was relocated to § 42-4-1607.
(2) Subsection (2.5) was originally numbered as (2) in House Bill 98-1001, but has been
renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 1998 act amending this section,
see section 1 of chapter 312, Session Laws of Colorado 1998.
42-4-1407 .5. Splash guards - when required. (1) As used in this section, unless the
context otherwise requires:
(a) "Splash guards" means mud flaps, rubber, plastic or fabric aprons, or other devices
directly behind the rear-most wheels, designed to minimize the spray of water and other
substances to the rear.
(b) "Splash guards" must, at a minimum, be wide enough to cover the full tread of the
tire or tires being protected, hang perpendicular from the vehicle not more than ten inches
above the surface of the street or highway when the vehicle is empty, and generally maintain
their perpendicular relationship under normal driving conditions.
(2) Except as otherwise permitted in this section, no vehicle or motor vehicle shall be
driven or moved on any street or highway unless the vehicle or motor vehicle is equipped
with splash guards. However, vehicles and motor vehicles with splash guards that violate
this section shall be allowed to remain in service for the time necessary to continue to a
place where the deficient splash guards will be replaced. Such replacement shall occur at the
first reasonable opportunity.
(3) This section does not apply to:
(a) Passenger-carrying motor vehicles registered pursuant to section 42-3-306 (2);
(b) Trucks and truck tractors registered pursuant to section 42-3-306 (4) or (5) having
an empty weight of ten thousand pounds or less;
(c) Trailers equipped with fenders or utility pole trailers;
(d) Vehicles while involved in chip and seal or paving operations or road widening
equipment;
(e) Truck tractors or converter dollies when used in combination with other vehicles;
(f) Vehicles drawn by animals; or
(g) Bicycles or electrical assisted bicycles.
(4) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 99: Entire section added, p. 296, § 2, effective July 1. L. 2006: (3)(a) and
(3)(b) amended, p. 1512, § 75, effective June 1. L. 2009: (2) amended, (SB 09-014), ch.
136, p. 592, § 1, effective August 5; (3)(g) amended, (HB 09-1026), ch. 281, p. 1280, § 59,
effective October 1. L. 2010: (3)(a) and (3)(b) amended, (SB 10-212), ch. 412, p. 2039,
§ 19, effective July 1.
42-4-1408. Operation of motor vehicles on property under control of or owned by
parks and recreation districts. (1) Any metropolitan recreation district, any park and
recreation district organized pursuant to article 1 of title 32, C.R.S., or any recreation district
organized pursuant to the provisions of part 7 of article 20 of title 30, C.R.S., referred to in
this section as a "district**, shall have the authority to designate areas on property owned
or controlled by the district in which the operation of motor vehicles shall be prohibited.
Areas in which it shall be prohibited to operate motor vehicles shall be clearly posted by a
district.
(2) It is unlawful for any person to operate a motor vehicle in an area owned or under
the control of a district if the district has declared the operation of motor vehicles to be
prohibited in such area, as provided in subsection (1) of this section.
42-4-1409 Vehicles and Traffic Title 42 - page 472
(3) Any person who violates any provision of this section commits a class B traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2393, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1212 as it existed prior to 1994, and the
former § 42-4-1408 was relocated to § 42-4-1608.
42-4-1409. Compulsory insurance - penalty - legislative intent (1) No owner of a
motor vehicle or low-power scooter required to be registered in this state shall operate the
vehicle or permit it to be operated on the public highways of this state when the owner has
failed to have a complying policy or certificate of self-insurance in full force and effect as
required by law.
(2) No person shall operate a motor vehicle or low-power scooter on the public
highways of this state without a complying policy or certificate of self-insurance in full
force and effect as required by law.
(3) When an accident occurs, or when requested to do so following any lawful traffic
contact or during any traffic investigation by a peace officer, no owner or operator of a
motor vehicle or low-power scooter shall fail to present to the requesting officer immediate
evidence of a complying policy or certificate of self-insurance in full force and effect as
required by law.
(4) (a). Any person who violates the provisions of subsection (1), (2), or (3) of this
section commits a class 1 misdemeanor traffic offense. The minimum fine imposed by
section 42-4-1701 (3) (a) (II) (A) shall be mandatory, and the defendant shall be punished
by a minimum mandatory fine of not less than five hundred dollars. The court may suspend
up to one half of the fine upon a showing that appropriate insurance as required pursuant
to section 10-4-619 or 10-4-624, C.R.S., has been obtained. Nothing in this paragraph (a)
shall be construed to prevent the court from imposing a fine greater than the minimum
mandatory fine.
(b) Upon a second or subsequent conviction under this section within a period of five
years following a prior conviction under this section, in addition to any imprisonment
imposed pursuant to section 42-4-1701 (3) (a) (II) (A), the defendant shall be punished by
a minimum mandatory fine of not less than one thousand dollars, and the court shall not
suspend such minimum fine. The court or the court collections' investigator may establish
a payment schedule for a person convicted of the provisions of subsection (1), (2), or (3)
of this section, and the provisions of section 16-11-101.6, C.R.S., shall apply. The court may
suspend up to one half of the fine upon a showing that appropriate insurance as required
pursuant to section 10-4-619 or 10-4-624, C.R.S., has been obtained.
(c) In addition to the penalties prescribed in paragraphs (a) and (b) of this subsection
(4), any person convicted pursuant to this section may, at the discretion of the court, be
sentenced to perform not less than forty hours of community service, subject to the
provisions of section 18-1.3-507, C.R.S.
(5) Testimony of the failure of any owner or operator of a motor vehicle or low-power
scooter to present immediate evidence of a complying policy or certificate of self-insurance
in full force and effect as required by law, when requested to do so by a peace officer, shall
constitute prima facie evidence, at a trial concerning a violation charged under subsection
(1) or (2) of this section, that such owner or operator of a motor vehicle violated subsection
(1) or (2) of this section.
(6) No person charged with violating subsection (1), (2), or (3) of this section shall be
convicted if the person produces in court a bona fide complying policy or certificate of
self-insurance that was in full force and effect as required by law at the time of the alleged
violation.
(7) The owner of a motor vehicle or low-power scooter, upon receipt of an affirmation
of insurance as described in section 42-3-113 (2) and (3), shall sign and date such
affirmation in the space provided.
(8) (Deleted by amendment, L. 2003, p. 2648, § 7, effective July 1, 2003.)
Title 42 -page 473
Regulation of Vehicles and Traffic
42-4-1409
(9) It is the intent of the general assembly that the moneys collected as fines imposed
pursuant to paragraphs (a) and (b) of subsection (4) of this section are to be used for the
supervision of the public highways. The general assembly determines that law enforcement
agencies that patrol and maintain the public safety on public highways are supervising the
public highways. The general assembly further determines that a clerk and recorder for a
county is supervising the public highways through his or her enforcement of the require-
ments for demonstration of proof of motor vehicle insurance pursuant to section 42-3-105
(1) (d). Therefore, of the moneys collected from fines pursuant to paragraphs (a) and (b) of
subsection (4) of this section, fifty percent of these moneys shall be transferred to the law
enforcement agency that issued the ticket for a violation of this section. The remaining fifty
percent of the moneys collected from fines for violations of paragraph (a) or (b) of
subsection (4) of this section shall be transmitted to the clerk and recorder for the county
in which the violation occurred.
Source: L. 94: Entire tide amended with relocations, p. 2394, § 1, effective January 1,
1995. L. 95: (4)(c) amended, p. 315, § 4, effective July 1. L. 97: (8) added by revision,
p. 1452, § 8. L. 2001: (8) amended, p. 525, § 12, effective May 22. L. 2002: (4)(c)
amended, p. 1562, § 369, effective October 1. L. 2003: (4)(a) and (4)(b) amended, p. 1885,
§ 2, effective May 22; (1), (2), (3), (4)(a), (4Kb), (5), and (6) amended, p. 1575, § 16,
effective July 1; (1), (2), (3), (4), (5), (6), and (8) amended, p. 2648, § 7, effective July 1.
L. 2004: (4)(a) and (4)(b) amended and (9) added, p. 793, § 3, effective January 1, 2005.
L. 2005: (7) amended, p. 1177, § 18, effective August 8. L. 2006: (9) amended, p. 1512,
§ 76, effective June 1. L. 2009: (1), (2), (3), (5), and (7) amended, (HB 09-1026), ch. 281,
p. 1280, § 60, effective July 1, 2010.
Editor's note: (1) This section is similar to former § 42-4-1213 as it existed prior to 1994, and
the former § 42-4-1409 was relocated to § 42-4-1609.
(2) Amendments to subsections (1), (2), (3), (5), and (6) by House Bill 03-1188 and Senate Bill
03-239 were harmonized
(3) Amendments to subsections (4)(a) and (4)(b) by House Bill 03-1 188, House Bill 03-1223, and
Senate Bill 03-239 were harmonized.
(4) Section 137 of Senate Bill 09-292 changed the effective date of subsections (1), (2), (3), (5),
and (7) from October 1, 2009, to July 1, 2010.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(4)(c), see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
While the legislature has clearly not barred
the holder of legal title from maintaining
liability coverage, it has nevertheless com-
pelled a conditional vendee with an immediate
right of possession to provide the statutorily
required coverage and subjected the vendee to
personal liability and criminal sanctions for fail-
ing to do so. Sachtjen v. Am. Family Mut Ins.
Co., 49 P.3d 1146 (Colo. 2002).
It is not the prosecution's burden to prove,
as an element of the offense, that an officer
requested proof of insurance before an offender
may be convicted under subsection (2). Rather,
the prosecution* s burden is to prove beyond a
reasonable doubt that the offender was driving
and that he or she had no insurance. People v.
Martinez, 179 P.3d 23 (Colo. App. 2007).
Because subsection (6) enacts a safeguard to
protect drivers who have insurance but who are
unable to produce evidence of it when stopped
by an officer, and since the defendant never
asserted or suggested during trial that he had
insurance, the evidence was sufficient to support
the conclusion that defendant was guilty under
subsection (2). People v. Martinez, 179 P.3d 23
(Colo. App. 2007).
Even though peace officer did not explicitly
ask for proof of insurance, there was prima
fade evidence of lack of insurance when de-
fendant did not produce proof of insurance and
such documentation was not found during a
search of the vehicle. People v. Espinoza, 195
P.3d 1122 (Colo. App. 2008).
42-4-1410 Vehicles and Traffic Title 42 - page 474
42-4-1410. Proof of financial responsibility required - suspension of license.
(1) Any person convicted of violating section 42-4-1409 (1) shall file and maintain proof
of financial responsibility for the future as prescribed in sections 42-7-408 to 42-7-412. Said
proof of insurance shall be maintained for a period of three years from the date of
conviction.
(2) The clerk of a court or the judge of a court which has no clerk shall forward to the
executive director of the department of revenue a certified record of any conviction under
section 42-4-1409 (1). Upon receipt of any such certified record, the director shall give
written notice to the person convicted that such person shall be required to provide proof
of financial responsibility for the future for a period of three years from the date of
conviction and advising such person of the manner in which proof is to be provided. If no
proof as required is provided to the director within a period of twenty days from the time
notice is given or if at any time when proof is required to be maintained it is not so
maintained or becomes invalid, the director shall suspend the driver's license of the person
from whom proof is required and shall not reinstate the license of such person until proof
of financial responsibility is provided.
(3) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2395, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 1207, § 2, effective July 1. L. 97: (3) added by
revision, p. 1452, § 8. L. 2001: (3) amended, p. 525, § 13, effective May 22. L. 2003: (3)
amended, p. 2649, § 8, effective July 1. L. 2006: (3) repealed, p. 1011, § 4, effective July
1.
ANNOTATION
Law reviews. For article, "There Must Be
Fifty Ways to Lose Your (Driver's) License",
see 22 Colo. Law. 2385 (1993).
42-4-1411. Use of earphones while driving. (1) (a) No person shall operate a motor
vehicle while wearing earphones.
(b) For purposes of this subsection (1), "earphones" includes any headset, radio, tape
player, or other similar device which provides the listener with radio programs, music, or
other recorded information through a device attached to the head and which covers all of
or a portion of the ears. "Earphones" does not include speakers or other listening devices
which are built into protective headgear.
(2) Any person who violates this section commits a class B traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2395, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-237 as it existed prior to 1994, and the
former § 42-4-1411 was relocated to § 42-4-1611.
42-4-1412. Operation of bicycles and other human-powered vehicles. (1) Every
person riding a bicycle or electrical assisted bicycle shall have all of the rights and duties
applicable to the driver of any other vehicle under this article, except as to special
regulations in this article and except as to those provisions which by their nature can have
no application. Said riders shall comply with the rules set forth in this section and section
42-4-221, and, when using streets and highways within incorporated cities and towns, shall
be subject to local ordinances regulating the operation of bicycles and electrical assisted
bicycles as provided in section 42-4-111.
(2) It is the intent of the general assembly that nothing contained in House Bill No.
1246, enacted at the second regular session of the fifty-sixth general assembly, shall in any
way be construed to modify or increase the duty of the department of transportation or any
Title 42 - page 475 Regulation of Vehicles and Traffic 42-4-1412
political subdivision to sign or maintain highways or sidewalks or to affect or increase the
liability of the state of Colorado or any political subdivision under the "Colorado Govern-
mental Immunity Act", article 10 of title 24, C.R.S.
(3) No bicycle or electrical assisted bicycle shall be used to carry more persons at one
time than the number for which it is designed or equipped.
(4) No person riding upon any bicycle or electrical assisted bicycle shall attach the
same or himself or herself to any motor vehicle upon a roadway.
(5) (a) Any person operating a bicycle or an electrical assisted bicycle upon a roadway
at less than the normal speed of traffic shall ride in the right-hand lane, subject to the
following conditions:
(I) If the right-hand lane then available for traffic is wide enough to be safely shared
with overtaking vehicles, a bicyclist shall ride far enough to the right as judged safe by the
bicyclist to facilitate the movement of such overtaking vehicles unless other conditions
make it unsafe to do so.
(II) A bicyclist may use a lane other than the right-hand lane when:
(A) Preparing for a left turn at an intersection or into a private roadway or driveway;
(B) Overtaking a slower vehicle; or
(C) Taking reasonably necessary precautions to avoid hazards or road conditions.
(III) Upon approaching an intersection where right turns are permitted and there is a
dedicated right-turn lane, a bicyclist may ride on the left-hand portion of the dedicated
right-turn lane even if the bicyclist does not intend to turn right.
(b) A bicyclist shall not be expected or required to:
(I) Ride over or through hazards at the edge of a roadway, including but not limited to
fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface
hazards, or narrow lanes; or
(II) Ride without a reasonable safety margin on the right-hand side of the roadway.
(c) A person operating a bicycle or an electrical assisted bicycle upon a one-way
roadway with two or more marked traffic lanes may ride as near to the left-hand curb or
edge of such roadway as judged safe by the bicyclist, subject to the following conditions:
(I) If the left-hand lane then available for traffic is wide enough to be safely shared with
overtaking vehicles, a bicyclist shall ride far enough to the left as judged safe by the
bicyclist to facilitate the movement of such overtaking vehicles unless other conditions
make it unsafe to do so.
(II) A bicyclist shall not be expected or required to:
(A) Ride over or through hazards at the edge of a roadway, including but not limited
to fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals,
surface hazards, or narrow lanes; or
(B) Ride without a reasonable safety margin on the left-hand side of the roadway.
(6) (a) Persons riding bicycles or electrical assisted bicycles upon a roadway shall not
ride more than two abreast except on paths or parts of roadways set aside for the exclusive
use of bicycles.
(b) Persons riding bicycles or electrical assisted bicycles two abreast shall not impede
the normal and reasonable movement of traffic and, on a laned roadway, shall ride within
a single lane.
(7) A person operating a bicycle or electrical assisted bicycle shall keep at least one
hand on the handlebars at all times.
(8) (a) A person riding a bicycle or electrical assisted bicycle intending to turn left shall
follow a course described in sections 42-4-901 (1), 42-4-903, and 42-4-1007 or may make
a left turn in the manner prescribed in paragraph (b) of this subsection (8).
(b) A person riding a bicycle or electrical assisted bicycle intending to turn left shall
approach the turn as closely as practicable to the right-hand curb or edge of the roadway.
After proceeding across the intersecting roadway to the far corner of the curb or intersection
of the roadway edges, the bicyclist shall stop, as much as practicable, out of the way of
traffic. After stopping, the bicyclist shall yield to any traffic proceeding in either direction
along the roadway that the bicyclist had been using. After yielding and complying with any
official traffic control device or police officer regulating traffic on the highway along which
the bicyclist intends to proceed, the bicyclist may proceed in the new direction.
42-4-1412 Vehicles and Traffic Title 42 - page 476
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (8), the
transportation commission and local authorities in their respective jurisdictions may cause
official traffic control devices to be placed on roadways and thereby require and direct that
a specific course be traveled.
(9) (a) Except as otherwise provided in this subsection (9), every person riding a
bicycle or electrical assisted bicycle shall signal the intention to turn or stop in accordance
with section 42-4-903; except that a person riding a bicycle or electrical assisted bicycle
may signal a right turn with the right arm extended horizontally.
(b) A signal of intention to turn right or left when required shall be given continuously
dining not less than the last one hundred feet traveled by the bicycle or electrical assisted
bicycle before turning and shall be given while the bicycle or electrical assisted bicycle is
stopped waiting to turn. A signal by hand and arm need not be given continuously if the
hand is needed in the control or operation of the bicycle or electrical assisted bicycle.
(10) (a) A person riding a bicycle or electrical assisted bicycle upon and along a
sidewalk or pathway or across a roadway upon and along a crosswalk shall yield the
right-of-way to any pedestrian and shall give an audible signal before overtaking and
passing such pedestrian. A person riding a bicycle in a crosswalk shall do so in a manner
that is safe for pedestrians.
(b) A person shall not ride a bicycle or electrical assisted bicycle upon and along a
sidewalk or pathway or across a roadway upon and along a crosswalk where such use of
bicycles or electrical assisted bicycles is prohibited by official traffic control devices or local
ordinances. A person riding a bicycle or electrical assisted bicycle shall dismount before
entering any crosswalk where required by official traffic control devices or local ordinances.
(c) A person riding or walking a bicycle or electrical assisted bicycle upon and along
a sidewalk or pathway or across a roadway upon and along a crosswalk shall have all the
rights and duties applicable to a pedestrian under the same circumstances, including, but not
limited to, the rights and duties granted and required by section 42-4-802.
(d) (Deleted by amendment, L. 2005, p. 1353, § 1, effective July 1, 2005.)
(1 1) (a) A person may park a bicycle or electrical assisted bicycle on a sidewalk unless
prohibited or restricted by an official traffic control device or local ordinance.
(b) A bicycle or electrical assisted bicycle parked on a sidewalk shall not impede the
normal and reasonable movement of pedestrian or other traffic.
(c) A bicycle or electrical assisted bicycle may be parked on the road at any angle to
the curb or edge of the road at any location where parking is allowed.
(d) A bicycle or electrical assisted bicycle may be parked on the road abreast of another
such bicycle or bicycles near the side of the road or any location where parking is allowed
in such a manner as does not impede the normal and reasonable movement of traffic.
(e) In all other respects, bicycles or electrical assisted bicycles parked anywhere on a
highway shall conform to the provisions of part 12 of this article regulating the parking of
vehicles.
(12) (a) Any person who violates any provision of this section commits a class 2
misdemeanor traffic offense; except that section 42-2-127 shall not apply.
(b) Any person riding a bicycle or electrical assisted bicycle who violates any provision
of this article other than this section which is applicable to such a vehicle and for which a
penalty is specified shall be subject to the same specified penalty as any other vehicle;
except that section 42-2-127 shall not apply.
(13) Upon request, the law enforcement agency having jurisdiction shall complete a
report concerning an injury or death incident that involves a bicycle or electrical assisted
bicycle on the roadways of the state, even if such accident does not involve a motor vehicle.
(14) Except as authorized by section 42-4- 1 1 1 , the rider of an electrical assisted bicycle
shall not use the electrical motor on a bike or pedestrian path.
Source: L. 94: Entire title amended with relocations, p. 2395, § 1, effective January 1,
1995. L. 2005: (6)(a)(I), (9)(a), and (10) amended and (13) added, p. 1353, § 1, effective
July 1. L. 2009: (5) and (6) R&RE, (SB 09-148), ch. 239, p. 1089, § 6, effective August
5; (1), (3), (4), IP(5), (5)(a), IP(6)(a), (6)(a)(II), (7), (8)(a), (8)(b), (9), (10)(a), (10)(b),
Title 42 - page 477
Regulation of Vehicles and Traffic
42-4-1414
(10)(c), (11), (12)(b), and (13) amended and (14) added, (HB 09-1026), ch. 281, p. 1281,
§§ 62, 61, effective October 1; IP(5Xa), IP(5)(c), and (6) amended, (SB 09-292), ch. 369,
p. 1987, § 139, effective October 1.
Editor's note: (1) This section is similar to former § 42-4-106.5 as it existed prior to 1994.
(2) Subsection (2) refers to House Bill No. 1246, enacted at the second regular session of the
fifty-sixth general assembly. That bill can be found in chapter 299, Session Laws of Colorado 1988.
(3) Amendments to the introductory portion to subsection (5), subsection (5)(a), the introductory
portion to subsection (6), and subsection (6)(a)(II) by House Bill 09-1026 were superseded by Senate
Bill 09-148.
42-4-1413. Eluding or attempting to elude a police officer. Any operator of a motor
vehicle who the officer has reasonable grounds to believe has violated a state law or
municipal ordinance, who has received a visual or audible signal such as a red light or a
siren from a police officer driving a marked vehicle showing the same to be an official
police, sheriff, or Colorado state patrol car directing the operator to bring the operator's
vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her
lights in an attempt to elude such police officer, or willfully attempts in any other manner
to elude the police officer, or does elude such police officer commits a class 2 misdemeanor
traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2398, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1512 as it existed prior to 1994.
Cross references: For provision that the operation of vehicles and the movement of pedestrians
pursuant to this section apply upon streets and highways and elsewhere throughout the state, see
§ 42-4-103 (2)(b).
ANNOTATION
Annotator's note. Since § 42-4-1413 is sim-
ilar to § 42-4-1512 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included in the annotations to this
section.
Fleeing on foot is included in the phrase
"any other manner" of eluding, and the
maxim ejusdem generis does not limit eluding to
only those situations in which the operator uses
the motor vehicle to elude the police officer,
particularly given that § 18-9-116.5
criminalizes vehicular eluding while recklessly
operating a motor vehicle. People v. Espinoza,
195 P.3d 1122 (Colo. App. 2008).
Crime of eluding a police officer is not a
lesser-included offense of vehicular eluding,
as denned in § 18-9-116.5. People v. Fury, 872
P.2d 1280 (Colo. App. 1993); People v. Pena,
962 P.2d 285 (Colo. App. 1997); People v.
Esparza-Treto, ___ P.3d __ (Colo. App. 2011).
Applied in Brutcher v. District Court, 195
Colo. 579, 580 P.2d 396 (1978); People v.
Mascarenas, 632 P.2d 1028 (Colo. 1981).
42-4-1414. Use of dyed fuel on highways prohibited. ( 1 ) No person shall operate a
motor vehicle upon any highway of the state using diesel fuel dyed to show that no taxes
have been collected on the fuel.
(2) (a) Any person who violates subsection (1) of this section commits a class B traffic
infraction.
(b) Any person who commits a second violation of subsection ( 1 ) of this section within
a twelve-month period shall be subject to an increased penalty pursuant to section
42-4-1701 (4) (a) (I) (N).
(c) Any person who commits a third or subsequent violation of subsection (1) of this
section within a twelve-month period shall be subject to an increased penalty pursuant to
section 42-4-1701 (4) (a) (I) (N).
42-4-1415 Vehicles and Traffic Title 42 - page 478
(3) Any person violating any provision of this section shall be subject to audit by the
department regarding payment of motor fuel tax.
Source: L. 99: Entire section added, p. 665, § 2, effective May 18.
42-4-1415. Radar jamming devices prohibited - penalty. (1) (a) No person shall
use, possess, or sell a radar jamming device.
(b) No person shall operate a motor vehicle with a radar jamming device in the motor
vehicle.
(2) (a) For purposes of this section, "radar jamming device" means any active or
passive device, instrument, mechanism, or equipment that is designed or intended to
interfere with, disrupt, or scramble the radar or laser that is used by law enforcement
agencies and peace officers to measure the speed of motor vehicles. "Radar jamming
device" includes but is not limited to devices commonly referred to as "jammers" or
"scramblers".
(b) For purposes of this section, "radar jamming device" shall not include equipment
that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other
similar electronic equipment.
(3) Radar jamming devices are subject to seizure by any peace officer and may be
confiscated and destroyed by order of the court in which a violation of this section is
charged.
(4) A violation of subsection (1 ) of this section is a class 2 misdemeanor traffic offense,
punishable as provided in section 42-4-1701 (3) (a) (II) (A).
(5) The provisions of subsection (1) of this section shall not apply to peace officers
acting in their official capacity.
Source: L. 2005: Entire section added, p. 340, § 1, effective July 1.
42-4-1416. Failure to present a valid transit pass or coupon - fare inspector
authorization - definitions. (1) A person commits failure to present a valid transit pass
or coupon if the person occupies, rides in, or uses a public transportation vehicle without
paying the applicable fare or providing a valid transit pass or coupon.
(2) A person shall not occupy, ride in, or use a public transportation vehicle without
possession of proof of prior fare payment. A person shall present proof of prior fare payment
upon demand of a fare inspector appointed or employed pursuant to subsection (4) of this
section, a peace officer, or any other employee or agent of a public transportation entity.
(3) A violation of this section is a class B traffic infraction and is punishable by a fine
of seventy-five dollars. Notwithstanding any other provision of law, fines for a violation of
subsection (1) of this section shall be retained by the clerk of the court in the city and county
of Denver upon receipt by the clerk for a violation occurring within that jurisdiction, or
transmitted to the state judicial department if the fine is receipted by the clerk of the court
of any other county.
(4) (a) Public transportation entities may appoint or employ, with the power of
removal, fare inspectors as necessary to enforce the provisions of this section. The
employing public transportation entity shall determine the requirements for employment as
a fare inspector.
(b) A fare inspector appointed or employed pursuant to this section is authorized to
enforce the provisions of mis section while acting within the scope of his or her authority
and in the performance of his or her duties. A fare inspector is authorized to issue a citation
to a person who commits failure to provide a valid transit pass or coupon in violation of this
section. The fare inspector shall issue a citation on behalf of the county in which the person
occupying, riding in, or using a public transportation vehicle without paying the applicable
fare is located at the time the violation is discovered. The public transportation entity whose
fare inspector issued the citation shall timely deliver the citation to the clerk of the county
court for the jurisdiction in which the accused person is located at the time the violation is
discovered.
Title 42 - page 479 Regulation of Vehicles and Traffic 42-4-1502
(5) As used in this section, unless the context otherwise requires:
(a) "Proof of prior fare payment" means:
(1) A transit pass valid for the day and time of use;
(II) A receipt showing payment of the applicable fare for use of a public transportation
vehicle during the day and time specified in the receipt; or
(IE) A prepaid ticket or series of tickets showing cancellation by a public transportation
entity used within the day and time specified in the ticket.
(b) "Public transportation entity" means a mass transit district, a mass transit authority,
or any other public entity authorized under the laws of this state to provide mass
transportation services to the general public.
(c) "Public transportation vehicle** means a bus, a train, a light rail vehicle, or any other
mode of transportation used by a public transportation entity to provide transportation
services to the general public.
(d) "Transit pass" means any pass, coupon, transfer, card, identification, token, ticket,
or other document, whether issued by a public transportation entity or issued by an
employer to employees pursuant to an agreement with a public transportation entity, used
to obtain public transit.
Source: L. 2012: Entire section added, (SB 12-044), ch. 274, p. 1446, § 1, effective
June 8.
PART 15
MOTORCYCLES
Cross references: For minimum safety standards for motorcycles, see § 42-4-232; for penalties for
class A traffic infractions, see § 42-4-1701 (3)(a)(I).
42-4-1501. Traffic laws apply to persons operating motorcycles - special permits.
(1) Every person operating a motorcycle shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of any other vehicle under this article,
except as to special regulations in this article and except as to those provisions of this article
which by their nature can have no application,
(2) For the purposes of a prearranged organized special event and upon a showing that
safety will be reasonably maintained, the department of transportation may grant a special
permit exempting the operation of a motorcycle from any requirement of this part 15.
Source: L. 94: Entire tide amended with relocations, p. 2398, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1301 as it existed prior to 1994, and the
former § 42-4-1501 was relocated to § 42-4-1701.
42-4-1502. Riding on motorcycles - protective helmet (1) A person operating a
motorcycle shall ride only upon the permanent and regular seat attached thereto, and such
operator shall not carry any other person nor shall any other person ride on a motorcycle
unless such motorcycle is designed to carry more man one person, in which event a
passenger may ride upon the permanent seat if designed for two persons or upon another
seat firmly attached to the motorcycle at the rear or side of the operator.
(2) A person shall ride upon a motorcycle only while sitting astride the seat, facing
forward, with one leg on either side of the motorcycle.
(3) No person shall operate a motorcycle while carrying packages, bundles, or other
articles which prevent the person from keeping both hands on the handlebars.
(4) No operator shall carry any person nor shall any person ride in a position that will
interfere with the operation or control of the motorcycle or the view of the operator.
(4.5) (a) A person shall not operate or ride as a passenger on a motorcycle or
low-power scooter on a roadway unless:
42-4-1503 Vehicles and Traffic Title 42 - page 480
(I) Each person under eighteen years of age is wearing a protective helmet of a type and
design manufactured for use by operators of motorcycles;
(II) The protective helmet conforms to the design and specifications set forth in
paragraph (b) of this subsection (4.5); and
(HI) The protective helmet is secured properly on the person' s head with a chin strap
while the motorcycle is in motion,
(b) A protective helmet required to be worn by this subsection (4.5) shall:
(1) Be designed to reduce injuries to the user resulting from head impacts and to protect
the user by remaining on the user's head, deflecting blows, resisting penetration, and
spreading the force of impact;
(II) Consist of lining, padding, and chin strap; and
(HI) Meet or exceed the standards established in the United States department of
transportation federal motor vehicle safety standard no. 218, 49 CFR 571.218, for motor-
cycle helmets.
(5) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2398, § 1, effective January 1,
1995. L. 2007: (4.5) added, p. 1480, § 1, effective July 1. L. 2009: IP(4.5)(a) and
(4.5)(a)(I) amended, (HB 09-1026), ch. 281, p. 1283, § 63, effective October 1.
Editor's note: This section is similar to former § 42-4-1302 as it existed prior to 1994, and the
former § 42-4-1502 was relocated to § 42-4-1703.
42-4-1503. Operating motorcycles on roadways laned for traffic. (1) All motor-
cycles are entitled to full use of a traffic lane, and no motor vehicle shall be driven in such
a manner as to deprive any motorcycle of the full use of a traffic lane. This subsection (1)
shall not apply to motorcycles operated two abreast in a single lane.
(2) The operator of a motorcycle shall not overtake or pass in the same lane occupied
by the vehicle being overtaken.
(3) No person shall operate a motorcycle between lanes of traffic or between adjacent
lines or rows of vehicles.
(4) Motorcycles shall not be operated more than two abreast in a single lane.
(5) Subsections (2) and (3) of this section shall not apply to police officers in the
performance of their official duties.
(6) Any person who violates any provision of this section commits a class A traffic
infraction.
Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1303 as it existed prior to 1994, and the
former § 42-4-1503 was relocated to § 42-4-1704.
42-4-1504. Clinging to other vehicles. No person riding upon a motorcycle shall
attach himself, herself, or the motorcycle to any other vehicle on a roadway. Any person
who violates any provision of this section commits a class A traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1304 as it existed prior to 1994, and the
former § 42-4-1504 was relocated to § 42-4-1705.
Title 42 -page 481
Regulation of Vehicles and Traffic
42-4-1601
PART 16
ACCIDENTS AND ACCIDENT REPORTS
Editor's note: Section 42-4-103 (2)(b) provides that the provisions of this part 16 apply to the
operation of vehicles and the movement of pedestrians upon streets and highways and elsewhere
throughout the state.
Cross references: For penalties for class 1 and class 2 misdemeanor traffic offenses, see § 42-4-
1701 (3Xa)(II).
42-4-1601. Accidents involving death or personal injuries - duties. (1) The driver
of any vehicle directly involved in an accident resulting in injury to, serious bodily injury
to, or death of any person shall immediately stop such vehicle at the scene of such accident
or as close to the scene as possible or shall immediately return to the scene of the accident
The driver shall then remain at the scene of the accident until the driver has fulfilled the
requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing
traffic more than is necessary.
(1.5) It shall not be an offense under this section if a driver, after fulfilling the
requirements of subsection (1) of this section and of section 42-4-1603 (1), leaves the scene
of the accident for the purpose of reporting the accident in accordance with the provisions
of sections 42-4-1603 (2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 4 felony if the accident resulted in serious bodily injury to any person;
(c) A class 3 felony if the accident resulted in the death of any person.
(3) The department shall revoke the driver's license of the person so convicted.
(4) As used in this section and sections 42-4-1603 and 42-4-1606:
(a) "Injury** means physical pain, illness, or any impairment of physical or mental
condition.
(b) "Serious bodily injury** means injury that involves, either at the time of the actual
injury or at a later time, a substantial risk of death, a substantial risk of serious permanent
disfigurement, or a substantial risk of protracted loss or impairment of the function of any
part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Source: L. 94: Entire title amended with relocations, p. 2399, § 1, effective January 1,
1995. L. 98: (2)(b) amended, p. 1443, § 32, effective July 1. L. 2000: (4)(b) amended, p.
709, § 44, effective July 1. L. 2004: (1) amended and (1.5) added, p. 606, § 1, effective
July 1. L. 2008: (2)(c) amended, p. 850, § 1, effective July 1. L. 2012: (1) and (2)(b)
amended, (HB 12-1084), ch. 261, p. 1354, § 1, effective August 8.
Editor's note: This section is similar to former § 42-4-1401 as it existed prior to 1994, and the
former § 42-4-1601 was relocated to § 42-4-1801.
ANNOTATION
Annotator's note. Since § 42-4-1601 is sim-
ilar to § 42-4-1401 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Sentencing under this section unconstitu-
tional. Sentencing a defendant under this sec-
tion unconstitutionally denies him equal protec-
tion, because this section and § 42-4-1403 set
different penalties for the same conduct. People
v. Mumaugh, 644 P.2d 299 (Colo. 1982) (de-
cided prior to 1983 repeal of § 42-4-1403 (3)).
The distinction, if any, between "directly in-
volved in an accident" (this section) and "in-
volved in an accident" (§ 42-4-1403) is one
without a sufficiently pragmatic difference to
permit an intelligent and uniform application of
the law. People v. Mumaugh, 644 P.2d 299
(Colo. 1982) (decided prior to 1983 repeal of
§ 42-4-1403 (3)).
No violation of equal protection. This sec-
tion does not violate equal protection of the laws
because the conduct constituting a class 4 felony
under this section (i.e., leaving the scene of an
accident resulting in death) is distinguishable in
42-4-1602
Vehicles and Traffic
Title 42 -page 482
type and degree from the conduct constituting a
class 2 traffic offense under § 42-4-1406 (i.e.,
failing to report an accident). People v.
Rickstrew, 775 P.2d 570 (Colo. 1989).
This section and § 42-4-1402 cover acci-
dents involving death, injuries, and property
damage. City of Aurora v. Mitchell, 144 Colo.
526, 357 P.2d 923 (1960).
A county court has jurisdiction over the
subject matter of offenses alleged to have
been committed under this section. People v.
Griffith, 130 Colo. 475, 276 P.2d 559 (1954).
Infractions of section are matters of gen-
eral public concern and not purely local. The
investigation and apprehension of a violator of
the requirements of this and § 42-4-1403 is not
exclusively a local matter. Infractions of these
provisions are of general public concern. More-
over, these requirements do not necessarily re-
late to traffic control, but provide certain neces-
sary actions on the part of the motorist involved
to be taken after an accident occurs to protect
the life and property of the injured. When these
offenses are charged they come under the gen-
eral police power of the state and do not neces-
sarily relate to regulation of motor vehicle traffic
of a "local or municipal" nature, although oc-
curring in a municipality. People v. Graham, 107
Colo. 202, 110 P.2d 256 (1941).
Fault and extent of damages are not issues.
This section and § 42-4-1403 do not contem-
plate that in a prosecution thereunder the court
shall be concerned in determining where the
fault lies. Nor may it be concerned about the
extent of injuries to persons or damage to prop-
erty resulting from an accident made the basis of
such a prosecution. Those questions are refer-
able to a prosecution under a different statute, or
to a civil action for damages. It is not the
accident, as such, therefore, that constitutes the
offense. Weiderspon v. People, 118 Colo. 529,
198 P.2d 301 (1948).
This section creates a strict liability offense
because the plain language does not require or
imply a culpable mental state, the proscribed
conduct does not necessarily involve a culpable
mental state, and the fact that the offense is a
felony is not determinative. Due process is not
violated because the offense is against the public
welfare. People v. Manzo, 144 P.3d 551 (Colo.
2006).
This section and § 42-4-1603 require a
driver of a vehicle involved in an accident to
identify himself or herself as the driver. Un-
less the fact is reasonably apparent from the
circumstances, the driver has an affirmative duty
to identify that he or she was the one driving the
motor vehicle. People v. Hernandez, 250 P.3d
568 (Colo. 2010).
Applied in People v. Reyes, 42 Colo. App.
73, 589 P.2d 1385 (1979); Lumbardy v. People,
625 P.2d 1026 (Colo. 1981); Stewart v. United
States, 716 F.2d 755 (10th Cir. 1982).
42-4-1602. Accident involving damage - duty. ( 1 ) The driver of any vehicle directly
involved in an accident resulting only in damage to a vehicle which is driven or attended
by any person shall immediately stop such vehicle at the scene of such accident or as close
thereto as possible but shall immediately return to and in every event shall remain at the
scene of such accident, except in the circumstances provided in subsection (2) of this
section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop
shall be made without obstructing traffic more than is necessary. Any person who violates
any provision of this subsection (1) commits a class 2 misdemeanor traffic offense.
(2) When an accident occurs on the traveled portion, median, or ramp of a divided
highway and each vehicle involved can be safely driven, each driver shall move such
driver's vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage
road, the nearest suitable cross street, or other suitable location to fulfill the requirements
of section 42-4-1603.
Source: L. 94: Entire title amended with relocations, p. 2400, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1402 as it existed prior to 1994, and the
former § 42-4-1602 was relocated to § 42-4-1802.
ANNOTATION
Annotator's note. Since § 42-4-1602 is sim-
ilar to § 42-4-1402 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
This section and § 42-4-1401 cover acci-
dents involving death, injuries, and property
Title 42 - page 483
Regulation of Vehicles and Traffic
42-4-1604
damage. City of Aurora v. Mitchell, 144 Colo.
526, 357 P.2d 923 (1960).
Section applies only to accidents involving
damage to vehicle which is driven or attended
by another person. Lumbardy v. People, 625
P.2d 1026 (Colo. 1981).
Section cannot serve as basis of conviction
for leaving the scene of a single-car accident.
Lumbardy v. People, 625 P.2d 1026 (Colo.
1981).
42-4-1603. Duty to give notice, information, and aid. (1) The driver of any vehicle
involved in an accident resulting in injury to, serious bodily injury to, or death of any person
or damage to any vehicle which is driven or attended by any person shall give the driver's
name, the driver's address, and the registration number of the vehicle he or she is driving
and shall upon request exhibit bis or her driver's license to the person struck or the driver
or occupant of or person attending any vehicle collided with and where practical shall
render to any person injured in such accident reasonable assistance, including the carrying,
or the making of arrangements for the carrying, of such person to a physician, surgeon, or
hospital for medical or surgical treatment if it is apparent that such treatment is necessary
or if the carrying is requested by the injured person.
(2) In the event that none of the persons specified are in condition to receive the
information to which they otherwise would be entitled under subsection (1) of this section
and no police officer is present, the driver of any vehicle involved in such accident after
fulfilling all other requirements of subsection (1) of this section, insofar as possible on the
driver's part to be performed, shall immediately report such accident to the nearest office
of a duly authorized police authority as required in section 42-4-1606 and submit thereto the
information specified in subsection (1) of this section.
Source: L. 94: Entire tide amended with relocations, p. 2400, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1403 as it existed prior to 1994, and the
former § 42-4-1603 was relocated to § 42-4-1803.
ANNOTATION
Annotator's note. Since § 42-4-1603 is sim-
ilar to § 42-4-1403 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Same conduct covered by this section and
§ 42-4-1401. Sentencing a defendant under
§ 42-4-1401 unconstitutionally denies him
equal protection, because that section and mis
section set different penalties for the same con-
duct. People v. Mumaugh, 644 P.2d 299 (Colo.
1982) (decided prior to 1983 repeal of subsec-
tion (3)).
The distinction, if any, between "directly in-
volved in an accident" (§ 42-4-1401) and "in-
volved in an accident'* (this section) is one
without a sufficiently pragmatic difference to
permit an intelligent and uniform application of
the law. People v. Mumaugh, 644 P.2d 299
(Colo. 1982) (decided prior to 1983 repeal of
subsection (3)).
This section and § 42-4-1601 require a
driver of a vehicle involved in an accident to
identify himself or herself as the driver. Un-
less the fact is reasonably apparent from the
circumstances, the driver has an affirmative duty
to identify that he or she was the one driving the
motor vehicle. People v. Hernandez, 250 P.3d
568 (Colo. 2010).
Applied in Lumbardy v. People, 625 P.2d
1026 (Colo. 1981); Stewart v. United States, 716
F.2d 755 (10th Cir. 1982).
42-4-1604. Duty upon striking unattended vehicle or other property. The driver of
any vehicle which collides with or is involved in an accident with any vehicle or other
property which is unattended resulting in any damage to such vehicle or other property shall
immediately stop and either locate and notify the operator or owner of such vehicle or other
property of such fact, the driver's name and address, and the registration number of the
vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle
or other property a written notice giving the driver's name and address and the registration
number of the vehicle he or she is driving. The driver shall also make report of such
42-4-1605 Vehicles and Traffic Title 42 - page 484
accident when and as required in section 42-4-1606. Every stop shall be made without
obstructing traffic more than is necessary. This section shall not apply to the striking of
highway fixtures or traffic control devices which shall be governed by the provisions of
section 42-4-1605. Any person who violates any provision of this section commits a class
2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2401, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1404 as it existed prior to 1994, and the
former § 42-4-1604 was relocated to § 42-4-1804.
ANNOTATION
Annotator's note. Since § 42-4-1604 is sim- has bee included with the annotations to this
ilar to § 42-4-1404 as it existed prior to the section.
1994 amending of title 42 as enacted by SB Applied in Ruth v. County Court, 198 Colo.
94-1, a relevant case construing that provision 6, 595 P.2d 237 (1979).
42-4-1605. Duty upon striking highway fixtures or traffic control devices. The
driver of any vehicle involved in an accident resulting only in damage to fixtures or traffic
control devices upon or adjacent to a highway shall notify the road authority in charge of
such property of that fact and of the driver* s name and address and of the registration
number of the vehicle he or she is driving and shall make report of such accident when and
as required in section 42-4-1606. Any person who violates any provision of this section
commits a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2401, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1405 as it existed prior to 1994, and the
former § 42-4-1605 was relocated to § 42-4-1805.
ANNOTATION
Annotator's note. Since § 42-4-1605 is sim- Area preempted by state. This section cov-
ilar to § 42-4-1405 as it existed prior to the ers the subject matter of a driver's "duty upon
1994 amending of title 42 as enacted by SB striking highway fixtures", and this field has
94-1, a relevant case construing that provision been preempted by the state. City of Aurora v.
has been included with the annotations to this Mitchell, 144 Colo. 526, 357 P.2d 923 (1960).
section.
42-4-1606. Duty to report accidents. (1) The driver of a vehicle involved in a traffic
accident resulting in injury to, serious bodily injury to, or death of any person or any
property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-
1603 (1), give immediate notice of the location of such accident and such other information
as is specified in section 42-4-1603 (2) to the nearest office of the duly authorized police
authority and, if so directed by the police authority, shall immediately return to and remain
at the scene of the accident until said police have arrived at the scene and completed their
investigation thereat.
(2) Repealed.
(3) The department may require any driver of a vehicle involved in an accident of
which report must be made as provided in this section to file supplemental reports whenever
the original report is insufficient in the opinion of the department and may require witnesses
of accidents to render reports to the department.
(4) (a) (I) It is the duty of all law enforcement officers who receive notification of
traffic accidents within their respective jurisdictions or who investigate such accidents either
Title 42 - page 485
Regulation of Vehicles and Traffic
42-4-1606
at the time of or at the scene of the accident or thereafter by interviewing participants or
witnesses to submit reports of all such accidents to the department on the form provided,
including insurance information received from any driver, within five days of the time they
receive such information or complete their investigation. The law enforcement officer shall
indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated
and deployed in the accident. For the pur poses of this section, "inflatable restraint system"
has the same meaning as set forth in 49 CFR sec. 507.208 S4. 1.5.1 (b).
(II) Repealed.
(b) The law enforcement officer shall not be required to complete an investigation or
file an accident report:
(I) In the case of a traffic accident involving a motor vehicle, if the law enforcement
officer has a reasonable basis to believe that damage to the property of any one person does
not exceed one thousand dollars and if the traffic accident does not involve injury to or death
of any person; except that the officer shall complete an investigation and file a report if
specifically requested to do so by one of the participants or if one of the participants cannot
show proof of insurance; or
(II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident
does not involve serious bodily injury to or death of any person.
(5) The person in charge at any garage or repair shop to which is brought any motor
vehicle which shows evidence of having been struck by any bullet shall report to the nearest
office of the duly authorized police authority within twenty-four hours after such motor
vehicle is received, giving the vehicle identification number, registration number, and, if
known, the name and address of the owner and operator of such vehicle together with any
other discernible information.
(6) Any person who violates any provision of this section commits a class 2 misde-
meanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2401, § 1, effective January 1,
1995. L. 96: (2) and (4) amended, p. 1208, § 3, effective July 1. L. 97: (4)(a)(I) amended,
p. 798, § 6, effective August 6. L. 2004: (2) and (4Xa)(H) repealed, p. 463, § 2, effective
August 4.
ANNOTATION
Annotator's note. Since § 42-4-1606 is sim-
ilar to § 42-4-1406 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
This section deals with reporting. City of
Aurora v. Mitchell, 144 Colo. 526, 357 P.2d 923
(1960).
The conduct constituting a class 4 felony
under § 42-4-1401 (i.e*, leaving the scene of
an accident resulting in death) is distinguish-
able in type and degree from the conduct con-
stituting a class 2 traffic offense under this sec-
tion (i.e. failing to report an accident); therefore,
there is no implication of equal protection. Peo-
ple v. Rickstrew, 775 P.2d 570 (Colo. 1989).
This section requires that, if the accident
involves injury, death, or property damage in
excess of $100, the motorist file a written report
with the department of revenue, and that law
enforcement officers shall conduct an accident
investigation and file a written report. People v.
Reyes, 42 Colo. App. 73, 589 P.2d 1385 (1979).
Operator's duties in one-car accident This
section, rather than § 42-4-1402, defines the
duties incumbent upon the operator of a vehicle
involved in a one-car accident. Lumbardy v.
People, 625 P.2d 1026 (Colo. 1981).
Driver must immediately report accident
and must receive permission to leave. While
this section initially grants authority to a driver
to leave the scene of an accident, he must im-
mediately report the accident to a proper author-
ity and must receive specific permission from
that authority before he is excused from any
further presence at the scene of the accident.
Gammon v. State Dept. of Rev., 32 Colo. App.
437, 513 P.2d 748 (1973).
But where no law enforcement officer is at
automobile accident scene before driver is
taken to hospital, the driver is free to wait and
give notice of the accident to the nearest office
of a duly authorized police authority, to be fol-
lowed by a written report within 10 days. People
v. Reyes, 42 Colo. App. 73, 589 P.2d 1385
(1979).
Officer who investigates accident is foresee-
able plaintiff. If a driver causes an accident, it is
foreseeable that public safety officers will re-
spond to the scene, and the driver has a duty to
42-4-1607 Vehicles and Traffic Title 42 - page 486
exercise due care toward the officer consistent eluded within the meaning of the term "leaving
with the laws of negligence as applied in this scene of accident" as used in section 42-2-123.
state. Banyai v. Arruda, 799 P.2d 441 (Colo. Gammon v. State Dept. of Rev., 32 Colo. App.
App. 1990). 437, 513 P.2d 748 (1973).
Violation of section included in term "leav- Applied in Stewart v. United States, 716 F.2d
ing scene of accident". The general assembly 755 (10th Cir. 1982).
intended that a violation of this section be in-
42-4-1607. When driver unable to give notice or make written report (1) When-
ever the driver of a vehicle is physically incapable of giving an immediate notice of an
accident as required in section 42-4-1606 (1) and there was another occupant in the vehicle
at the time of the accident capable of doing so, such occupant shall give or cause to be given
the notice not given by the driver.
(2) Repealed.
(3) Any person who violates any provision of this section commits a class 2 misde-
meanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2403, § 1, effective January 1,
1995. L. 2004: (3) added, p. 606, § 2, effective July 1; (2) repealed, p. 463, § 3, effective
August 4.
Editor's note: This section is similar to former § 42-4-1407 as it existed prior to 1994, and the
former § 42-4-1607 was relocated to § 42-4-1807.
42-4-1608. Accident report forms. (1) The department shall prepare and upon
request supply to police departments, coroners, sheriffs, and other suitable agencies or
individuals forms for accident reports required under this article, which reports shall call for
sufficiently detailed information to disclose, with reference to a traffic accident, the
contributing circumstances, the conditions then existing, and the persons and vehicles
involved.
(2) Every required accident report shall be made on a form approved by the department,
where such form is available.
Source: L. 94: Entire title amended with relocations, p. 2403, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1408 as it existed prior to 1994, and the
former § 42-4-1608 was relocated to § 42-4-1808.
42-4-1609. Coroners to report Every coroner or other official performing like func-
tions shall on or before the tenth day of each month report in writing to the department the
death of any person within such official's jurisdiction during the preceding calendar month
as the result of an accident involving a motor vehicle and the circumstances of such
accident.
Source: L. 94: Entire title amended with relocations, p. 2403, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1409 as it existed prior to 1994, and the
former § 42-4-1609 was relocated to § 42-4-1809.
ANNOTATION
Law reviews. For article, "Scientific Find-
ings on Death and Coroner's Inquest", see 20
Rocky Mt. L. Rev. 197 (1948).
Title 42 - page 487
Regulation of Vehicles and Traffic
42-4-1611
42-4-1610. Reports by interested parties confidential. All accident reports and
supplemental reports required by law to be made by any driver, owner, or person involved
in any accident shall be without prejudice to the individual so reporting and shall be for the
confidential use of the department; except that the department may disclose the identity of
a person involved in an accident when such identity is not otherwise known or when such
person denies his or her presence at such accident. Except as provided in section 42-7-504
(2), no such report shall be used as evidence in any trial, civil or criminal, arising out of an
accident; except that the department shall furnish, upon demand of any person who has, or
claims to have, made such a report or upon demand of any court, a certificate showing that
a specified accident report has or has not been made to the department solely to prove a
compliance or failure to comply with the requirement that such a report be made to the
department. This section shall not be construed to mean that reports of investigation or other
reports made by sheriffs, police officers, coroners, or other peace officers shall be confi-
dential, but the same shall be public records and shall be subject to the provisions of section
42-1-206.
Source: L. 94: Entire title amended with relocations, p. 2403, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1410 as it existed prior to 1994, and the
former § 42-4-1610 was relocated to § 42-4-1810.
ANNOTATION
Annotator's note. Since § 42-4-1610 is sim-
ilar to § 42-4-1410 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Reports confidential in order to encourage
compliance. The provisions of this section are
based upon a declared public policy announced
by the general assembly. Public policy requires
that motorists be encouraged to make full and
frank compliance with the requirement for filing
the reports under the uniform motor vehicle
statutes, and makes any information therein con-
tained unavailable for use except by the depart-
ment, and the limited exceptions embraced in
this section. Clark v. Reichman, 130 Colo. 329,
275 P.2d 952 (1954).
Distinction between confidential reports
and police reports. The confidentiality provi-
sion of this section distinguishes between re-
ports required to be made "by any driver, owner,
or person involved in any accident", which are
not admissible in evidence, and police investi-
gation reports, which are public records and
which are admissible. People v. Reyes, 42 Colo.
App. 73, 589 P.2d 1385 (1979).
Inculpatory statements not covered by this
section. Inculpatory statements made to police
officers by a party are not part of either the
notice or report requirements of § 42-4-1406,
and are not protected by the confidentiality pro-
vision of this section, and law enforcement of-
ficers' testimony as to those statements are prop-
erly admissible at trial. People v. Reyes, 42
Colo. App. 73, 589 P.2d 1385 (1979).
42-4-1611. Tabulation and analysis of reports. The department shall tabulate and
may analyze all accident reports and shall publish annually or at more frequent intervals
statistical information based thereon as to the number and circumstances of traffic accidents
and in such a way that the information may be of value to the department of transportation
in eliminating roadway hazards. The statistical information shall be issued in accordance
with the provisions of section 24-1-136, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2403, § 1, effective January 1,
1995. L. 2007: Entire section amended, p. 31, § 7, effective August 3.
Editor's note: This section is similar to former § 42-4-1411 as it existed prior to 1994, and the
former § 42-4-1611 was relocated to § 42-4-1811.
42-4-1612 Vehicles and Traffic Title 42 - page 488
42-4-1612. Accidents in state highway work areas - annual reporting by depart-
ment of transportation and Colorado state patrol. (1) On or before February 15, 201 1,
and on or before February 15 of each succeeding year, the department of transportation and
the Colorado state patrol shall present a joint report to the transportation and energy
committee of the house of representatives and the transportation committee of the senate,
or any successor committees, regarding fatal accidents in state highway work areas during
the preceding year. The report shall include, at a minimum:
(a) A summary of the total number of fatal accidents and the total number of individuals
killed;
(b) A categorization of the total number of individuals killed that identifies the
individuals as employees of the department of transportation, employees of contractors or
subcontractors working on a project for the department, or other individuals;
(c) A copy of the accident reporting form for each fatal accident;
(d) A description of both ongoing and newly implemented measures taken by the
department of transportation to prevent fatal accidents in state highway work areas.
(2) For purposes of this section, "state highway work area" includes any area where an
employee of the department of transportation is working at the time a fatal accident occurs.
(3) Nothing in this section shall be construed to require the department of transportation
or the Colorado state patrol to specifically identify by name any individual killed, injured,
or otherwise involved in an accident.
Source: L. 2010: Entire section added, (HB 10-1014), ch. 24, p. 98, § 1, effective
August 11.
PART 17
PENALTIES AND PROCEDURE
42-4-1701. Traffic offenses and infractions classified - penalties - penalty and
surcharge schedule - repeal. (1) It is a traffic infraction for any person to violate any of
the provisions of articles 1 to 3 of this title and parts 1 to 3 and 5 to 19 of this article unless
such violation is, by articles 1 to 3 of this title and parts 1 to 3 and 5 to 19 of this article
or by any other law of this state, declared to be a felony, misdemeanor, petty offense, or
misdemeanor traffic offense. Such a traffic infraction shall constitute a civil matter.
(2) (a) For the purposes of this part 17, "judge" shall include any county court
magistrate who hears traffic infraction matters, but no person charged with a traffic violation
other than a traffic infraction or class 2 misdemeanor traffic offense shall be taken before a
county court magistrate.
(b) For the purposes of this part 17, "magistrate*' shall include any county court judge
who is acting as a county court magistrate in traffic infraction and class 2 misdemeanor
traffic offense matters.
(3) (a) (I) Except as provided in subsections (4) and (5) of this section or the section
creating the infraction, traffic infractions are divided into two classes which shall be subject
to the following penalties which are authorized upon entry of judgment against the
defendant:
Class Minimum Maximum
Penalty Penalty
A $15 penalty $100 penalty
B $15 penalty $100 penalty
(II) (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph
(II), subsections (4) and (5) of this section, and sections 42-4-1301.3, 42-4-1301.4, and
42-4-1307, or the section creating the offense, misdemeanor traffic offenses are divided into
two classes that are distinguished from one another by the following penalties that are
authorized upon conviction:
Title 42 -page 489
Regulation of Vehicles and Traffic
42-4-1701
Minimum
Sentence
Sentence
Ten days imprisonment,
or $300 fine, or both
Ten days imprisonment,
or $150 fine, or both
One year imprisonment,
or $1,000 fine, or bom
Ninety days imprisonment,
or $300 fine, or both
(B) Any person convicted of a class 1 or class 2 misdemeanor traffic offense shall be
required to pay restitution as required by article 18.5 of title 16, C.R.S., and may be
sentenced to perform a certain number of hours of community or useful public service in
addition to any other sentence provided by sub-subparagraph (A) of this subparagraph (II),
subject to the conditions and restrictions of section 18-1.3-507, C.R.S.
(b) Any traffic infraction or misdemeanor traffic offense defined by law outside of
articles 1 to 4 of this title shall be punishable as provided in the statute defining it or as
otherwise provided by law.
(c) The department has no authority to assess any points under section 42-2-127 upon
entry of judgment for any class B traffic infractions.
(4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every
person who is convicted of, who admits liability for, or against whom a judgment is entered
for a violation of any provision of this title to which paragraph (a) or (b) of subsection (5)
of this section apply shall be fined or penalized, and have a surcharge levied thereon
pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1) (b) (I), C.R.S., in accordance with
the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (?) of this
subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for
class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be four
dollars. These penalties and surcharges shall apply whether the defendant acknowledges the
defendants guilt or liability in accordance with the procedure set forth by paragraph (a) of
subsection (5) of this section or is found guilty by a court of competent jurisdiction or has
judgment entered against the defendant by a county court magistrate. Penalties and
surcharges for violating specific sections shall be as follows:
Section Violated
(A) Drivers' license violations:
42-2-101 (1) or (4)
42-2-101 (2), (3), or (5)
42-2-103
42-2-105
42-2-105.5 (4)
42-2-106
42-2-116 (6) (a)
42-2-119
42-2-134
42-2-136
42-2-139 ,
42-2-140
42-2-141
(B ) Registration and taxation violations:
42-3-103
42-3-113
42-3-202
42-3-116
Penalty
Surcharge
35.00
$ 10.00
15.00
6.00
15.00
6.00
70.00
10.00
65.00
10.00
70.00
10.00
30.00
6.00
15.00
6.00
35.00
10.00
35.00
10.00
35.00
10.00
35.00
10.00
35.00
10.00
50.00
$ 16.00
15.00
6.00
15.00
6.00
50.00
16.00
42-4-1701 Vehicles and Traffic
42-3-121 (l)(a)
42-3-121 (l)(c)
42-3-121 (l)(f), (l)(g),
and (l)(h)
42-3-304 to 42-3-306
(C) Traffic regulation generally:
42-4-1412
42-4-109 (13)(a)
42-4-109 (13)(b)
42-4-1211
42-4-1405
(D) Equipment violations:
42-4-201
42-4-202
42-4-204
42-4-205
42-4-206
42-4-207
42-4-208
42-4-209
42-4-210
42-4-211
42-4-212
42-4-213
42-4-214
42-4-215
42-4-216
42-4-217
42-4-218
42-4-219
42-4-220
42-4-221
42-4-222 (1)
42-4-223
42-4-224
42-4-225 (1)
42-4-226
42-4-227 (1)
42-4-227 (2)
42-4-228 (1), (2), (3),
(5), or (6)
42-4-229
42-4-230
42-4-231
42-4-232
42-4-233
42-4-234
42-4-235
42-4-236
42-4-237
42-4-1411
Tide 42 - page 490
75.00
24.00
35.00
10.00
75.00
24.00
50.00
16.00
15.00
$ 6.00
15.00
6.00
100.00
15.00
30.00
6.00
15.00
6.00
35.00
$ 10.00
35.00
10.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
, 6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
50.00
16.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
75.00
24.00
15.00
6.00
50.00
16.00
65.00
16.00
65.00
6.00
15.00
6.00
Title 42 - page 491 Regulation of Vehicles and Traffic
42-4-1412
42-4-1901
(E) Emissions inspections:
42-4-313 (3)(c)
42-4-313 (3)(d)
(F) Size, weight, and load violations:
42-4-502
42-4-503
42-4-504
42-4-505
42-4-506
42-4-509
42-4-510 (12)(a)
42-4-106 (1), (3), (4),
(6), or (7)
42-4-106 (5)(a)(I)
42-4-106 (5)(a)(H)
42-4-106 (5)(a)(m)
42-4-106 (5)(a)(IV)
42-4-512
42-8-105 (1) to (5)
42-8-106
(G) Signals, signs, and markings violations:
42-4-603
42-4-604
42-4-605
42-4-606
42-4-607 (1)
42-4-607 (2)(a)
42-4-608 (1)
42-4-608 (2)
42-4-609
42-4-610
42-4-612
42-4-613
(H) Rights-of-way violations:
42-4-701
42-4-702
42-4-703
42-4-704
42-4-705
42-4-706
42-4-707
42-4-708
42-4-709
42-4-710
42-4-711
42-4-712
affic
42-4-1701
15.00
6.00
35.00
10.00
$ 50.00
$ 16.00
15.00
6.00
$ 75.00
$ 24.00
15.00
6.00
75.00
24.00
75.00
24.00
15.00
6.00
50.00
16.00
35.00
10.00
35.00
10.00
100.00
32.00
500.00
156.00
500.00
78.00
1,000.00
156.00
75.00
24.00
50.00
16.00
50.00
16.00
i ioo.oo
$ 10.00
100.00
10.00
70.00
10.00
15.00
6.00
50.00
16.00
100.00
32.00
70.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
70.00
10.00
35.00
10.00
$ 70.00
$ 10.00
70.00
10.00
70.00
10.00
70.00
10.00
70.00
16.00
70.00
10.00
70.00
10.00
35.00
10.00
70.00
10.00
70.00
10.00
100.00
10.00
70.00
10.00
'-4-1701 Vehicles and Traffic
Title 42 -page 492
(I) Pedestrian violations:
42-4-801
$ 15.00
$ 6.00
42-4-802 (1)
30.00
6.00
42-4-802 (3)
15.00
6.00
42-4-802 (4)
30.00
6.00
42-4-802 (5)
30.00
6.00
42-4-803
15.00
6.00
42-4-805
15.00
6.00
42-4-806
70.00
10.00
42-4-807
70.00
10.00
42-4-808
70.00
10.00
(J) Turning and stopping violations:
42-4-901
$ 70.00
$ 10.00
42-4-902
70.00
10.00
42-4-903
70.00
10.00
(K) Driving, overtaking, and passing violations:
42-4-1001
$ 70.00
$ 10.00
42-4-1002
100.00
10.00
42-4-1003
100.00
10.00
42-4-1004
100.00
10.00
42-4-1005
100.00
10.00
42-4-1006
70.00
10.00
42-4-1007
100.00
10.00
42-4-1008
100.00
10.00
42-4-1009
70.00
10.00
42-4-1010
70.00
10.00
42-4-1011
200.00
32.00
42-4-1012 (3)(a)
65.00
(NONE)
42-4-1012 (3)(b)
125.00
(NONE)
42-4-1013
100.00
(NONE)
(L) Speeding violations:
42-4-1101 (1) or (8) (b) (1 to 4 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour)
$ 30.00
$ 6.00
42-4-1101 (1) or (8) (b) (5 to 9 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour)
42-4-1101 (1) or (8) (b) (10 to 19 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour)
70.00
135.00
10.00
16.00
Title 42 -page 493 Regulation of Vehicles and Traffic 42-4-1701
42-4-1101 (1) or (8) (b) (20 to 24 miles
per hour over the reasonable and
prudent speed or over the maximum
lawful speed limit of 75 miles
per hour) 200.00 32.00
42-4-1101 (8) (g) (1 to 4 miles per
hour over the maximum lawful
speed limit of 40 miles per hour
driving a low-power scooter) 50.00 6.00
42-4-1101 (8) (g) (5 to 9 miles per
hour over the maximum lawful
speed limit of 40 miles per hour
(hiving a low-power scooter) 75.00 10.00
42-4-1101 (8) (g) (greater than 9
miles per hour over the maximum
lawful speed limit of 40 miles per
hour driving a low-power scooter) 100.00 16.00
42-4-1101 (3)
42-4-1103
42-4-1104
(M) Parking violations:
42-4-1201
42-4-1202
42-4-1204
42-4-1205
42-4-1206
42-4-1207
42-4-1208 (9), (15), or (16)
(N) Other offenses:
42-4-1301 (2)(a.5)
42-4-1305
42-4-1402
42-4-1403
42-4-1404
42-4-1406
42-4-1407 (3)(a)
42-4-1407 (3)(b)
42-4-1407 (3)(c)
42-4-314
42-4-1408
42-4-1414 (2)(a)
42-4-1414 (2)(b)
42-4-1414 (2)(c)
42-4-1416 (3)
42-20-109 (2)
100.00
10.00
50.00
6.00
30.00
6.00
$ 30.00
$ 6.00
30.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
15.00
6.00
150.00
32.00
i ioo.oo
$ 16.00
50.00
16.00
150.00
16.00
30.00
6.00
15.00
6.00
35.00
10.00
35.00
10.00
100.00
30.00
500.00
200.00
35.00
10.00
15.00
6.00
500.00
156.00
1,000.00
312.00
5,000.00
1,560.00
75.00
4.00
250.00
66.00
42-4-1701 Vehicles and Traffic Title 42 - page 494
(O) Motorcycle violations:
42-4-1502 (1), (2), (3), or (4) $ 30.00 $ 6.00
42-4-1502 (4.5) 100.00 15.00
42-4-1503 30.00 6.00
42-4-1504 30.00 6.00
(P) Offenses by persons controlling vehicles:
42-4-239 (5)(a) $ 50.00 $ 6.00
42-4-239 (5)(b) 100.00 6.00
42-4-1704 15.00 6.00
(II) (A) A person convicted of violating section 42-4-507 or 42-4-508 shall be fined
pursuant to this sub-subparagraph (A), whether the defendant acknowledges the defendant's
guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or
is found guilty by a court of competent jurisdiction. A person who violates section 42-4-507
or 42-4-508 shall be punished by a fine and surcharge as follows:
Excess Weight - Pounds
Penalty
J
Surcharge
1 - 1,000
$ 20.00
$ 14.00
1,001 - 3,000
25.00
14.00
3,001 - 5,000
0.03 per pound overweight
rounded to the nearest dollar
48.00
5,001 - 7,000
0.05 per pound overweight
rounded to the nearest dollar
108.00
7,001 - 10,000
0.07 per pound overweight
rounded to the nearest dollar
384.00
10,001 - 15,000
0.10 per pound overweight
rounded to the nearest dollar
1,892.00
15,001 - 19,750
0.15 per pound
rounded to the nearest dollar
2,438.00
Over 19,750
0.25 per pound rounded
to the nearest dollar
28.00
for each 250 pounds
additional overweight,
plus
$ 492.00
(B) The state, county, city, or city and county issuing a citation that results in the
assessment of the penalties in sub-subparagraph (A) of this subparagraph (II) may retain
and distribute the following amount of the penalty according to the law of the jurisdiction
that assesses the penalty, but the remainder of the penalty shall be transmitted to the state
treasurer, who shall credit the moneys to the commercial vehicle enterprise tax fund created
in section 42-1-225:
Excess Weight - Pounds Penalty Retained
1 - 3,000 $ 15.00
3,001 - 4,250 25.00
4,251 - 4,500 50.00
4,501 - 4,750 55.00
4,751 - 5,000 60.00
5,001 - 5,250 65.00
5,251 - 5,500 75.00
5,501 - 5,750 85.00
5,751 - 6,000 95.00
6,001 - 6,250 105.00
Title 42 - page 495
Regulation of Vehicles and Traffic
42-4-1701
6,251
6,501
6,751
7,001
7,251
7,501
7,751
8,001
8,251
8,501
8,751
9,001
9,251
9,501
9,751 -
10,001 -
Over
-6,500
- 6,750
-7,000
- 7,250
-7,500
- 7,750
-8,000
- 8,250
-8,500
- 8,750
-9,000
-9,250
-9,500
- 9,750
10,000
10,250
10,250
125.00
145.00
165.00
185.00
215.00
245.00
275.00
305.00
345.00
385.00
425.00
465.00
515.00
565.00
615.00
665.00
$ 30.00
for each 250 pounds
additional overweight,
plus $ 665.00
(III) Any person convicted of violating any of the rules promulgated pursuant to section
42-4-510, except section 42-4-510 (2) (b) (IV), shall be fined as follows, whether the
violator acknowledges the violator's guilt pursuant to the procedure set forth in paragraph
(a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction:
(A) Except as provided in sub-subparagraph (D) of this subparagraph (III), any person
who violates the maximum permitted weight on an axle or on gross weight shall be
punished by a fine and surcharge as follows:
Excess Weight Above Maximum
Permitted Weight - Pounds
1- 2,500
2,501- 5,000
5,001- 7,500
7,501 - 10,000
Over 10,000
Penalty
$ 50.00
100.00
200.00
400.00
$150.00
for each 1,000
pounds additional
overweight, plus
$ 400.00
Surcharge
$ 46.00
96.00
192.00
384.00
$144.00
for each 1,000
pounds additional
overweight, plus
$ 296.00
(B) Any person who violates any of the requirements of the rules and regulations
pertaining to transport permits for the movement of overweight or oversize vehicles or
loads, other than those violations specified in sub-subparagraph (A) or (C) of this subpara-
graph (HI), shall be punished by a fine of fifty dollars.
(C) Any person who fails to have an escort vehicle when such vehicle is required by the
rules and regulations pertaining to transport permits for the movement of overweight or
oversize vehicles or loads or who fails to reduce speed when such speed reduction is
required by said rules and regulations shall be punished by a fine of two hundred fifty
dollars.
(D) The fines for a person who violates the maximum permitted weight on an axle or
on gross weight under a permit issued pursuant to section 42-4-510 (1) (b) (H) shall be
doubled.
(IV) (A) Any person convicted of violating section 42-3-114 who has not been
convicted of a violation of section 42-3-1 14 in the twelve months preceding such conviction
shall be fined as follows, whether the defendant acknowledges the defendant's guilt
42-4-1701 Vehicles and Traffic Title 42 - page 496
pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is
found guilty by a court of competent jurisdiction:
Number of days beyond renewal Penalty Surcharge
period that registration has
been expired
1-29 $ 35.00 $ 8.00
30 - 59 50.00 12.00
60 and over 75.00 18.00
(B) Any person convicted of violating section 42-3-114 who has been convicted of
violating said section within the twelve months preceding such conviction shall be fined
pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section.
(V) Any person convicted of violating section 42-20-204 (2) shall be fined twenty-five
dollars, whether the violator acknowledges guilt pursuant to the procedure set forth in
paragraph (a) of subsection (5) of this section or is found guilty by a court of competent
jurisdiction.
(VI) (A) Except as provided in paragraph (c) of subsection (5) of this section, every
person who is convicted of, who admits liability for, or against whom a judgment is entered
for a violation of any provision of this tide to which the provisions of paragraph (a) or (b)
of subsection (5) of mis section apply, shall, in addition to any other fine or penalty or
surcharge, be assessed a surcharge of one dollar, which amount shall be transmitted to the
state treasurer for deposit in the family-friendly court program cash fund created in section
13-3-113 (6), C.R.S. This surcharge shall apply whether the defendant acknowledges the
defendant* s guilt or liability in accordance with the procedure set forth by paragraph (a) of
subsection (5) of this section or is found guilty by a court of competent jurisdiction or has
judgment entered against the defendant by a county court magistrate.
(B) Repealed.
(VII) The penalties and surcharges for a second or subsequent violation of section
42-20-109 (2) within twelve months shall be doubled.
(b) (I) The schedule in subparagraph (I) of paragraph (a) of this subsection (4) shall not
apply when the provisions of paragraph (c) of subsection (5) of this section prohibit the
issuance of a penalty assessment notice for a violation of the aforesaid traffic violation.
(II) The schedules in subparagraphs (II) and (HI) of paragraph (a) of this subsection (4)
shall apply whether the violator is issued a penalty assessment notice or a summons and
complaint.
(c) (I) The penalties and surcharges imposed for speeding violations under subsection
(4) (a) (I) (L) of this section shall be doubled if a speeding violation occurs within a
maintenance, repair, or construction zone that is designated by the department of transpor-
tation pursuant to section 42-4-614 (1) (a); except mat the penalty for violating section
42-4-1101 (1) or (8) (b) by twenty to twenty-four miles per hour over the reasonable and
prudent speed or over the maximum lawful speed limit of seventy-five miles per hour shall
be five hundred forty dollars.
(II) (A) The penalties and surcharges imposed for violations under sub-subparagraphs
(C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this
subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or
construction zone that is designated by the department of transportation pursuant to section
42-4-614 (1) (a); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613,
42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404,
42-4-1408, and 42-4-1414 shall not be doubled under this subparagraph (II).
(B) There is hereby created, within the highway users tax fund, the highway construc-
tion workers' safety account.
(C) If a fine is doubled under subparagraph (I) or (H) of this paragraph (c), one-half of
the fine allocated to the state by sections 42-1-217 and 43-4-205, C.R.S., shall be transferred
to the state treasurer, who shall deposit it in the highway construction workers' safety
account within the highway users tax fund to be continuously appropriated to the depart-
ment of transportation for work zone safety equipment, signs, and law enforcement.
Title 42 - page 497 Regulation of Vehicles and Traffic 42-4-1701
(D) This subparagraph (II) is effective July 1, 2006.
(HI) The penalties and surcharges imposed for speeding violations under sub-subpara-
graph (L) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a
speeding violation occurs within a maintenance, repair, or construction zone that is
designated by a public entity pursuant to section 42-4-614 (1) (b).
(IV) The penalties and surcharges imposed for violations under sub- subparagraphs (C),
(G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection
(4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone
that is designated by a public entity pursuant to section 42-4-614 (1) (b); except that the
fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708,
42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 shall not
be doubled under this subparagraph (IV).
(d) The penalty and surcharge imposed for any moving traffic violation under subpara-
graph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs within
a school zone pursuant to section 42-4-615.
(d.5) (I) The penalty and surcharge imposed for any moving traffic violation under
subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs
within a wildlife crossing zone pursuant to section 42-4-616.
(II) (A) There is hereby created, within the highway users tax fund, the wildlife
crossing zones safety account.
(B) If a penalty and surcharge are doubled pursuant to subparagraph (I) of this
paragraph (d.5), one-half of the penalty and surcharge allocated to the state by sections
42-1-217 and 43-4-205, C.R.S., shall be transferred to the state treasurer, who shall deposit
the moneys in the wildlife crossing zones safety account within the highway users tax fund
to be continuously appropriated to the department of transportation for wildlife crossing
zones signs and law enforcement.
(e) (I) An additional fifteen dollars shall be assessed for speeding violations under
sub-subparagraph (L) of subparagraph (I) of paragraph (a) of this subsection (4) in addition
to the penalties and surcharge stated in said sub-subparagraph (L). Moneys collected
pursuant to this paragraph (e) shall be transmitted to the state treasurer who shall deposit
such moneys in the Colorado traumatic brain injury trust fund created pursuant to section
26-1-309, C.R.S., within fourteen days after the end of each quarter, to be used for the
purposes set forth in sections 26-1-301 to 26-1-310, C.R.S.
(II) If the surcharge is collected by a county or municipal court, the surcharge shall be
seventeen dollars of which two dollars shall be retained by the county or municipality and
the remaining fifteen dollars shall be transmitted to the state treasurer and credited to the
Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S.,
within fourteen days after the end of each quarter, to be used for the purposes set forth in
sections 26-1-301 to 26-1-310, C.R.S.
(HI) An additional fifteen dollars shall be assessed for a violation of a traffic regulation
under sub-subparagraph (C) of subparagraph (I) of paragraph (a) of this subsection (4) for
a violation of section 42-4-109 (13) (b), in addition to the penalties stated in said
sub-subparagraph (C). An additional fifteen dollars shall be assessed for a motorcycle
violation under sub-subparagraph (O) of subparagraph (I) of paragraph (a) of this subsec-
tion (4) for a violation of section 42-4-1502 (4.5), in addition to the penalties stated in said
sub-subparagraph (O). Moneys collected pursuant to this subparagraph (III) shall be
transmitted to the state treasurer, who shall deposit the moneys in the Colorado traumatic
brain injury trust fund created pursuant to section 26-1-309, C.R.S., to be used for the
purposes set forth in sections 26-1-301 to 26-1-310, C.R.S.
(f) (I) In addition to the surcharge specified in sub-subparagraph (N) of subparagraph
(I) of paragraph (a) of this subsection (4), an additional surcharge of five dollars shall be
assessed for a violation of section 42-4-1301 (2) (a. 5). Moneys collected pursuant to this
paragraph (f) shall be transmitted to the state treasurer who shall deposit such moneys in the
rural alcohol and substance abuse cash fund created in section 27-80-1 17 (3), C.R.S., within
fourteen days after the end of each quarter, to be used for the purposes set forth in section
27-80-117, C.R.S.
42-4-1701 Vehicles and Traffic Title 42 - page 498
(II) If the additional surcharge is collected by a county court, the additional surcharge
shall be six dollars of which one dollar shall be retained by the county and the remaining
five dollars shall be transmitted to the state treasurer and credited to the rural alcohol and
substance abuse cash fund created in section 27-80-117 (3), C.R.S., within fourteen days
after the end of each quarter, to be used for the purposes set forth in section 27-80-117,
C.R.S.
(HI) This paragraph (f) is repealed, effective July 1, 2016, unless the general assembly
extends the repeal of the rural alcohol and substance abuse prevention and treatment
program created in section 27-80-117, C.R.S.
(5) (a) (I) At the time that any person is arrested for the commission of any misde-
meanors, petty offenses, or misdemeanor traffic offenses set forth in subsection (4) of this
section, the arresting officer may, except when the provisions of paragraph (c) of this
subsection (5) prohibit it, offer to give a penalty assessment notice to the defendant. At any
time that a person is charged with the commission of any traffic infraction, the peace officer
shall, except when the provisions of paragraph (c) of this subsection (5) prohibit it, give a
penalty assessment notice to the defendant. Such penalty assessment notice shall contain all
the information required by section 42-4-1707 (3) or by section 42-4-1709, whichever is
applicable. The fine or penalty specified in subsection (4) of this section for the violation
charged and the surcharge thereon may be paid at the office of the department of revenue,
either in person or by postmarking such payment within twenty days from the date the
penalty assessment notice is served upon the defendant; except that the fine or penalty
charged and the surcharge thereon shall be paid to the county if it relates to a traffic offense
authorized by county ordinance. The department of revenue shall accept late payment of
any penalty assessment up to twenty days after such payment becomes due. Except as
otherwise provided in subparagraph (II) of this paragraph (a), in the case of an offense other
than a traffic infraction, a defendant who otherwise would be eligible to be issued a penalty
assessment notice but who does not furnish satisfactory evidence of identity or who the
officer has reasonable and probable grounds to believe will disregard the summons portion
of such notice may be issued a penalty assessment notice if the defendant consents to be
taken by the officer to the nearest mailbox and to mail the amount of the fine or penalty and
surcharge thereon to the department. The peace officer shall advise the person arrested or
cited of the points to be assessed in accordance with section 42-2-127. Except as otherwise
provided in section 42-4-1710 (1) (b), acceptance of a penalty assessment notice and
payment of the prescribed fine or penalty and surcharge thereon to the department shall be
deemed a complete satisfaction for the violation, and the defendant shall be given a receipt
which so states when such fine or penalty and surcharge thereon is paid in currency or other
form of legal tender. Checks tendered by the defendant to and accepted by the department
and on which payment is received by the department shall be deemed sufficient receipt.
(II) In the case of an offense other than a traffic infraction that involves a minor under
the age of eighteen years, the officer shall proceed in accordance with the provisions of
section 42-4-1706 (2) or 42-4-1707 (1) (b) or (3) (a.5). In no case may an officer issue a
penalty assessment notice to a minor under the age of eighteen years and require or offer
that the minor consent to be taken by the officer to the nearest mailbox to mail the amount
of the fine or penalty and surcharge thereon to the department.
(b) In the case of an offense other than a traffic infraction, should the defendant refuse
to accept service of the penalty assessment notice when such notice is tendered, the peace
officer shall proceed in accordance with section 42-4-1705 or 42-4-1707. Should the
defendant charged with an offense other than a traffic infraction accept service of the
penalty assessment notice but fail to post the prescribed penalty and surcharge thereon
within twenty days thereafter, the notice shall be construed to be a summons and complaint
unless payment for such penalty assessment has been accepted by the department of
revenue as evidenced by receipt. Should the defendant charged with a traffic infraction
accept the notice but fail to post the prescribed penalty and surcharge thereon within twenty
days thereafter, and should the department of revenue not accept payment for such penalty
and surcharge as evidenced by receipt, the defendant shall be allowed to pay such penalty
and surcharge thereon and the docket fee in the amount set forth in section 42-4-1710 (4)
to the clerk of the court referred to in the summons portion of the penalty assessment notice
Title 42 - page 499 Regulation of Vehicles and Traffic 42-4-1701
during the two business days prior to the time for appearance as specified in the notice. If
the penalty for a misdemeanor, misdemeanor traffic offense, or a petty offense and surcharge
thereon is not timely paid, the case shall thereafter be heard in the court of competent
jurisdiction prescribed on the penalty assessment notice in the same manner as is provided
by law for prosecutions of the misdemeanors not specified in subsection (4) of this section.
If the penalty for a traffic infraction and surcharge thereon is not timely paid, the case shall
thereafter be heard in the court of competent jurisdiction prescribed on the penalty
assessment notice in the manner provided for in mis article for the prosecution of traffic
infractions. In either case, the maximum penalty that may be imposed shall not exceed the
penalty set forth in the applicable penalty and surcharge schedule in subsection (4) of this
section.
(b.5) The provisions of section 42-4-1710 (1) (b) shall govern any case described in
paragraph (b) of this subsection (5) in which a minor under the age of eighteen years
submits timely payment for an infraction or offense in a penalty assessment notice but such
payment is not accompanied by the penalty assessment notice signed and notarized in the
manner required by section 42-4-1707 (3) (a.5) or 42-4-1709 (1.5).
(c) (I) The penalty and surcharge schedules of subsection (4) of this section and the
penalty assessment notice provisions of paragraphs (a) and (b) of this subsection (5) shall
not apply to violations constituting misdemeanors, petty offenses, or misdemeanor traffic
offenses not specified in said subsection (4) of this section, nor shall they apply to the
violations constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or
traffic infractions specified in said subsection (4) of this section when it appears that:
(A) (Deleted by amendment, L. 96, p. 580, § 4, effective May 25, 1996.)
(B) In a violation of section 42-4-1101 (1) or (8) (b), the defendant exceeded the
reasonable and prudent speed or the maximum lawful speed of seventy-five miles per hour
by more than twenty-four miles per hour;
(C) The alleged violation has caused, or contributed to the cause of, an accident
resulting in appreciable damage to property of another or in injury or death to any person;
(D) The defendant has, in the course of the same transaction, violated one of the
provisions of this title specified in the penalty and surcharge schedules in subsection (4) of
this section and has also violated one or more provisions of this title not so specified, and
the peace officer charges such defendant with two or more violations, any one of which is
not specified in the penalty and surcharge schedules in subsection (4) of this section.
(H) In all cases where this paragraph (c) prohibits the issuance of a penalty assessment
notice, the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a)
of subsection (4) of this section shall be inapplicable; except that the penalty and surcharge
provided in the schedule contained in sub-subparagraph (B) of subparagraph (I) of
paragraph (a) of subsection (4) of this section for any violation of section 42-3-121 (1) (a)
shall always apply to such a violation. In all cases where the penalty and surcharge schedule
contained in subparagraph (I) of paragraph (a) of subsection (4) of this section is inappli-
cable, the provisions of subsection (3) of this section shall apply.
(d) In addition to any other cases governed by this section, the penalty and surcharge
schedule contained in subparagraph (I) of paragraph (a) of subsection (4) of this section
shall apply in the following cases:
(I) In all cases in which a peace officer was authorized by the provisions of this
subsection (5) to offer a penalty assessment notice for the commission of a misdemeanor,
petty offense, or misdemeanor traffic offense but such peace officer chose not to offer such
penalty assessment notice;
(II) In all cases involving the commission of a misdemeanor, petty offense, or misde-
meanor traffic offense in which a penalty assessment notice was offered by a peace officer
but such penalty assessment notice was refused by the defendant.
(6) An officer coming upon an unattended vehicle that is in apparent violation of any
provision of the state motor vehicle law may place upon the vehicle a penalty assessment
notice indicating the offense or infraction and directing the owner or operator of the vehicle
to remit the penalty assessment provided for by subsection (4) of this section and the
surcharges thereon pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1), C.R.S., to the
Colorado department of revenue within ten days. If the penalty assessment and surcharge
42-4-1701 Vehicles and Traffic Title 42 - page 500
thereon is not paid within ten days of the issuance of the notice, the department shall mail
a notice to the registered owner of the vehicle, setting forth the offense or infraction and the
time and place where it occurred and directing the payment of the penalty assessment and
surcharge thereon within twenty days from the issuance of the notice. If the penalty
assessment and surcharge thereon is not paid within the twenty days from the date of
mailing of such notice, the department shall request the police officer who issued the
original penalty assessment notice to file a complaint with a court having jurisdiction and
issue and serve upon the registered owner of the vehicle a summons to appear in court at
a time and place specified therein as in the case of other offenses or infractions.
(7) Notwithstanding the provisions of paragraph (b) of subsection (5) of this section,
receipt of payment by mail by the department or postmarking such payment on or prior to
the twentieth day after the receipt of the penalty assessment notice by the defendant shall
be deemed to constitute receipt on or before the date the payment was due.
(8) The surcharges described in subsections (4) to (6) of this section are separate and
distinct from a surcharge levied pursuant to section 24-33.5-415.6, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2406, § 1, effective January 1,
1995; (3)(a)(I), (4)(a)(I), and (4)(a)(IV)(A) amended, p. 683, § 1, effective January 1, 1995.
L. 95: (l),(4)(a)(I)(A),(4)(a)(I)(D), and (4)(a)(I)(M) amended, p. 958, § 18, effective May
25. L. 96: (4)(a)(I)(F) amended, p. 278, § 2, effective April 11; (4)(a)(I)(F) amended, p.
385, § 2, effective April 17; (4)(a)(I)(I) amended, p. 565, § 30, effective April 24; (5)(a)
and (6) amended, p. 638, § 4, effective May 1; (4)(a)(I)(L), (5)(c)(I)(A), and (5)(c)(I)(B)
amended, p. 580, § 4, effective May 25; (4)(a)(I)(D) amended, p. 959, § 6, effective July
1; (4)(a)(I)(K) amended, p. 1358, § 6, effective July 1. L. 97: (4)(a)(I)(N) amended, p.
1468, § 14, effective July 1; (4)(c) added, p. 1386, § 6, effective July 1; (4)(a)(I)(G)
amended, p. 498, § 3, effective August 6; (4)(a)(I)(B) amended, p. 1074, § 6, effective
January 1, 1998. L. 98: (4)(a)(I)(B) amended, p. 1019, § 4, effective May 27; (4)(d) added,
p. 589, § 2, effective July 1; (4)(a)(I)(K) amended, p. 1206, § 2, effective August 5. L. 99:
(4)(a)(I)(N) amended, p. 666, § 3, effective May 18; (4)(a)(I)(A) amended, p. 1381, § 6,
effective July 1; (4)(a)(I)(M) amended, p. 712, § 4, effective July 1; (4)(a)(I)(B) amended,
p. 631, § 48, effective August 4; (5)(a) amended, p. 368, § 5, effective August 4. L. 2000:
(5)(a), (5)(b), and (6) amended, p. 1643, § 31, effective June 1; (4)(a)(I)(D) amended, p.
1100, § 2, effective August 2; (3)(a)(H)(B) amended, p. 1051, § 22, effective September 1.
L. 2002: IP(3)(a)(II)(A) amended, p. 1923, § 21, effective July 1; (4)(a)(VI) added, p. 631,
§ 3, effective July 1; (3)(a)(II)(B) amended, p. 1562, § 370, effective October 1; (4)(e)
added, p. 1610, § 5, effective January 1, 2004. L. 2003: (4)(a)(I), (4)(a)(H), and
(4)(a)(m)(A) amended, p. 1545, § 8, effective May 1. L. 2004: (4)(a)(I)(N) amended, p.
241, § 2, effective July 1; (5)(a) amended and (5)(b.5) added, p. 1331, § 2, effective July
1, 2005. L. 2005: (4)(a)(VI)(B) repealed, p. 1004, § 3, effective June 2; (4)(a)(I)(N)
amended, p. 1188, § 2, effective July 1; (4)(a)(I)(B), (4)(a)(IV), and (5)(c)(II) amended, p.
1177, § 19,effectiveAugust8;(4)(a)(I)(D)amended,p.268,§ 3, effective August 8; (4)(c)
amended, p. 1221, § 3, effective August 8. L. 2006: (4)(a)(I)(G) amended, p. 1712, § 2,
effective June 6; (4)(a)(I)(A) amended, p. 439, § 4, effective July 1; (4)(a)(I)(N) amended
and (4)(a)(VH) added, p. 1064, § 4, effective July 1; (4)(a)(I)(A) amended, p. 1370 § 10,
effective January 1, 2007. L. 2007: (4)(a)(I), (4)(a)(H), (4)(a)(ffl)(A), (4)(a)(IV)(A), and
(6) amended, p. 1114, § 5, effective July 1; (4)(a)(I)(C) and (4)(a)(I)(0) amended and
(4)(e)(IU) added, pp. 1481, 1482, §§ 3, 4, effective July 1; (4)(a)(I)(F) amended, p. 1333,
§ 3, effective August 3. L. 2008: IP(4)(a)(m) and (4)(a)(IH)(A) amended and
(4)(a)(IH)(D) added, p. 2094, § 3, effective June 3; (4)(c) amended, p. 2079, § 3, effective
June 3; (3)(a)(H)(A) amended, p. 252, § 20, effective July 1; (3)(a)(n)(A), (4)(a)(I)(A),
(4)(a)(I)(C), (4)(a)(l)(D) and (4)(a)(I)(G) to (4)(a)(I)(0) amended, p. 2087, § 5, effective
July 1. L. 2009: (8) added, (SB 09-241), ch. 295, p. 1579, § 6, effective July 1; (4)(e)
amended, (SB 09-133), ch. 392, p. 2120, § 3, effective August 5; (4)(a)(I)(L) amended, (HB
09-1026), ch. 281, p. 1283, § 64, effective October 1; (4)(a)(I)(P) amended, (HB 09-1094),
ch. 375, p. 2045, § 2, effective December 1; (4)(f) added, (HB 09-1119), ch. 397, p. 2146,
§ 4, effective January 1, 2010. L. 2010: (4)(f) amended, (SB 10-175), ch. 188, p. 809,
§ 88, effective April 29; (4)(a)(H) amended, (HB 10-1285), ch. 423, p. 2188, § 3, effective
Title 42 - page 501
Regulation of Vehicles and Traffic
42-4-1701
July 1; (4)(d.5) added, (HB 10-1238), ch. 393, p. 1869, § 3, effective September 1; (3)(aXI),
(3)(a)(ID(A), IP(4)(a)(D, and (4)(a)(I)(M) amended, (HB 10-1019), ch. 400, pp. 1931, 1930,
§§ 8, 5, effective January 1, 2011. L. 2011: (3)(a)(ID(A) amended, (HB 11-1268), ch. 267,
p. 1220, § 4, effective June 2; IP(3)(a)(II)(A) amended, (HB 11-1303), ch. 264, p. 1183,
§ 113, effective August 10. L. 2012: (4Xa)(I)(N) amended, (SB 12-044), ch. 274, p. 1447,
§ 2, effective June 8.
Editor's note: (1) This section is similar to former § 42-4-1501 as it existed prior to 1994.
(2) Subsections (3)(a)(I), (4)(a)(I), and (4)(a)(IV)(A) were originally numbered as § 42-4-1501
(2)(a)(I), (3)(a)(I.l), and (3)(a)(IV)(A), and the amendments to them in Senate Bill 94-017 were
harmonized with Senate Bill 94-001.
(3) Amendments to subsection (4)(a)(I)(F) by Senate Bill 96-084 and House Bill 96-1055 were
harmonized.
(4) Amendments to subsection (4)(a)(I)(A) by House Bill 06-1 171 and House Bill 06-1 162 were
harmonized.
(5) Amendments to subsection (4)(a)(I) by Senate Bill 07-055, House Bill 07-1117, and House
Bill 07-1229 were harmonized.
(6) Amendments to subsection (3)(a)(II)(A) by House Bill 08-1010 and House Bill 08-1166 were
harmonized.
Cross references: (1) For community or useful public service for persons convicted of misde-
meanors, see § 18-1.3-507; for community service for juvenile offenders, see § 19-2-308; for useful
public service for persons convicted of alcohol- or drug-related traffic offenses, see §§ 42-4-1301 and
42-4-1301.4; for surcharges levied on criminal actions and traffic offenses, see § 24-4.2-104.
(2) For the legislative declaration contained in the 1999 act amending subsection (4)(a)(l)( A), see
section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in
the 2002 act amending subsection (3)(a)(H)(B), see section 1 of chapter 318, Session Laws of
Colorado 2002. In 2005, subsection (4)(c) was amended by the "Lopez-Forrester Act**. For the short
title and the legislative declaration, see sections 1 and 2 of chapter 276, Session Laws of Colorado
2005.
(3) Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act amending
subsection (4)(c) shall be known and may be cited as the "Charles Mather Highway Safety Act**.
ANNOTATION
Annotator's note. Since § 42-4-1701 is sim-
ilar to § 42-4-1501 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
The simplified procedures of the penalty
assessment statute do not impermissibly of-
fend the due process clauses of either the con-
stitution of the state or the constitution of the
United States. Since the penalty assessment stat-
ute does not deprive an offender accused of a
traffic violation of his right to a trial, on the
contrary, the statute not only expressly preserves
the accused's right to a trial but also affords him
an alternative procedure which he may accept or
reject, and therefore the statute does not violate
any constitutional rights. Cave v. Colo. Dept. of
Rev., 31 Colo. App. 185, 501 P.2d 479 (1972).
Section 42-2-123 and this section give a li-
censee notice of the ramifications of his failure
to appear and the forfeiture of his bond for
traffic violation charge and due process require-
ments are satisfied. Lopez v. Motor Vehicle Div.,
189 Colo. 133, 538 P.2d 446 (1975).
Due process standard for using penalty as-
sessment as conviction. Through the provisions
of § 42-2-121 (3), the general assembly has
mandated a minimum standard of due process
which must be followed before payment of a
penalty assessment under this section may be
used as a conviction for purposes of suspension
or revocation of a driver's license pursuant to
§ 42-2-123 (l)(a). Stortz v. Colo. Dept. of Rev.,
195 Colo. 325, 578 P.2d 229 (1978).
Speeding classifications constitutional. De-
cision to treat higher rates of speeding as more
serious making them criminal acts is within
legislatures discretion and does not create a
' suspect class or infringe on a fundamental right.
Drawing a distinction based on speed is ration-
ally related to legislative purpose of safety and
fuel conservation. People v. Lewis, 745 P.2d 668
(Colo. 1987).
Traffic violations not decriminalized. The
general assembly did not intend to decriminalize
minor traffic violations by denominating them
"misdemeanor traffic offenses** and prescribing
a fine-only penalty scheme for certain grades of
these offenses. City of Greenwood Vill . v. Flem-
ing, 643 P.2d 511 (Colo. 1982) (decided prior to
1982 amendments).
Jurisdiction of county courts includes of-
fenses reclassified as "misdemeanor traffic
42-4-1702
Vehicles and Traffic
Title 42 -page 502
i" under this section. Phillips v. County
Court, 42 Colo. App. 187, 591 P.2d 600 (1979).
When points not assessable. If a traffic vio-
lation does not appear on the summons, to be
issued under the notice provisions of subsection
(4)(a), and the offender is not advised by the
arresting officer in reference to the points
chargeable for the traffic violation, points cannot
be assessed against him for that offense. Stortz
v. Colo. Dept of Rev., 195 Colo. 325, 578 P.2d
229 (1978).
Payment of ticket, and subsequent lack of
protest, precludes challenge of conviction.
Where a party pays a traffic ticket without a
court judgment or a signed acknowledgment of
guilt, but does not challenge the validity of the
conviction and affirms the accuracy of his driv-
ing record at a departmental hearing, the party
may not then challenge the conviction. Martinez
v. Dolan, 41 Colo. App. 513, 591 P.2d 588
(1978).
Failure of penalty assessment to contain
points for traffic violation in no way invali-
dates the penalty assessment, or a guilty plea
entered thereon. Stortz v. Colo. Dept. of Rev.,
195 Colo. 325, 578 P.2d 229 (1978).
Section farthers policy against custodial
arrests. The modern policy against custodial
arrests and favoring the issuance of citations and
summonses is given effect by requiring the is-
suance of a penalty assessment notice or sum-
mons in ordinary traffic violations. People v.
Clyne, 189 Colo. 412, 541 P.2d 71 (1975), over-
ruled in People v. Meredith, 763 P.2d 562 (Colo.
1988).
Police have authority to make custodial
arrest for driving without a license under this
section and § 42-2-101. People v. Meredith,
763 P.2d 562 (Colo. 1988) (overruling People v.
Clyne, 189 Colo. 412, 541 P.2d 71 (1975) and
People v. Stark, 682 P.2d 1240 (Colo. App.
1984)).
Presumption of correctness of records held
insufficient for suspending driving privileges.
Presumption of the correctness of department of
revenue records indicating that a motorist
charged with driving 41 miles per hour in a 30
mile per hour zone in a city had paid $15 to the
municipal court clerk was insufficient for pur-
poses of suspending the motorist* s driving privi-
leges where the evidence at the hearing estab-
lished that there was neither a specific court
judgment nor a signed acknowledgment of guilt
as prescribed by subsection (4)(a) of this section
and § 42-4-1505 (2)(a). Troutman v. Dept. of
Rev., 38 Colo. App. 417, 571 P.2d 726 (1976);
Martinez v. Dolan, 41 Colo. App. 513, 591 P.2d
588 (1978).
Statute as basis for jurisdiction. See Har-
rington v. District Court, 192 Colo. 351, 559
P.2d 225 (1977).
Search of an automobile incident to an
arrest for driving without a license under this
section and § 42-2-101 is lawful. People v.
Meredith, 763 P.2d 562 (Colo. 1988).
Distinction between arrest and notice. Hart
v. Herzig, 131 Colo. 458, 283 P.2d 177 (1955);
People v. Griffith, 130 Colo. 475, 276 P.2d 559
(1954); Solt v. People, 130 Colo. 1, 272 P.2d 638
(1954).
Applied in Purcell v. Tomasi, 43 Colo. App.
540, 608 P.2d 844 (1980); Olinyk v. People, 642
P.2d 490 (Colo. 1982); People v. Mumaugh, 644
P.2d 299 (Colo. 1982); Corr v. District Court,
661 P.2d 668 (Colo. 1983).
42-4-1702. Alcohol- or drug-related traffic offenses - collateral attack. (1) Except
as otherwise provided in paragraph (b) of this subsection (1), no person against whom a
judgment has been entered for DUI, DUI per se, DWAI, habitual user, or UDD shall
collaterally attack the validity of that judgment unless such attack is commenced within six
months after the date of entry of the judgment.
(2) In recognition of the difficulties attending the litigation of stale claims and the
potential for frustrating various statutory provisions directed at repeat offenders, former
offenders, and habitual offenders, the only exceptions to the time limitations specified in
paragraph (a) of this subsection (1) shall be:
(a) A case in which the court entering judgment did not have jurisdiction over the
subject matter of the alleged infraction;
(b) A case in which the court entering judgment did not have jurisdiction over the
person of the violator;
(c) Where the court hearing the collateral attack finds by a preponderance of the
evidence that the failure to seek relief within the applicable time period was caused by an
adjudication of incompetence or by commitment of the violator to an institution for
treatment as a person with a mental illness; or
(d) Where the court hearing the collateral attack finds that the failure to seek relief
within the applicable time period was the result of circumstances amounting to justifiable
excuse or excusable neglect.
Title 42 -page 503 Regulation of Vehicles and Traffic 42-4-1705
Source: L. 94: Entire title amended with relocations, p. 2417, § 1, effective January 1,
1995. L. 2006: (2)(c) amended, p. 1409, § 80, effective August 7. L. 2008: (1) amended,
p. 253, § 21, effective July 1.
Editor's note: This section is similar to former § 42-4-1501.5 as it existed prior to 1994, and the
former § 42-4-1702 was relocated to § 43-5-502.
Cross references: For provisions concerning limitation for collateral attack upon trial judgment,
see § 16-5-402.
ANNOTATION
Law reviews. For article, "The New Colo- has been included with the annotations to this
rado Per Se DUI Law", see 12 Colo. Law. 1451 section.
(1983). Judicially created grace period for collat-
Annotator's note. Since § 42-4-1702 is sim- era! attacks on judgments pursuant to § 16-
ilar to § 42-4-1501.5 as it existed prior to the 5-402 did not provide notice that the same
1994 amending of title 42 as enacted by SB grace period would apply to this section. Peo-
94-1, a relevant case construing that provision pie v. Trimble, 839 P. 2d 1168 (Colo. 1992).
42-4-1703. Parties to a crime. Every person who commits, conspires to commit, or
aids or abets in the commission of any act declared in this article and part 1 of article 2 of
this title to be a crime or traffic infraction, whether individually or in connection with one
or more other persons or as principal, agent, or accessory, is guilty of such offense or liable
for such infraction, and every person who falsely, fraudulently, forcibly, or willfully
induces, causes, coerces, requires, permits, or directs another to violate any provision of this
article is likewise guilty of such offense or liable for such infraction.
Source: L. 94: Entire title amended with relocations, p. 2418, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1502 as it existed prior to 1994, and the
former § 42-4-1703 was relocated to § 43-5-503.
42-4-1704. Offenses by persons controlling vehicles. It is unlawful for the owner or
any other person employing or otherwise directing the driver of any vehicle to require or
knowingly to permit the operation of such vehicle upon a highway in any manner contrary
to law. Any person who violates any provision of this section commits a class 2 misde-
meanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2418, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1503 as it existed prior to 1994, and the
former § 42-4-1704 was relocated to § 43-5-504.
Cross references: For penalties for class 2 misdemeanor traffic offenses, see § 42-4-1701
(3)(a)(ID.
42-4-1705. Person arrested to be taken before the proper court (1) Whenever a
person is arrested for any violation of this article punishable as a misdemeanor, the arrested
person shall be taken without unnecessary delay before a county judge who has jurisdiction
of such offense as provided by law, in any of the following cases:
(a) When a person arrested demands an appearance without unnecessary delay before
a judge;
(b) When the person is arrested and charged with an offense under this article causing
or contributing to an accident resulting in injury or death to any person;
42-4-1706
Vehicles and Traffic
Title 42 - page 504
(c) When the person is arrested and charged with DUI, DUI per se, habitual user, or
UDD;
(d) When the person is arrested upon a charge of failure to stop in the event of an
accident causing death, personal injuries, or damage to property;
(e) In any other event when the provisions of section 42-4-1701 (5) (b) and (5) (c) apply
and the person arrested refuses to give a written promise to appear in court as provided in
section 42-4-1707.
(2) Whenever any person is arrested by a police officer for any violation of this article
punishable as a misdemeanor and is not required to be taken before a county judge as
provided in subsection (1) of this section, the arrested person shall, in the discretion of the
officer, either be given a written notice or summons to appear in court as provided in section
42-4-1707 or be taken without unnecessary delay before a county judge who has jurisdic-
tion of such offense when the arrested person does not furnish satisfactory evidence of
identity or when the officer has reasonable and probable grounds to believe the person will
disregard a written promise to appear in court. The court shall provide a bail bond schedule
and available personnel to accept adequate security for such bail bonds.
(2.5) In any case in which the arrested person that is taken before a county judge
pursuant to subsection (1) or (2) of this section is a child, as defined in section 19-1-103
(18), C.R.S., the provisions of section 42-4-1706 (2) shall apply.
(3) Any other provision of law to the contrary notwithstanding, a police officer may
place a person who has been arrested and charged with DUI, DUI per se, or UDD and who
has been given a written notice or summons to appear in court as provided in section
42-4-1707 in a state-approved treatment facility for alcoholism even though entry or other
record of such arrest and charge has been made. Such placement shall be governed by
article 81 of title 27, C.R.S., except where in conflict with this section.
Source: L. 94: Entire title amended with relocations, p. 2418, § 1, effective January 1,
1995. L. 2004: (2.5) added, p. 1332, § 3, effective July 1, 2005. L. 2008: (l)(c) and (3)
amended, p. 253, § 22, effective July 1. L. 2010: (3) amended, (SB 10-175), ch. 188, p.
809, § 89, effective April 29.
Editor's note: This section is similar to former § 42-4-1504 as it existed prior to 1994, and the
former § 42-4-1705 was relocated to § 43-5-505.
ANNOTATION
Annotator's note. Since § 42-4-1705 is sim-
ilar to § 42-4-1504 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Appearance required relative to criminal
prosecution. The requirement in this section for
an appearance before the county court is a
postarrest requirement relative to the criminal
prosecution for driving under the influence and
has no bearing upon a civil proceeding under the
implied consent statute. Ayala v. Colo. Dept. of
Rev., 43 Colo. App. 357, 603 P.2d 979 (1979).
Applied in Stortz v. Colo. Dept. of Rev., 195
Colo. 325, 578 P.2d 229 (1978).
42-4-1706. Juveniles - convicted - arrested and incarcerated - provisions for
confinement (1) Notwithstanding any other provision of law, a child, as defined in
section 19-1-103 (18), C.R.S., convicted of a misdemeanor traffic offense under this article,
violating the conditions of probation imposed under this article, or found in contempt of
court in connection with a violation or alleged violation under this article shall not be
confined in a jail, lockup, or other place used for the confinement of adult offenders if the
court with jurisdiction is located in a county in which there is a juvenile detention facility
operated by or under contract with the department of human services that shall receive and
provide care for such child or if the jail is located within forty miles of such facility. The
court imposing penalties under this section may confine a child for a determinate period of
time in a juvenile detention facility operated by or under contract with the department of
human services. If a juvenile detention facility operated by or under contract with the
Title 42 -page 505 Regulation of Vehicles and Traffic 42-4-1707
department of human services is not located within the county or within forty miles of the
jail, a child may be confined for up to forty-eight hours in a jail pursuant to section 19-2-508
(4), C.R.S.
(2) (a) Notwithstanding any other provision of law, a child, as defined in section
19-1-103 (18), C.R.S., arrested and incarcerated for an alleged misdemeanor traffic offense
under this article, and not released on bond, shall be taken before a county judge who has
jurisdiction of such offense within forty-eight hours for fixing of bail and conditions of bond
pursuant to section 19-2-508 (4) (d), C.R.S. Such child shall not be confined in a jail,
lockup, or other place used for the confinement of adult offenders for longer than
seventy-two hours, after which the child may be further detained only in a juvenile
detention facility operated by or under contract with the department of human services. In
calculating time under this subsection (2), Saturdays, Sundays, and court holidays shall be
included.
(b) In any case in which a child is taken before a county judge pursuant to paragraph
(a) of this subsection (2), the child's parent or legal guardian shall immediately be notified
by the court in which the county judge sits. Any person so notified by the court under this
paragraph (b) shall comply with the provisions of section 42-4-1716 (4).
Source: L. 94: Entire section amended, p. 2720, § 309, effective July 1; entire title
amended with relocations, p. 2419, § 1, effective January 1, 1995. L. 96: (1) amended, p.
1698, § 46, effective January 1, 1997. L. 98: (2) amended, p. 830, § 56, effective August
5. L. 2004: (2) amended, p. 1333, § 4, effective July 1, 2005.
Editor's note: (1) This section is similar to former § 42-4-1504.5 as it existed prior to 1994.
(2) Amendments to this section by House Bill 94-1029 were harmonized with Senate Bill 94-001 .
42-4-1707. Summons and complaint or penalty assessment notice for misdemean-
ors, petty offenses, and misdemeanor traffic offenses - release - registration.
(1) (a) Whenever a person commits a violation of this title punishable as a misdemeanor,
petty offense, or misdemeanor traffic offense, other than a violation for which a penalty
assessment notice may be issued in accordance with the provisions of section 42-4-1701 (5)
(a), and such person is not required by the provisions of section 42-4-1705 to be arrested
and taken without unnecessary delay before a county judge, the peace officer may issue and
serve upon the defendant a summons and complaint which shall contain the name and
address of the defendant, the license number of the vehicle involved, if any, the number of
the defendant's driver's license, if any, a citation of the statute alleged to have been violated,
a brief description of the offense, the date and approximate location thereof, and the date the
summons and complaint is served on the defendant; shall direct the defendant to appear in
a specified county court at a specified time and place; shall be signed by the peace officer;
and shall contain a place for the defendant to execute a written promise to appear at the time
and place, specified in the summons portion of the summons and complaint
(b) A summons and complaint issued and served pursuant to paragraph (a) of this
subsection (1) on a minor under the age of eighteen years shall also contain or be
accompanied by a document containing an advisement to the minor that the minor's parent
or legal guardian, if known, shall be notified by the court from which the summons is issued
and be required to appear with the minor at the minor's court hearing or hearings.
(2) If a peace officer issues and serves a summons and complaint to appear in any court
upon the defendant as described in subsection (1) of this section, any defect in form in such
summons and complaint regarding the name and address of the defendant, the license
number of the vehicle involved, if any, the number of the defendant's driver's license, if
any, the date and approximate location thereof, and the date the summons and complaint is
served on the defendant may be cured by amendment at any time prior to trial or any time
before verdict or findings upon an oral motion by the prosecuting attorney after notice to the
defendant and an opportunity for a hearing. No such amendment shall be permitted if
substantial rights of the defendant are prejudiced. No summons and complaint shall be
considered defective so as to be cause for dismissal solely because of a defect in form in
such summons and complaint as described in this subsection (2).
42-4-1707 Vehicles and Traffic Title 42 - page 506
(3) (a) Whenever a penalty assessment notice for a misdemeanor, petty offense, or
misdemeanor traffic offense is issued pursuant to section 42-4-1701 (5) (a), the penalty
assessment notice that shall be served upon the defendant by the peace officer shall contain
the name and address of the defendant, the license number of the vehicle involved, if any,
the number of the defendant's driver's license, if any, a citation of the statute alleged to have
been violated, a brief description of the offense, the date and approximate location thereof,
the amount of the penalty prescribed for the offense, the amount of the surcharges thereon
pursuant to sections 24-4.1-119 (1) (f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S., the
number of points, if any, prescribed for the offense pursuant to section 42-2-127, and the
date the penalty assessment notice is served on the defendant; shall direct the defendant to
appear in a specified county court at a specified time and place in the event the penalty and
surcharges thereon are not paid; shall be signed by the peace officer; and shall contain a
place for the defendant to elect to execute a signed acknowledgment of guilt and an
agreement to pay the penalty prescribed and surcharges thereon within twenty days, as well
as such other information as may be required by law to constitute the penalty assessment
notice to be a summons and complaint, should the prescribed penalty and surcharges
thereon not be paid within the time allowed in section 42-4-1701.
(a.5) A penalty assessment notice issued and served pursuant to paragraph (a) of this
subsection (3) on a minor under the age of eighteen years shall also contain or be
accompanied by a document containing:
(I) A preprinted declaration stating that the minor's parent or legal guardian has
reviewed the contents of the penalty assessment notice with the minor;
(II) Preprinted signature lines following the declaration on which the reviewing person
described in subparagraph (I) of this paragraph (a.5) shall affix his or her signature and for
a notary public to duly acknowledge the reviewing person's signature; and
(III) An advisement to the minor that:
(A) The minor shall, within seventy-two hours after service of the penalty assessment
notice, inform his or her parent or legal guardian that the minor has received a penalty
assessment notice;
(B) The parent or legal guardian of the minor is required by law to review and sign the
penalty assessment notice and to have his or her signature duly acknowledged by a notary
public; and
(C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this
subparagraph (III) shall result in the minor and the parent or legal guardian of the minor
being required to appear in court pursuant to sections 42-4-1710 (1) (b), 42-4-1710 (1.5),
and 42-4-1716 (4).
(b) One copy of said penalty assessment notice shall be served upon the defendant by
the peace officer and one copy sent to the supervisor within the department and such other
copies sent as may be required by rule of the department to govern the internal adminis-
tration of this article between the department and the Colorado state patrol.
(4) (a) The time specified in the summons portion of said summons and complaint
must be at least twenty days after the date such summons and complaint is served, unless
the defendant shall demand an earlier court appearance date.
(b) The time specified in the summons portion of said penalty assessment notice shall
be at least thirty days but not more than ninety days after the date such penalty assessment
notice is served, unless the defendant shall demand an earlier court appearance date.
(5) The place specified in the summons portion of said summons and complaint or of
the penalty assessment notice must be a county court within the county in which the offense
is alleged to have been committed.
(6) If the defendant is otherwise eligible to be issued a summons and complaint or a
penalty assessment notice for a violation of this title punishable as a misdemeanor, petty
offense, or misdemeanor traffic offense and if the defendant does not possess a valid
Colorado driver's license, the defendant, in order to secure release, as provided in this
section, must either consent to be taken by the officer to the nearest mailbox and to mail the
amount of the penalty and surcharges thereon to the department or must execute a promise
to appear in court on the penalty assessment notice or on the summons and complaint. If the
defendant does possess a valid Colorado driver's license, the defendant shall not be required
Title 42 -page 507
Regulation of Vehicles and Traffic
42-4-1708
to execute a promise to appear on the penalty assessment notice or on the summons and
complaint. The peace officer shall not require any person who is eligible to be issued a
summons and complaint or a penalty assessment notice for a violation of this title to
produce or divulge such person' s social security number.
(7) Any officer violating any of the provisions of this section is guilty of misconduct in
office and shall be subject to removal from office.
Source: L. 94: Entire title amended with relocations, p. 2420, § 1, effective January 1,
1995. L. 2000: (3)(b) amended, p. 1645, § 32, effective June 1. L. 2001: (6) amended, p.
942, § 10, effective July l.L. 2004: (1) amended and (3)(a.5) added, pp. 1333, 1334, §§ 5,
6, effective July 1, 2005. L. 2007: (3)(a) amended, p. 1121, § 6, effective July 1. L. 2009:
(3)(a) and (6) amended, (SB 09-241), ch. 295, p. 1579, § 7, effective July 1.
Editor's note: This section is similar to former § 42-4-1505 as it existed prior to 1994.
ANNOTATION
Law reviews. For article, "Review of New
Legislation Relating to Criminal Law", see 11
Colo. Law. 2148 (1982).
Annotator's note. Since § 42-4-1707 is sim-
ilar to § 42-4-1505 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Section 42-4-1507 does not allow noncom-
pliance with the mandate of § 42-4-1505;
rather, § 42-4-1507 relates to other procedures
concerning arrest. People v. Overlee, 174 Colo.
202, 483 P.2d 222 (1971).
Failure of notice to advise that signature
and payment of fine constitute guilty plea.
Where there was no statement in the penalty
assessment notices advising defendant that his
signature and payment of the fine constituted a
plea of guilty or an acknowledgment of guilt, the
notices did not comply with the mandatory re-
quirements of this section, and defendant's ac-
ceptance of the notices in the form tendered and
his payment of the fines stated therein may not
be considered a conviction for which points may
be assessed. Cave v. Colo. Dept. of Rev., 31
Colo. App. 185, 501 P.2d 479 (1972).
Presumption of correctness of records held
insufficient for suspending driving privileges.
Presumption of the correctness of department of
revenue records indicating that a motorist
charged with driving 41 miles per hour in a 30
mile per hour zone in a city had paid $15 to the
municipal court clerk was insufficient for pur-
poses of suspending the motorist's driving privi-
leges where the evidence at the hearing estab-
lished that there was neither a specific court
judgment nor a signed acknowledgment of guilt
as prescribed by section 42-4-1501 (4) (a) and
subsection (2) (a) of this section. Iroutman v.
Dept. of Rev., 38 Colo. App. 417, 571 P.2d 726
(1976); Martinez v. Dolan, 41 Colo. App. 513,
591 P.2d 588 (1978).
Payment of ticket, and subsequent lack of
protest, precludes challenge of conviction.
Where a party pays a traffic ticket without a
court judgment or a signed acknowledgment of
guilt, but does not challenge the validity of the
conviction and affirms the accuracy of his driv-
ing record at a departmental hearing, the party
may not then challenge the conviction. Martinez
v. Dolan, 41 Colo. App. 513, 591 P.2d 588
(1978).
Applied in Stortz v. Colo. Dept of Rev., 195
Colo. 325, 578 P.2d 229 (1978).
42-4-1708. Traffic infractions - proper court for hearing, burden of proof - appeal
- collateral attack. (1) Every hearing in county court for the adjudication of a traffic
infraction, as provided by this article, shall be held before a county court magistrate
appointed pursuant to part 5 of article 6 of title 13, C.R.S., or before a county judge acting
as a magistrate; except that, whenever a crime and a class A or class B traffic infraction or
a crime and both such class A and class B traffic infractions are charged in the same
summons and complaint, all charges shall be made returnable before a judge or magistrate
having jurisdiction over the crime and the rules of criminal procedure shall apply. Nothing
in this part 17 or in part 5 of article 6 of tide 13, C.R.S., shall be construed to prevent a court
having jurisdiction over a criminal charge relating to traffic law violations from lawfully
entering a judgment on a case dealing with a class A or class B traffic infraction.
(2) When a court of competent jurisdiction determines that a person charged with a
class 1 or class 2 misdemeanor traffic offense is guilty of a lesser-included offense which
42-4-1709
Vehicles and Traffic
Title 42 - page 508
is a class A or class B traffic infraction, the court may enter a judgment as to such lesser
charge.
(3) The burden of proof shall be upon the people, and the traffic magistrate shall enter
judgment in favor of the defendant unless the people prove the liability of the defendant
beyond a reasonable doubt. The district attorney or the district attorney's deputy may, in the
district attorney's discretion, enter traffic infraction cases for the purpose of attempting a
negotiated plea or a stipulation to deferred prosecution or deferred judgment and sentence
but shall not be required to so enter by any person, court, or law, nor shall the district
attorney represent the state at hearings conducted by a magistrate or a county judge acting
as a magistrate on class A or class B traffic infraction matters. The magistrate or county
judge acting as a magistrate shall be permitted to call and question any witness and shall
also act as the fact finder at hearings on traffic infraction matters.
(4) Appeal from final judgment on a traffic infraction matter shall be taken to the
district court for the county in which (he magistrate or judge acting as magistrate is located.
(5) (a) Except as otherwise provided in paragraph (b) of this subsection (5), no person
against whom a judgment has been entered for a traffic infraction as defined in section
42-4-1701 (3) (a) shall collaterally attack the validity of that judgment unless such attack
is commenced within six months after the date of entry of the judgment.
(b) In recognition of the difficulties attending the litigation of stale claims and the
potential for frustrating various statutory provisions directed at repeat offenders, former
offenders, and habitual offenders, the only exceptions to the time limitations specified in
paragraph (a) of this subsection (5) shall be:
(I) A case in which the court entering judgment did not have jurisdiction over the
subject matter of the alleged infraction;
(II) A case in which the court entering judgment did not have jurisdiction over the
person of the violator;
(III) Where the court hearing the collateral attack finds by a preponderance of the
evidence that the failure to seek relief within the applicable time period was caused by an
adjudication of incompetence or by commitment of the violator to an institution for
treatment as a person with a mental illness; or
(IV) Where the court hearing the collateral attack finds that the failure to seek relief
within the applicable time period was the result of circumstances amounting to justifiable
excuse or excusable neglect.
Source: L. 94: Entire title amended with relocations, p. 2421, § 1, effective January 1,
1995. L. 2006: (5)(b)(m) amended, p. 1409, § 81, effective August 7.
Editor's note: This section is similar to former § 42-4-1505.3 as it existed prior to 1994.
Cross references: For provisions concerning limitation for collateral attack upon trial judgment,
see § 16-5-402; for penalties for class A and class B traffic infractions and class 1 and class 2
misdemeanor traffic offenses, see § 42-4-1701 (3)(a).
ANNOTATION
Annotator's note. Since § 42-4-1708 is sim-
ilar to § 42-4-1505.3 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, a relevant case construing that provision
has been included with the annotations to this
section.
This section requires traffic infractions and
criminal offenses to be made returnable to a
court having jurisdiction over the criminal
offense when all charges are contained in the
same summons and complaint. When a sum-
mons and complaint charging a traffic infraction
are made returnable to a referee, the district
attorney is precluded from participating in the
proceeding. Williamsen v. People, 735 P.2d 176
(Colo. 1987).
42-4-1709. Penalty assessment notice for traffic infractions - violations of provi-
sions by officer - driver's license. (1) Whenever a penalty assessment notice for a traffic
infraction is issued pursuant to section 42-4-1701 (5) (a), the penalty assessment notice that
shall be served upon the defendant by the peace officer shall contain the name and address
Title 42 -page 509 Regulation of Vehicles and Traffic 42-4-1709
of the defendant, the license number of the vehicle involved, if any, the number of the
defendant's driver's license, if any, a citation of the statute alleged to have been violated,
a brief description of the traffic infraction, the date and approximate location thereof, the
amount of the penalty prescribed for the traffic infraction, the amount of the surcharges
thereon pursuant to sections 24-4.1-119 (1) (f), 24-4.2-104 (1), and 24-33.5-415.6, C.R.S.,
the number of points, if any, prescribed for the traffic infraction pursuant to section
42-2-127, and the date the penalty assessment notice is served on the defendant; shall direct
the defendant to appear in a specified county court at a specified time and place in the event
the penalty and surcharges thereon are not paid; shall be signed by the peace officer; and
shall contain a place for the defendant to elect to execute a signed acknowledgment of
liability and an agreement to pay the penalty prescribed and surcharges thereon within
twenty days, as well as such other information as may be required by law to constitute the
penalty assessment notice to be a summons and complaint, should the prescribed penalty
and surcharges thereon not be paid within the time allowed in section 42-4-1701.
(1.5) A penalty assessment notice issued and served pursuant to subsection (1) of this
section on a minor under the age of eighteen years shall also contain or be accompanied by
a document containing:
(a) A preprinted declaration stating that the minor's parent or legal guardian has
reviewed the contents of the penalty assessment notice with the minor;
(b) Preprinted signature lines following the declaration on which the reviewing person
described in paragraph (a) of this subsection (1.5) shall affix his or her signature and for a
notary public to duly acknowledge the reviewing person's signature; and
(c) An advisement to the minor that:
(1) The minor shall, within seventy-two hours after service of the penalty assessment
notice, inform his or her parent or legal guardian that the minor has received a penalty
assessment notice;
(II) The parent or legal guardian of the minor is required by law to review and sign the
penalty assessment notice and to have his or her signature duly acknowledged by a notary
public; and
(IQ) Noncompliance with the requirement set forth in subparagraph (II) of this para-
graph (c) shall result in the minor and the parent or legal guardian of the minor being
required to appear in court pursuant to sections 42-4-1710 (1) (b), 42-4-1710 (1.5), and
42-4-1716 (4).
(2) One copy of said penalty assessment notice shall be served upon the defendant by
the peace officer and one copy sent to the supervisor within the department and such other
copies sent as may be required by rule of the department to govern the internal adminis-
tration of this article between the department and the Colorado state patrol.
(3) The time specified in the summons portion of said penalty assessment notice must
be at least thirty days but not more than ninety days after the date such penalty assessment
notice is served, unless the defendant shall demand an earlier hearing.
(4) The place specified in the summons portion of said penalty assessment notice must
be a county court within the county in which the traffic infraction is alleged to have been
committed.
(5) Whenever the defendant refuses to accept service of the penalty assessment notice,
tender of such notice by the peace officer to the defendant shall constitute service thereof
upon the defendant.
(6) Any officer violating any of the provisions of this section is guilty of misconduct in
office and shall be subject to removal from office.
(7) (a) A person shall not be allowed or permitted to obtain or renew a permanent
driver's, minor driver's, or probationary license if such person has, at the time of making
application for obtaining or renewing such driver's license:
(I) An outstanding judgment entered against such person on and after January 1, 1983,
pursuant to section 42-4-1710 (2) or (3);
(II) An outstanding judgment entered against such person by a county or municipal
court for a violation of a statute or ordinance relating to the regulation of motor vehicles or
traffic, excluding traffic infractions defined by state statute or ordinance and violations
relating to parking;
42-4-1710 Vehicles and Traffic Title 42 - page 510
(EI) A bench warrant issued against such person by a county or municipal court for
failure to appear to answer a citation for an alleged violation of a statute or ordinance
relating to the regulation of motor vehicles or traffic, excluding traffic infractions defined by
state statute or ordinance and violations relating to parking;
(IV) An outstanding judgment entered against such person by a municipal court for a
violation of any municipal ordinance which occurred when such person was under eighteen
years of age, excluding traffic infractions defined by state statute or ordinance and violations
related to parking;
(V) A bench warrant issued against such person by a municipal court for failure to
appear to answer a summons or summons and complaint for an alleged violation of any
municipal ordinance that occurred when such person was under eighteen years of age,
excluding traffic infractions defined by state statute or ordinance and violations relating to
parking;
(VI) Issued a check or order to the department to pay a penalty assessment, a driver's
license fee, a license reinstatement fee, or a motor vehicle record fee and such check or
order is returned for insufficient funds or a closed account and remains unpaid. For the
purposes of this subparagraph (VI), the term "insufficient funds" means having an
insufficient balance on account with a bank or other drawee for the payment of a check or
order when the check or order is presented for payment within thirty days after issue.
(VII) Repealed.
(VIII) An outstanding judgment entered against such person by a county or municipal
court for a violation of section 42-4-1416.
(b) The restrictions in paragraph (a) of this subsection (7) shall not apply in cases where
an appeal from any determination of liability and penalty is pending and not disposed of at
the time of such application for obtaining or renewing a driver's license.
Source: L. 94: Entire title amended with relocations, p. 2423, § 1, effective January 1,
1995. L. 95: (7)(a) amended, p. 1004, § 2, effective July 1. L. 96: IP(7)(a) amended, p.
1205, § 6, effective July 1. L. 97: (7)(a)(VI) added, p. 1386, § 7, effective July 1.
L. 2000: (2) amended, p. 1645, § 33, effective June 1; IP(7)(a) amended, p. 1359, § 39,
effective July 1, 2001. L. 2003: (7)(a)(VH) added, p. 1388, § 1, effective August 6.
L. 2004: (1.5) added, p. 1334, § 7, effective July 1, 2005. L. 2005: (7)(a)(VH) repealed,
p. 838, § 3, June 1. L. 2007: (1) amended, p. 1121, § 7, effective July 1. L. 2009: (1)
amended, (SB 09-241), ch. 295, p. 1580, § 8, effective July 1. L. 2012: IP(7)(a) amended
and (7)(a)(VHI) added, (SB 12-044), ch. 274, p. 1448, § 3, effective June 8.
42-4-1710. Failure to pay penalty for traffic Infractions - failure of parent or
guardian to sign penalty assessment notice - procedures. (1) (a) Unless a person who
has been cited for a traffic infraction pays the penalty assessment as provided in this article
and surcharge thereon pursuant to sections 24-4.1-119 (1) (f) and 24-4.2-104 (1), C.R.S., the
person shall appear at a hearing on the date and time specified in the citation and answer
the complaint against such person.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1) and section
42-4-1701 (5), a minor under the age of eighteen years shall be required to appear at a
hearing on the date and time specified in the citation and answer the complaint if the penalty
assessment was timely paid but not signed and notarized in the manner required by section
42-4-1707 (3) (a.5) or 42-4-1709 (1.5).
(1.5) If a minor under the age of eighteen years is required to appear at a hearing
pursuant to subsection (1) of this section, the minor shall so inform his or her parent or legal
guardian, and the parent or legal guardian shall also be required to appear at the hearing.
(2) If the violator answers that he or she is guilty or if the violator fails to appear for
the hearing, judgment shall be entered against the violator.
(3) If the violator denies the allegations in the complaint, a final hearing on the
complaint shall be held subject to the provisions regarding a speedy trial which are
contained in section 18-1-405, C.R.S. If the violator is found guilty or liable at such final
hearing or if the violator fails to appear for a final hearing, judgment shall be entered against
the violator.
Title 42 - page 511 Regulation of Vehicles and Traffic 42-4-1712
(4) (a) (I) (A) If judgment is entered against a violator, the violator shall be assessed
an appropriate penalty and surcharge thereon, a docket fee of sixteen dollars, and other
applicable costs authorized by section 13-16-122 (1), C.R.S. If the violator had been cited
by a penalty assessment notice, the penalty shall be assessed pursuant to section 42-4-1701
(4) (a). If a penalty assessment notice is prohibited by section 42-4-1701 (5) (c), the penalty
shall be assessed pursuant to section 42-4-1701 (3) (a).
(B) On and after July 1 , 2008, all docket fees collected under this subparagraph (I) shall
be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created
in section 13-32-101 (6), C.R.S.
(II) On and after June 6, 2003, the docket fee assessed in subparagraph (I) of this
paragraph (a) shall be increased by three dollars. The additional revenue generated by the
docket fee shall be transmitted to the state treasurer for deposit in the state commission on
judicial performance cash fund created in section 13-5.5-107, C.R.S.
(a.5) Pursuant to section 13-1-204 (1) (b), C.R.S., a five-dollar surcharge, in addition to
the original surcharge described in paragraph (a) of this subsection (4), shall be assessed and
collected on each docket fee that is described in paragraph (a) of this subsection (4)
concerning penalties assessed on and after July 1, 2007.
(b) In no event shall a bench warrant be issued for the arrest of any person who fails
to appear for a hearing pursuant to subsection (1.5) or (2) of this section or for a final
hearing pursuant to subsection (3) of this section. Except as otherwise provided in section
42-4-1716, entry of judgment and assessment of the penalty and surcharge pursuant to
paragraph (a) of this subsection (4) and any penalties imposed pursuant to section 42-2-127
shall constitute the sole penalties for failure to appear for either the hearing or the final
hearing.
Source: L. 94: Entire tide amended with relocations, p. 2424, § 1, effective January 1,
1995. L. 98: (4) amended, p. 1433, § 1, effective July 1. L. 2003: (4)(a) amended, p. 2671,
§ 2, effective June 6. L. 2004: (1) and (4Kb) amended and (1.5) added, p. 1335, § 8,
effective July 1, 2005. L. 2007: (4)(a.5) added, p. 1269, § 8, effective May 25; (4)(aXI)
amended, p. 1539, § 33, effective May 31; (l)(a) amended, p. 1122, § 8, effective July 1.
L. 2008: (4)(a)(I)(B) amended, p. 2148, § 26, effective June 4.
Editor's note: This section is similar to former § 42-4-1505.7 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2008 act amending subsection
(4)(a)(I)(B), see section 1 of chapter 417, Session Laws of Colorado 2008.
42-4-1711. Compliance with promise to appear. A written promise to appear in court
may be complied with by an appearance by counsel.
Source: L. 94: Entire tide amended with relocations, p. 2425, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1506 at is existed prior to 1994.
42-4-1712. Procedure prescribed not exclusive. The foregoing provisions of this
article shall govern all police officers in making arrests without a warrant or issuing
citations for violations of this article, for offenses or infractions committed in their presence,
but the procedure prescribed in this article shall not otherwise be exclusive of any other
method prescribed by law for the arrest and prosecution of a person for an offense or
infraction of like grade.
Source: L. 94: Entire title amended with relocations, p. 2425, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1507 as it existed prior to 1994.
42-4-1713
Vehicles and Traffic
Title 42 -page 512
Cross references: For arrests generally, see article 3 of title 16.
ANNOTATION
Annotator's note. Since § 42-4-1712 is sim-
ilar to § 42-4-1507 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
Section relates to other procedures con-
cerning arrest Section 42-4-1507 does not al-
low noncompliance with the mandate of § 42-
4-1505; rather, § 42-4-1507 relates to other
procedures concerning arrest. People v. Overlee,
174 Colo. 202, 483 P.2d 222 (1971).
The inclusion of the word "otherwise*' in
this section was not meant to give exclusive
jurisdiction to a county judge in those cases
where the alleged offense was committed in the
presence of the arresting officer People v.
Griffith, 130 Colo. 475, 276 P.2d 559 (1954).
42-4-1713. Conviction record inadmissible in civil action. Except as provided in
sections 42-2-201 to 42-2-208, no record of the conviction of any person for any violation
of this article shall be admissible as evidence in any court in any civil action.
Source: L. 94: Entire title amended with relocations, p. 2425, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1508 as it existed prior to 1994.
ANNOTATION
Law reviews. For article, "Plea of Guilty as
an Admission", see 33 Dicta 188 (1956).
Annotator's note. Since § 42-4-1713 is sim-
ilar to § 42-4-1508 as it existed prior to the
1994 amending of title 42 as enacted by SB
94-1, relevant cases construing that provision
have been included with the annotations to this
section.
This section prohibits the admission in ev-
idence of the record of conviction of any
person, for violation of the state traffic laws, in
a civil action. Ripple v. Brack, 132 Colo. 125,
286 P.2d 625 (1955).
This section prevents the admission of evi-
dence of conviction for failure to yield in vio-
lation of § 42-4-703 (3). That evidence may not
be introduced at trial or during summary judg-
ment and may not serve as the basis for issue
preclusion on the question of violation of a
statute. Bullock v. Wayne, 623 F. Supp. 2d 1247
(D. Colo. 2009).
Unless §§ 42-2-201 to 42-2-208 are impli-
cated, evidence of a driver's prior traffic con-
victions is not admissible in a civil action,
even if such convictions caused the driver's
license to be suspended at the time of the acci-
dent that is the subject of the civil action. Absent
an adjudication by the department of revenue
that the driver was an habitual offender, the
convictions are inadmissible for any purpose,
including to show that the prior convictions
giving rise to the suspension indicated a habit,
practice, and pattern of disregard for traffic
regulations. Lawrence v. Taylor, 8 P.3d 607
(Colo. App. 2000).
Highly speculative assertion in personal in-
jury action that plaintiff's decedent would
have been convicted of driving under suspen-
sion had he survived, and thus qualify as an
habitual offender under §§ 42-2-201 to 42-2-
208, does not meet the exception in this sec-
tion. Thus, the decedent's prior traffic convic-
tions were properly excluded at trial. Lawrence
v. Taylor, 8 P.3d 607 (Colo. App. 2000).
Section prohibits admission of evidence of
charge of violation. By this section, the general
assembly obviously intended, by prohibiting the
admission in evidence in a civil action of the
record of conviction of any person for violation
of the traffic laws, to prohibit also the asking
questions as to whether or not the plaintiff had
been charged in justice's court with a violation
of the state traffic laws. Ripple v. Brack, 132
Colo. 125, 286 P.2d 625 (1955).
No prejudice to defendant The medical wit-
ness stated: "An auto hit him in the back and he
got a ticket for reckless driving." The statement
is ambiguous; for that reason it was proper to
clarify since the plaintiff did not receive a ticket,
and the defendant's counsel did not move to
strike the statement. The facts do not bring the
motion for mistrial within the ambit of the pro-
scription of the statute, since the statement made
no mention of a "conviction", nor was any
effort made to introduce a "record of the con-
viction of any person". There was no prejudice
to the defendant. Thompson v. Tartler, 166 Colo.
247, 443 P.2d 365 (1968).
Applied in McCormick v. United States, 539
F. Supp. 1179 (D. Colo. 1982).
Title 42 - page 513 Regulation of Vehicles and Traffic 42-4-1715
42-4-1714. Traffic violation not to affect credibility of witness. The conviction of a
person upon a charge of violating any provision of this article or other traffic regulation less
than a felony shall not affect or impair the credibility of such person as a witness in any civil
or criminal proceeding.
Source: L. 94: Entire title amended with relocations, p. 2425, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1509 as it existed prior to 1994.
42-4-1715. Convictions, judgments, and charges recorded - public inspection.
( 1 ) (a) Every judge of a court not of record and every clerk of a court of record shall keep
a full record of every case in which a person is charged with any violation of this article or
any other law regulating the operation of vehicles on highways.
(b) (I) Upon application by a person, the court shall expunge all records concerning a
conviction of the person for UDD with a BAC of at least 0.02 but not more than 0.05 if:
(A) Such person presents a request for expungement to the court and provides all
information required by the court to process such request;
(B) Such person is over twenty-one years of age and the court action regarding the
offense has been concluded;
(C) The person has not been convicted for any other offense under section 42-4-1301
that was committed while such person was under twenty-one years of age;
(D) Such person pays the fine and surcharge for such conviction and completes any
other requirements of the court with regard to such conviction, including, but not limited to,
any order to pay restitution to any party;
(E) Such person has never held a commercial driver's license as defined in section
42-2-402; and
(F) Such person was not operating a commercial motor vehicle as defined in section
42-2-402.
(II) Upon receiving a request for expungement, the court may delay consideration of
such request until sufficient time has elapsed to ensure that the person is not convicted for
any additional offense of DUI, DUI per se, DWAI, habitual user, or UDD committed while
the person was under twenty-one years of age.
(2) (a) Subject to paragraph (b) of this subsection (2), within ten days after the entry
of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating this
article or other law regulating the operation of vehicles on highways, the judge or clerk of
the court in which the entry of a judgment was made, the conviction was had, or bail was
forfeited shall prepare and forward to the department an abstract of the record of the court
covering every case in which the person had a judgment entered against him or her, was
convicted, or forfeited bail, which abstract shall be certified by the preparer to be true and
correct.
(b) For the holder of a commercial driver's license as defined in section 42-2-402 or an
offense committed by a person operating a commercial motor vehicle as defined in section
42-2-402, within five days after conviction of a person upon a charge of violating this article
or other law regulating the operation of vehicles on highways, the judge or clerk of the court
in which the person was convicted shall prepare and forward to the department an abstract
of the record of the court covering every case in which the person was convicted, which
abstract shall be certified by the preparer to be true and correct.
(3) Said abstract must be made upon a form furnished by the department and shall
include the name, address, and driver's license number of the party charged, the registration
number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the
judgment or whether bail forfeited, and the amount of the fine or forfeiture.
(4) (a) Every court of record shall also forward a like report to the department:
(I) Upon the conviction of any person of vehicular homicide or any other felony in the
commission of which a vehicle was used; and
42-4-1716
Vehicles and Traffic
Title 42 -page 514
(II) Upon the dismissal of a charge for DUI, DUI per se, DWAI, habitual user, or UDD
or if the original charge was for DUI, DUI per se, DWAI, habitual user, or UDD and the
conviction was for a nonalcohol- or nondrug-related traffic offense,
(b) (Deleted by amendment, L. 2008, p. 475, § 6, effective July 1, 2008.)
(5) The department shall keep all abstracts received under this section, as well as a
record of penalty assessments received, at the main office, and the same shall be public
records and subject to the provisions of section 42-1-206.
Source: L. 94: Entire title amended with relocations, p. 2425, § 1, effective January 1,
1995. L. 97: (1) amended, p. 1469, § 15, effective July 1. L. 98: IP(l)(b)(I) amended, p.
176, § 7, effective April 6. L. 2008: IP(l)(b)(I), (l)(b)(II), and (4)(a)(H) amended, p. 253,
§ 23, effective July 1; (l)(b)(I)(E) and (l)(b)(I)(F) added and (2) and (4)(b) amended, pp.
474, 475, §§ 5, 6, effective July 1.
Editor's note: This section is similar to former § 42-4-1510 as it existed prior to 1994.
Cross references: For vehicular homicide, see § 18-3-106.
ANNOTATION
Annotator's note. Since § 42-4-1715 is sim-
ilar to § 42-4-1510 as it existed prior to the
1994 of title 42 as enacted by SB 94-1, a rele-
vant case construing that provision has been
included with the annotations to this section.
"[E]xpunge all records concerning a con-
viction of the person for UDD", as that
phrase is used in subsection (l)(b)(I), means
to strike out, obliterate, or mark for deletion
all references to petitioner's arrest for UDD,
the institution and prosecution of UDD
charges against the petitioner, and the peti-
tioner's conviction therefor. People v.
Connors, 230 P.3d 1265 (Colo. App. 2010).
Subsection (l)(b)(I) does not provide for
the expungement of non-UDD charges, even
if such charges were brought at the same time
or in the same document as the UDD charge.
People v. Connors, 230 P.3d 1265 (Colo. App.
2010).
"Expunge", as used in subsection (l)(b)(I),
does not require expungement of records con-
cerning non-UDD charges when such charges
are brought along with the UDD charge. Thus, it
was error for magistrate to expunge pursuant to
subsection ( l)(b)(I) two charges for possession
of a controlled substance. People v. Connors,
230 P.3d 1265 (Colo. App. 2010).
Department's driving records are pre-
sumed correct The mere absence of any nota-
tion on traffic tickets concerning their disposi-
tion does not overcome the presumption of
correctness of the department's driving records.
A driving record is prima facie proof of its
contents, including convictions, without the ne-
cessity of looking behind the records to the
underlying tickets. People v. Anadale, 674 P.2d
372 (Colo. 1984).
42-4-1716. Notice to appear or pay fine - failure to appear - penalty. (1) For the
purposes of this part 17, tender by an arresting officer of the summons or penalty assessment
notice shall constitute notice to the violator to appear in court at the time specified on such
summons or to pay the required fine and surcharge thereon.
(2) Except as otherwise provided in subsection (4) of this section, a person commits
a class 2 misdemeanor traffic offense if the person fails to appear to answer any offense
other than a traffic infraction charged under this part 17.
(3) (Deleted by amendment, L. 2004, p. 1335, § 9, effective July 1, 2005.)
(4) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), a
person who is a parent or legal guardian of a minor under the age of eighteen years and who
is required to appear in court with the minor pursuant to the provisions of this part 17
including but not limited to section 42-4-1706 (2) (b), 42-4-1707 (1) (b), or 42-4-1710 (1.5),
shall appear in court at the location and on the date stated in the penalty assessment notice
or in the summons and complaint or as instructed by the court.
(II) The provisions of subparagraph (I) of this paragraph (a) concerning the appearance
of a parent or legal guardian shall not apply in a case where the minor under the age of
eighteen years or the parent of the minor demonstrates to the court by clear and convincing
evidence that the minor is an emancipated minor.
Title 42 - page 515 Regulation of Vehicles and Traffic 42-4-1717
(HI) For purposes of this subsection (4), "emancipated minor" means a minor under
the age of eighteen years who has no legal guardian and whose parents have entirely
surrendered the right to the care, custody, and earnings of the minor, no longer are under any
duty to support or maintain the minor, and have made no provision for the support of the
minor.
(b) A person who violates any provision of paragraph (a) of subparagraph (I) of this
subsection (4) commits a class 1 petty offense and shall be punished pursuant to section
18-1.3-503, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2426, § 1, effective January 1,
1995. L. 2004: (2) and (3) amended and (4) added, p. 1335, § 9, effective July 1, 2005.
Editor's note: This section is similar to former § 42-4-1511 as it existed prior to 1994.
Cross references: For penalties for class 2 misdemeanor traffic offenses, see § 42-4-1701
(3)(a)(II).
ANNOTATION
Law reviews. For article, "Review of New
Legislation Relating to Criminal Law**, see 11
Colo. Law. 2148 (1982).
42-4-1717. Conviction - attendance at driver improvement school - rales. (1) Ex-
cept as otherwise provided in subsection (2) of this section, if a person has been convicted
of violating this article or any other law regulating the operation of motor vehicles other
than a violation of section 42-4-1301, the court may require the defendant, or, if the
defendant has not been convicted of a violation of this article or any other law regulating
the operation of motor vehicles within the last eighteen months, the court shall offer the
defendant an opportunity, at the defendant's expense, to attend and satisfactorily complete
a course of instruction at any designated driver improvement school providing instruction
in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and
instruction in traffic accident prevention. Upon completion of the course, the court may
suspend all or a portion of the fine or sentence of imprisonment. Unless otherwise provided
by law, such school shall be approved by the court.
(2) Whenever a minor under eighteen years of age has been convicted of violating any
provision of this article or other law regulating the operation of vehicles on highways, other
than a traffic infraction, the court shall require the minor to attend and satisfactorily
complete a course of instruction at any designated driver improvement school providing
instruction in the traffic laws of this state, instruction in recognition of hazardous traffic
situations, and instruction in traffic accident prevention. The court shall impose the driver
improvement school requirement in addition to the penalty provided for the violation or as
a condition of either the probation or the suspension of all or any portion of any fine or
sentence of imprisonment for the violation. The minor, or the minor* s parent or parents who
appear in court with the minor in accordance with section 42-4-1716 (4), shall pay the cost
of attending the designated driver improvement school. The courts shall make available
information on scholarships and other financial assistance available to help minors or their
parents offset the costs of driver improvement school. Unless otherwise provided by law,
such school shall be approved by the court
(3) (a) Effective January 1, 2010, a person who is required to attend a course of
instruction pursuant to subsection (1) or (2) of this section shall pay, in addition to any other
penalties, a penalty surcharge as determined by rules promulgated by the department The
driver improvement school shall collect the penalty surcharge and remit it to the department
at least monthly in accordance with rules promulgated by the department The department
shall set the penalty surcharge in an amount to offset the direct and indirect cost of
implementing section 42-1-223. The penalty surcharge shall be transferred to the state
treasurer and credited to the defensive driving school fund created in section 42-1-223.
42-4-1718 Vehicles and Traffic Title 42 - page 516
(b) The court shall include on the referral form information concerning the amount and
purpose of the penalty surcharge. If the court determines that a person is unable to pay the
cost of the penalty surcharge, the court may waive the surcharge and the driver improve-
ment school shall not collect nor remit the penalty surcharge to the department.
(c) A person who is required to attend a course of instruction pursuant to subsection ( 1 )
or (2) of this section shall register with the entity that monitors the driver improvement
school pursuant to section 42-1-223. If the person satisfactorily completes the course, the
driver improvement school shall electronically notify the entity.
Source: L. 94: Entire title amended with relocations, p. 2426, § 1, effective January 1,
1995. L. 2006: Entire section amended, p. 425, § 1, effective July 1. L. 2009: (1)
amended and (3) added, (HB 09-1246), ch. 346, p. 1812, § 2, effective August 5.
Editor's note: This section is similar to former § 42-4-1513 as it existed prior to 1994. ,
42-4-1718. Electronic transmission of data - standards. (1) The department, the
judicial department, and the department of public safety shall jointly develop standards for
the electronic transmission of any penalty assessment notice or summons and complaint
issued pursuant to the provisions of this article or issued pursuant to any county ordinance
adopted under section 30-15-401 (1) (h), C.R.S. Such agencies shall consult with county
sheriffs, municipal police departments, municipal courts, and the office of transportation
safety in the department of transportation in developing such standards. Such standards
shall be consistent with requirements of the department for reporting convictions under the
provisions of this article and with the requirements of the department of public safety for
reporting criminal information under article 21 of title 16, C.R.S. The provisions of this
section shall not be interpreted to require any municipality, county, or other government
entity to transmit traffic data electronically.
(2) A municipal court, county court, district court, or any court with jurisdiction over
violations of traffic rules and laws shall not dismiss any charges or refuse to enforce any
traffic law or rule solely because a penalty assessment notice or summons and complaint
issued pursuant to the standards established in this section is in electronic form or contains
an electronic signature.
Source: L. 96: Entire section added, p. 328, § 3, effective May 1. L. 2003: Entire
section amended, p. 2440, § 1, effective June 5.
42-4-1719. Violations - commercial driver's license - compliance with federal
regulation. As to a holder of a commercial driver's license as defined in section 42-2-402
or the operator of a commercial motor vehicle as defined in section 42-2-402, a court shall
not defer imposition of judgment or allow a person to enter into a diversion program that
would prevent a driver's conviction for any violation, in any type of motor vehicle, of a
traffic control law from appearing on the driver's record.
Source: L. 2008: Entire section added, p. 475, § 7, effective July 1.
PART 18
VEHICLES ABANDONED ON
PUBLIC PROPERTY
Editor's note: This title was amended with relocations in 1994, and this part 18 was subsequently
amended with relocations in 2002, resulting in the addition, relocation, and elimination of sections as
well as subject matter. For amendments to this part 18 prior to 2002, consult the Colorado statutory
research explanatory note beginning on page vii in the front of this volume and the editor's note
following the title heading. Former C.R.S. section numbers are shown in editor's notes following
those sections that were relocated in 2002.
Title 42 -page 517 Regulation of Vehicles and Traffic 42-4-1802
Cross references: For provisions concerning vehicles abandoned on private property, see part 21
of this article.
42-4-1801. Legislative declaration. The general assembly hereby declares that the
purpose of this part 18 is to provide procedures for the removal, storage, and disposal of
motor vehicles that are abandoned on public property.
Source: L. 2002: Entire part amended with relocations, p. 468, § 1, effective July 1.
42-4-1802. Definitions. As used in this part 18, unless the context otherwise requires:
(1) "Abandoned motor vehicle*' means:
(a) Any motor vehicle left unattended on public property, including any portion of a
highway right-of-way, outside the limits of any incorporated town or city for a period of
forty-eight hours or longer;
(b) Any motor vehicle left unattended on public property, including any portion of a
highway right-of-way, within the limits of any incorporated town or city for a period longer
than any limit prescribed by any local ordinance concerning the abandonment of motor
vehicles or, if there is no such ordinance, for a period of forty-eight hours or longer;
(c) Any motor vehicle stored in an impound lot at the request of a law enforcement
agency and not removed from the impound lot within seventy-two hours after the time the
law enforcement agency notifies the owner or agent that the vehicle is available for release
upon payment of any applicable charges or fees;
(d) A motor vehicle fitted with an immobilization device that is on public property and
deemed to be abandoned pursuant to section 42-4-1105 (7) (c); or
(e) Any motor vehicle left unattended at a regional transportation district parking
facility, as defined in section 32-9-119.9 (6), C.R.S., that is deemed to be abandoned
pursuant to section 32-9-119.9 (4) (b), C.R.S.
(2) "Agency employee" means any employee of the department of transportation or
other municipal, county, or city and county agency responsible for highway safety and
maintenance.
(3) (Deleted by amendment, L. 2009, (HB 09- 1279), ch. 170, p. 763, § 1, effective
August 5, 2009.)
(4) "Appraisal** means a bona fide estimate of reasonable market value made by any
motor vehicle dealer licensed in this state or by any employee of the Colorado state patrol
or of any sheriffs or police department whose appointment for such purpose has been
reported by the head of the appointing agency to the executive director of the department
(5) "Disabled motor vehicle** means any motor vehicle that is stopped or parked, either
attended or unattended, upon a public right-of-way and that is, due to any mechanical
failure or any inoperability because of a collision, a fire, or any other such injury,
temporarily inoperable under its own power.
(6) "Impound lot** means a parcel of real property that is owned or leased by a
government or operator at which motor vehicles are stored under appropriate protection.
(7) "Operator** means a person or a firm licensed by the public utilities commission as
a towing carrier.
(8) "Public property** means any real property having its tide, ownership, use, or
possession held by the federal government; this state; or any county, municipality, as
defined in section 31-1-101 (6), C.R.S., or other governmental entity of this state.
(9) "Responsible law enforcement agency** means the law enforcement agency autho-
rizing the original tow of an abandoned motor vehicle, whether or not the vehicle is towed
to another law enforcement agency's jurisdiction.
Source: L. 2002: Entire part amended with relocations, p. 468, § 1, effective July 1.
L. 2006: (lXd) added, p. 172, § 2, effective July 1. L. 2007: (lXe) added, p. 1002, § 2,
effective July 1. L. 2009: (3) and (7) amended, (HB 09-1279), ch. 170, p. 763, § 1,
effective August 5.
42-4-1803
Vehicles and Traffic
Title 42 -page 518
ANNOTATION
Annotator's note. Since § 42-4-1802 is sim-
ilar to § 42-4-1802 as it existed prior to the
2002 amendment to part 18 of article 4 of title
42, which resulted in the relocation of provi-
sions, relevant cases decided under former pro-
visions similar to that section have been in-
cluded in the annotations to this section.
"Disabled" vehicle under former subsec-
tion (2). Where the lights on a vehicle fail at a
point on the highway where the shoulder of the
road is not wide enough to permit the parking of
the vehicle off of the pavement and under cir-
cumstances rendering it dangerous to move the
vehicle, the vehicle was disabled within the
meaning of former subsection (2). Anderson v.
Hudspeth Pine, Inc., 299 F.2d 874 (10th Or.
1962).
Vehicle not "disabled". Where motorists
stopped automobile partially on paved highway
for purpose of removing frost which had entirely
covered windshield, the automobile was not
"disabled" within meaning of former subsection
(2). Dillon v. Sterling Rendering Works, 106
Colo. 407, 106 P.2d 358 (1940).
42-4-1803. Abandonment of motor vehicles - public property. (1) (a) No person
shall abandon any motor vehicle upon public property. Any sheriff, undersheriff, deputy
sheriff, police officer, marshal, Colorado state patrol officer, or agent of the Colorado bureau
of investigation who finds a motor vehicle that such officer has reasonable grounds to
believe has been abandoned shall require such motor vehicle to be removed or cause the
same to be removed and placed in storage in any impound lot designated or maintained by
the law enforcement agency employing such officer.
(b) If an operator is used by the responsible law enforcement agency to tow or impound
the motor vehicle pursuant to paragraph (a) of this subsection (1), the operator shall be
provided with written authorization to possess the motor vehicle on a document that
includes, without limitation, the year, make, model, vehicle identification number, and
storage location.
(2) Whenever any sheriff, undersheriff, deputy sheriff, police officer, marshal, Colorado
state patrol officer, agent of the Colorado bureau of investigation, or agency employee finds
a motor vehicle, vehicle, cargo, or debris, attended or unattended, standing upon any portion
of a highway right-of-way in such a manner as to constitute an obstruction to traffic or
proper highway maintenance, such officer or agency employee is authorized to cause the
motor vehicle, vehicle, cargo, or debris to be moved to eliminate any such obstruction; and
neither the officer, the agency employee, nor anyone acting under the direction of such
officer or employee shall be liable for any damage to such motor vehicle, vehicle, cargo, or
debris occasioned by such removal. The removal process is intended to clear the obstruc-
tion, but such activity should create as little damage as possible to the vehicle, or cargo, or
both. No agency employee shall cause any motor vehicle to be moved unless such employee
has obtained approval from a local law enforcement agency of a municipality, county, or
city and county, the Colorado bureau of investigation, or the Colorado state patrol.
(3) The operator shall be responsible for removing the motor vehicle and the motor
vehicle debris from the site pursuant to this section, but shall not be required to remove or
clean up any hazardous or commercial cargo the motor vehicle carried. The commercial
carrier shall be responsible for removal or clean-up of the hazardous or commercial cargo.
Source: L. 2002: Entire part amended with relocations, p. 470, § 1, effective July 1.
L. 2009: (1) amended and (3) added, (HB 09-1279), ch. 170, p. 763, § 2, effective August
ANNOTATION
Annotator's note. Since § 42-4-1803 is sim-
ilar to § 42-4-1803 as it existed prior to the
2002 amendment to part 18 of article 4 of title
42, which resulted in the relocation of provi-
sions, relevant cases decided under former pro-
visions similar to that section have been in-
cluded in the annotations to this section.
These sections prevail over general aban-
donment provision in § 38-20-116. The re-
moval and storage of abandoned vehicles is
specifically provided for in former §§ 42-4-
1101 to 42-4-1109 and these special sections
will prevail over the more general abandonment
provision in § 38-20-116. Calabrese v. Hall, 42
Title 42 -page 519
Regulation of Vehicles and Traffic
42-4-1804
Colo. App. 347, 593 P.2d 1387 (1979).
Negligence in case involving violation of
this section. A driver who stops his truck en-
tirely on the highway pavement for emergency
repairs when there is ample room on the shoul-
der outside of the traveled lane for his vehicle —
no good reason appearing why he could not
have safely driven out on the shoulder — is
guilty of negligence in case another car collides
with his truck while it is standing in the parked
position. Calnon v. Sorel, 108 Colo. 467, 119
P.2d 615 (1941).
Evidence showing violation. Alden v. Wat-
son, 106 Colo. 103, 102 P.2d 479 (1940).
This section prohibits a party parking, stop-
ping or leaving standing any vehicle upon the
main traveled part of the highway, when it is
practical to stop, park or leave the vehicle off
such part of the highway. Anderson v. Munoz,
159 Colo. 229, 411 P.2d 4 (1966).
Policeman's act under section nondiscre-
tionary. A police officer ordering the impound-
ment of what appears to be an abandoned vehi-
cle under this section is performing a
nondiscretionary act. Cooper v. Hollis, 42 Colo.
App. 505, 600 P.2d 109 (1979).
Applied in Healy v. Hewitt, 101 Colo. 92, 71
P.2d 63 (1937); Ackley v. Watson Bros. Transp.
Co., 123 F. Supp. 649 (D. Colo. 1954);
Calabrese v. Hall, 42 Colo. App. 347, 593 P.2d
1387 (1979); Martinez v. Steinbaum, 623 P.2d
49 (Colo. 1981).
42-4-1804. Report of abandoned motor vehicles - owner's opportunity to request
hearing. (1) (a) Upon having an abandoned motor vehicle towed, the responsible law
enforcement agency shall ascertain, if possible, whether or not the motor vehicle has been
reported stolen, and, if so reported, such agency shall recover and secure the motor vehicle
and notify its rightful owner and terminate the abandonment proceedings under this part 18.
The responsible law enforcement agency and the towing carrier shall have the right to
recover from the owner their reasonable costs and fees for recovering and securing the
motor vehicle. Nothing in this section shall be construed to authorize fees for services that
were not provided or that were provided by another person or entity.
(b) As soon as possible, but in no event later than ten working days after having an
abandoned motor vehicle towed, the responsible law enforcement agency shall report the
same to the department by first-class or certified mail, by personal delivery, or by internet
communication. The report shall be on a form prescribed and supplied by the department
(c) The report shall contain the following information:
(1) The fact of possession, including the date possession was taken, the location of
storage of the abandoned motor vehicle and the location from which it was towed, the
identity of the responsible law enforcement agency, and the business address, telephone
number, and name and signature of a representative from the responsible law enforcement
agency;
(II) If applicable, the identity of the operator possessing the abandoned motor vehicle,
together with the operator's business address and telephone number and the carrier number
assigned by the public utilities commission; and
(HI) A description of the abandoned motor vehicle, including the make, model, color,
and year, the number, issuing state, and expiration date of the license plate, and the vehicle
identification number.
(2) Upon its receipt of such report, the department shall search its records to ascertain
the last-known owner of record for the abandoned motor vehicle and any lienholder as those
persons are represented in department records. In the event the vehicle is determined by the
department not to be registered in the state of Colorado, the report required by this section
shall state that no Colorado title record exists regarding the vehicle. Within ten working
days after such receipt, the department shall complete its search and shall transmit such
report, together with all relevant information, to the responsible law enforcement agency.
(3) The responsible law enforcement agency, upon its receipt of the report required
under subsection (2) of this section, shall determine, from all available information and after
reasonable inquiry, whether the abandoned motor vehicle has been reported stolen, and, if
so reported, such agency shall recover and secure the motor vehicle and notify its rightful
owner and terminate the abandonment proceedings under this part 18. The responsible law
enforcement agency and the operator shall have the right to recover from the owner their
reasonable costs to recover and secure the motor vehicle.
(4) (a) If the responsible law enforcement agency does not use an operator to store the
motor vehicle, the responsible law enforcement agency, within ten working days after the
42-4- 1 804 Vehicles and Traffic Title 42 - page 520
receipt of the report from the department required in subsection (2) of this section, shall
notify by certified mail the owner of record, if ascertained, and any lienholder, if ascer-
tained, of the fact of such report and the claim of any lien under section 42-4-1806. The
notice shall contain information that the identified motor vehicle has been reported
abandoned to the department, the location of the motor vehicle and the location from where
it was towed, and that, unless claimed within thirty calendar days after the date the notice
was sent as determined from the postmark on the notice, the motor vehicle is subject to sale.
(b) If the responsible law enforcement agency uses an operator to store the motor
vehicle, the responsible law enforcement agency, within ten working days after the receipt
of the report from the department required in subsection (2) of this section, shall notify by
first-class mail the owner of record, if ascertained, and any lienholder, if ascertained, of the
fact of the report and the claim of any lien under section 42-4-1 806. The notice shall contain
information that the identified motor vehicle has been reported abandoned to the depart-
ment, the location of the motor vehicle and the location from where it was towed, and that,
unless claimed within thirty calendar days after the date the notice was sent as determined
from the postmark on the notice, the motor vehicle is subject to sale.
(c) The responsible law enforcement agency shall include in the notices sent pursuant
to either paragraph (a) or (b) of this subsection (4) a statement informing the owner of
record of the opportunity to request a hearing concerning the legality of the towing of the
abandoned motor vehicle, and the responsible law enforcement agency to contact for that
purpose.
(d) If an owner or lienholder requests a hearing, the owner or lienholder shall make the
request in writing to the responsible law enforcement agency within ten days after the notice
was sent, as determined by the postmark. Such hearing, if requested, shall be conducted
pursuant to section 24-4-105, C.R.S., if the responsible law enforcement agency is the
Colorado state patrol. If a local political subdivision is the responsible law enforcement
agency, such hearing shall be conducted pursuant to local hearing procedures. If it is
determined at the hearing that the motor vehicle was illegally towed upon request from a
law enforcement agency, all towing charges and storage fees assessed against the vehicle
shall be paid by such law enforcement agency.
(5) The department shall maintain department-approved notice forms satisfying the
requirements of subsection (4) of this section and shall make them available for use by local
law enforcement agencies.
(6) (a) An operator or its agent shall, no less than two days, but no more than ten days
after a motor vehicle has been towed, determine if there is an owner and a lienholder
represented in department records and send a notice by certified mail, return receipt
requested, to the last address of the owner, as shown on the motor vehicle's registration, and
the lienholder, as shown on the title, if either is shown in department records. The cost of
complying with this paragraph (a) shall be considered a cost of towing; except that the total
of such costs shall not exceed one hundred fifty dollars. The notice to the owner and
lienholder shall be sent within three days after the operator receives the information from
the department. Such notice shall contain the following information:
(I) The fact of possession, including the date possession was taken, the location of
storage of the motor vehicle, and the location from which it was towed;
(II) The identity of the operator possessing the abandoned motor vehicle, together with
the operator's business address and telephone number and the carrier number assigned by
the public utilities commission; and
(IE) A description of the motor vehicle, including the make, model, color, and year and
the number, issuing state, and expiration date of the license plate, or any other indicia of the
motor vehicle's state of origin.
(b) The operator shall not be entitled to recover any daily storage fees from the day the
vehicle is towed until the day the owner and lienholder are notified, unless the operator
reasonably attempts to notify the owner and lienholder by the date specified in paragraph
(a) of this subsection (6). Sending a notice by certified mail, return receipt requested, to the
owner and the lienholder as represented in department records shall be deemed a reasonable
attempt to notify the owner and the lienholder. Failure to notify the owner and the lienholder
due to the receipt of erroneous information from the department or a failure of the law
Title 42 -page 521 Regulation of Vehicles and Traffic 42-4-1805
enforcement agency to comply with this section shall not cause the loss of such storage fees
accrued from the date the vehicle is towed until the owner and the lienholder receive such
notice.
Source: L. 2002: Entire part amended with relocations, p. 470, § 1, effective July 1.
L. 2009: (2), (3), IP(6)(a), and (6)(b) amended, (HB 09-1279), ch. 170, p. 764, § 3,
effective August 5. L. 2010: (4) amended, (HB 10-1340), ch. 202, p. 877, § 1, effective
May 5.
42-4-1805. Appraisal of abandoned motor vehicles - sale. (1) (a) Abandoned
motor vehicles or motor vehicles abandoned in an impound lot subsequent to a tow from
public property shall be appraised by a law enforcement officer or an independent motor
vehicle dealer and sold by the responsible law enforcement agency at a public or private
sale held not less than thirty days nor more than sixty days after the date the notice required
by section 42-4-1804 (4) was mailed.
(b) Subject to section 42-4- 1 804, the operator may continue to charge for daily storage
fees until the responsible law enforcement agency complies with this section.
(2) If the appraised value of an abandoned motor vehicle sold pursuant to this section
is three hundred fifty dollars or less, the sale shall be made only for the purpose of junking,
scrapping, or dismantling such motor vehicle, and the purchaser thereof shall not, under any
circumstances, be entitled to a Colorado certificate of title. The responsible law enforcement
agency making the sale shall cause to be executed and delivered a bill of sale, together with
a copy of the report described in section 42-4- 1 804 (2), to the person purchasing such motor
vehicle. The bill of sale shall state that the purchaser acquires no right to a certificate of title
for such vehicle. The responsible law enforcement agency making the sale shall promptly
submit a report of sale, with a copy of the bill of sale, to the department and shall deliver
a copy of such report of sale to the purchaser of the motor vehicle. Upon receipt of any
report of sale with supporting documents on any sale made pursuant to this subsection (2),
the department shall purge the records for such vehicle as provided in section 42-4-1810 (1)
(b) and shall not issue a new certificate of tide for such vehicle. Any certificate of title issued
in violation of this subsection (2) shall be void.
(3) If the appraised value of an abandoned motor vehicle sold pursuant to this section
is more than three hundred fifty dollars, the sale may be made for any intended use by the
purchaser. The responsible law enforcement agency making the sale shall cause to be
executed and delivered a bill of sale, together with a copy of the report described in section
42-4-1804 (2), and an application for a Colorado certificate of tide signed by a legally
authorized representative of the responsible law enforcement agency conducting the sale, to
the person purchasing such motor vehicle. The purchaser of the abandoned motor vehicle
shall be entitled to a Colorado certificate of title upon application and proof of compliance
with the applicable provisions of the "Certificate of Title Act", part 1 of article 6 of this
tide, within fourteen days after the sale; except that, if such vehicle is less than five years
old, including the current year model, and if the department does not provide the name of
an owner of record to the law enforcement agency, the purchaser shall apply for a bonded
title and the department shall issue such bonded title upon the applicant meeting the
qualifications for such title pursuant to rules promulgated by the department
(4) (a) Transferring the title of a motor vehicle to an operator to satisfy a debt created
pursuant to this part 18 shall not be deemed to be the sale of a motor vehicle.
(b) Nothing in this section shall be deemed to require an operator to be licensed
pursuant to article 6 of title 12, C.R.S., for purposes of conducting activities under this part
18.
Source: L. 2002: Entire part amended with relocations, p. 473, § 1, effective July 1.
L. 2003: (3) amended, p. 555, § 1, effective March 7. L. 2004: (1) amended, p. 612, § 3,
effective January 1, 2005. L. 2009: Entire section amended, (HB 09-1279), ch. 170, p. 765,
§ 4, effective August 5.
42-4- 1 806 Vehicles and Traffic Title 42 - page 522
Editor's note: This section is similar to former § 42-4-1806 as it existed prior to 2002, and the
former § 42-4-1805 was relocated to § 42-4-2103.
42-4-1806. Liens upon towed motor vehicles. (1) Whenever an operator who is
registered with the department in accordance with subsection (2) of this section recovers,
removes, or stores a motor vehicle upon instructions from any duly authorized law
enforcement agency or peace officer who has determined that such motor vehicle is an
abandoned motor vehicle, such operator shall have a possessory lien, subject to the
provisions of section 42-4-1804 (6), upon such motor vehicle and its attached accessories
or equipment for all fees for recovering, towing, and storage as authorized in section
42-4-1809 (2) (a). Such lien shall be a first and prior lien on the motor vehicle, and such lien
shall be satisfied before all other charges against such motor vehicle.
(2) (a) No operator shall have a possessory lien upon a motor vehicle described in
subsection (1) of this section unless said operator is registered with the department. Such
registration shall include the following information:
(I) The location of the operator's tow business;
(II) The hours of operation of the operator's tow business;
(HI) The location of the impound lot where vehicles may be claimed by the owner of
record; and
(IV) Any information relating to a violation of any provision contained in this part 18
or of any other state law or rule relating to the operation, theft, or transfer of motor vehicles.
(b) The executive director of the department may cancel the registration of any operator
if an administrative law judge finds, after affording the operator due notice and an
opportunity to be heard, that the operator has violated any of the provisions set forth in this
part 18.
Source: L. 2002: Entire part amended with relocations, p. 473, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1807 as it existed prior to 2002, and the
former § 42-4-1806 was relocated to § 42-4-1805.
42-4-1807. Perfection of lien. The lien provided for in section 42-4-1806 shall be
perfected by taking physical possession of the motor vehicle and its attached accessories or
equipment and by sending to the department within ten working days after the time
possession was taken a notice containing the information required in the report to be made
under the provisions of section 42-4-1804. In addition, such report shall contain a decla-
ration by the operator that a possessory lien is claimed for all past, present, and future
charges, up to the date of redemption, and that the lien is enforceable and may be foreclosed
pursuant to the provisions of this part 18.
Source: L. 2002: Entire part amended with relocations, p. 474, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1808 as it existed prior to 2002, and the
former § 42-4-1807 was relocated to § 42-4-1806.
42-4-1808. Foreclosure of lien. Any motor vehicle and its attached accessories and
equipment or personal property within or attached to such vehicle that are not redeemed by
the last-known owner of record or lienholder after such owner or lienholder has been sent
notice of such lien by the operator or responsible law enforcement agency shall be sold in
accordance with the provisions of section 42-4-1805.
Source: L. 2002: Entire part amended with relocations, p. 474, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1809 as it existed prior to 2002, and the
former § 42-4-1808 was relocated to § 42-4-1807.
Title 42 - page 523 Regulation of Vehicles and Traffic 42-4-1810
42-4-1809. Proceeds of sale. ( 1 ) If the sale of any motor vehicle, personal property,
and its attached accessories or equipment under the provisions of section 42-4-1805
produces an amount less than or equal to the sum of all charges of the operator who has
perfected his or her lien, then the operator shall have a valid claim against the owner for the
full amount of such charges, less the amount received upon the sale of such motor vehicle.
Failure to register such vehicle in accordance with this title shall constitute a waiver of such
owner's right to be notified pursuant to this part 18 for the purposes of foreclosure of the
lien pursuant to section 42-4-1 808. Such charges shall be assessed in the manner provided
for in paragraph (a) of subsection (2) of this section.
(2) If the sale of any motor vehicle and its attached accessories or equipment under the
provisions of section 42-4-1805 produces an amount greater than the sum of all charges of
the operator who has perfected his or her lien:
(a) The proceeds shall first satisfy the operator's reasonable fee arising from the sale of
the motor vehicle and the cost and fees of towing and storing the abandoned motor vehicle
with a maximum charge that is specified in rules promulgated by the public utilities
commission that govern nonconsensual tows by towing carriers. In the case of an aban-
doned motor vehicle weighing in excess of ten thousand pounds, the operator's charges
shall be determined by negotiated agreement between the operator and the responsible law
enforcement agency.
(b) Any balance remaining after payment pursuant to paragraph (a) of this subsection
(2) shall be paid to the responsible law enforcement agency to satisfy the cost of mailing
notices, having an appraisal made, advertising and selling the motor vehicle, and any other
costs of the responsible law enforcement agency including administrative costs, taxes, fines,
and penalties due.
(b.5) In the case of the sale of an abandoned motor vehicle described in section
42-4-1802 (1) (d), any balance remaining after payment pursuant to paragraph (b) of this
subsection (2) shall be paid to the law enforcement agency that is owed a fee for the
court-ordered placement of an immobilization device on the motor vehicle pursuant to
section 42-4-1105.
(c) Any balance remaining after payment pursuant to paragraphs (b) and (b.5) of this
subsection (2) shall be forwarded to the department, and the department may recover from
such balance any taxes, fees, and penalties due and payable to it with respect to such motor
vehicle.
(d) Any balance remaining after payment pursuant to paragraph (c) of this subsection
(2) shall be paid by the department: First, to any lienholder of record as the lienholder's
interest may appear upon the records of the department; second, to any owner of record as
the owner's interest may so appear; and then to any person submitting proof of such
person's interest in such motor vehicle upon the application of such lienholder, owner, or
person. If such payments are not requested and made within one hundred twenty days after
the sale of the abandoned motor vehicle, the balance shall be transmitted to the state
treasurer, who shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (e), C.R.S.
(3) The provisions of paragraphs (a) and (b) of subsection (2) of this section shall not
apply to a responsible law enforcement agency operating under a towing contract.
Source: L. 2002: Entire part amended with relocations, p. 474, § 1, effective July 1.
L. 2005: (2)(d) amended, p. 150, § 28, effective April 5. L. 2006: (2)(b.5) added and
(2)(c) amended, p. 172, § 3, effective July 1.
Editor's note: This section is similar to former § 42-4-1810 as it existed prior to 2002, and the
former § 42-4-1809 was relocated to § 42-4-1808.
42-4-1810. Transfer and purge of certificates of title. (1) Whenever any motor
vehicle is abandoned and removed and sold in accordance with the procedures set forth in
this part 18, the department shall transfer the certificate of title or issue a new certificate of
title or shall purge such certificate of title in either of the following cases:
42-4-1811
Vehicles and Traffic
Title 42 -page 524
(a) Upon a person's submission to the department of the necessary documents indicat-
ing the abandonment, removal, and subsequent sale or transfer of a motor vehicle, the
department shall transfer the certificate of title or issue a new certificate of title for such
abandoned motor vehicle.
(b) Upon a person's submission of documents indicating the abandonment, removal,
and subsequent wrecking or dismantling of a motor vehicle, including all sales of aban-
doned motor vehicles with an appraised value under three hundred fifty dollars that are
conducted pursuant to section 42-4-1805 (2), the department shall keep the records for one
year and men purge the records for such abandoned motor vehicle; except that the
department shall not be required to wait before purging the records if the purchaser is a
licensed motor vehicle dealer.
Source: L. 2002: Entire part amended with relocations, p. 475, § 1, effective July 1.
L. 2006: (l)(b) amended, p. 204, § 1, effective July 1. L. 2009: (l)(b) amended, (HB
09-1279), ch. 170, p. 766, § 5, effective August 5.
Editor's note: This section is similar to former § 42-4-1811 as it existed prior to 2002, and the
former § 42-4-1810 was relocated to § 42-4-1809.
42-4-1811. Penalty. Unless otherwise specified in this part 18, any person who
knowingly violates any of the provisions of this part 18 commits a class 2 misdemeanor and
shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 2002: Entire part amended with relocations, p. 476, § 1, effective July 1;
entire section amended, p. 1562, § 371, effective October 1.
Editor's note: This section is similar to former § 42-4-1812 as it existed prior to 2002, and the
former § 42-44811 was relocated to § 42-4-1810. The amendments to this section in House Bill
02-1046 were harmonized with this section as it appeared in Senate Bill 02-132.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-4-1812. Exemptions. (1) Nothing in this part 18 shall be construed to include or
apply to the driver of any disabled motor vehicle who temporarily leaves such vehicle on
the paved or improved and main-traveled portion of a highway, subject, when applicable,
to the emergency lighting requirements set forth in section 42-4-230.
(2) Nothing in this part 18 shall be construed to include or apply to authorized
emergency motor vehicles while such vehicles are actually and directly engaged in, coming
from, or going to an emergency.
Source: L. 2002: Entire part amended with relocations, p. 476, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1813 as it existed prior to 2002, and the
former § 42-4-1812 was relocated to § 42-4-1811.
ANNOTATION
Annotator's note. Since § 42-4-1812 is sim-
ilar to § 42-4-1813 as it existed prior to the
2002 amendment to part 18 of article 4 of title
42, which resulted in the relocation of provi-
sions, relevant cases decided under former pro-
visions similar to that section have been in-
cluded in the annotations to this section.
Section limited to situations where a motor
vehicle is parked on a highway. It cannot
always be extended to cover situations where a
stop is necessitated because traffic in one's own
lane has stopped, obstructing the flow of traffic.
Thus, violation of this statute may not constitute
negligence per se. Parker v. Couch, 145 Colo.
209, 358 P.2d 609 (1960).
Circumstances under which section does
not apply. Where the condition of the traffic was
such that the truck driver had the right to slow
down, and even to stop, prior to making the
left-hand turn, provided he gave the statutory
Title 42 -page 525 Regulation of Vehicles and Traffic 42-4-1901
signals, this section, relating to parking outside v. Union Transf. Co., 229 F.2d 403 (10th Cir.
of a business or residence does not apply. Hinkle 1 955).
42-4-1813. Local regulations. (1) The state or any county, municipality as defined in
section 31-1-101 (6), C.R.S., or other governmental entity of the state may execute a
contract or contracts for the removal, storage, or disposal of abandoned motor vehicles
within the area of its authority to effectuate the provisions of this part 18.
(2) The provisions of this part 18 may be superseded by ordinance or resolution of a
municipality, as defined in section 31-1-101, C.R.S., or any county that sets forth proce-
dures for the removal, storage, and disposal of abandoned or illegally parked motor vehicles
on public property; except that such ordinance or resolution shall not deprive an operator
of a lien attached and perfected under this part 18.
Source: L. 2002: Entire part amended with relocations, p. 476, § 1, effective July 1.
L. 2009: (2) amended, (HB 09-1279), ch. 170, p. 766, § 6, effective August 5.
Editor's note: This section is similar to former § 42-4-1814 as it existed prior to 2002, and the
former § 42-4-1813 was relocated to § 42-4-1812.
42-4-1814. Violation of motor vehicle registration or inspection laws - separate
statutory provision. Owners of motor vehicles impounded by the Colorado state patrol for
violation of motor vehicle registration or inspection laws shall receive notice and the
opportunity for a hearing pursuant to the provisions of section 42-13-106. If such a motor
vehicle is found to be abandoned in accordance with the provisions of said section
42-13-106, the notice and hearing provisions to owners of motor vehicles under other
sections of this part 18 shall be deemed to have been met for purposes of proper disposition
of the motor vehicle under the terms of this part 18. Nevertheless, the notice and hearing
provisions of the other sections of this part 18 as to lienholders are applicable and shall not
be deemed to have been met by the provisions of section 42-13-106 or this section.
Source: L. 2002: Entire part amended with relocations, p. 476, § 1, effective July 1.
Editor's note: This section is similar to former § 42-4-1815 as it existed prior to 2002, and the
former § 42-4-1814 was relocated to § 42-4-1813.
PART 19
SCHOOL BUS REQUIREMENTS
42-4-1901. School buses - equipped with supplementary brake retarders.
(1) (a) On and after July 1, 1991, except as provided in paragraph (a) of subsection (2)
of this section, passengers of any school bus being used on mountainous terrain by any
school district of the state shall not occupy the front row of seats and any seats located next
to the emergency doors of such school bus during the period of such use.
(b) For purposes of this section, mountainous terrain shall include, but shall not be
limited to, any road or street which the department of transportation has designated as being
located on mountainous terrain.
(2) (a) The provisions of paragraph (a) of subsection (1) of this section shall not apply
to:
(I) Passengers of any school bus which is equipped with retarders of appropriate
capacity for purposes of supplementing any service brake systems of such school bus; or
(II) Any passenger who is adequately restrained in a fixed position pursuant to federal
and state standards.
(b) The general assembly encourages school districts to consider installing only elec-
tromagnetic retarders or state-of-the-art retarders for purposes of supplementing service
brake systems of school buses when such retarders are acquired on or after April 17, 1991.
The general assembly also encourages school districts to consider purchasing only those
42-4-1902 Vehicles and Traffic Title 42 - page 526
new school buses which are equipped with external public address systems and retarders of
appropriate capacity for purposes of supplementing any service brake systems of such
school buses.
(3) For purposes of this section and section 42-4-1902:
(a) "Mountainous terrain** means that condition where longitudinal and transverse
changes in the elevation of the ground with respect to a road or street are abrupt and where
benching and sidehill excavation are frequently required to obtain acceptable horizontal and
vertical alignment.
(b) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2435, § 1, effective January 1,
1995. L. 95: (l)(b) amended, p. 960, § 19, effective May 25. L. 2010: (3)(b) repealed,
(HB 10-1232), ch. 163, p. 573, § 14, effective April 28.
Editor's note: This section is similar to former § 42-4-238 as it existed prior to 1994.
42-4-1902. School vehicle drivers - special training required. On and after July 1,
1992, the driver of any school vehicle as defined in section 42-1-102 (88.5) owned or
operated by or for any school district in this state shall have successfully completed training,
approved by the department of education, concerning driving on mountainous terrain, as
defined in section 42-4-1901 (3) (a), and driving in adverse weather conditions.
Source: L. 94: Entire title amended with relocations, p. 2436, § 1, effective January 1,
1995. L. 2010: Entire section amended, (HB 10-1232), ch. 163, p. 573, § 15, effective
April 28.
Editor's note: This section is similar to former § 42-4-239 as it existed prior to 1994.
42-4-1903. School buses - stops - signs - passing. (1) (a) The driver of a motor
vehicle upon any highway, road, or street, upon meeting or overtaking from either direction
any school bus that has stopped, shall stop the vehicle at least twenty feet before reaching
the school bus if visual signal lights as specified in subsection (2) of this section have been
actuated on the school bus. The driver shall not proceed until the visual signal lights are no
longer being actuated. The driver of a motor vehicle shall stop when a school bus that is not
required to be equipped with visual signal lights by subsection (2) of this section stops to
receive or discharge schoolchildren.
(b) (p A driver of any school bus who observes a violation of paragraph (a) of this
subsection (1) shall notify the driver's school district transportation dispatcher. The school
bus driver shall provide the school district transportation dispatcher with the color, basic
description, and license plate number of the vehicle involved in the violation, information
pertaining to the identity of the alleged violator, and the time and the approximate location
at which the violation occurred. Any school district transportation dispatcher who has
received information by a school bus driver concerning a violation of paragraph (a) of this
subsection (1) shall provide such information to the appropriate law enforcement agency or
agencies.
(II) A law enforcement agency may issue a citation on the basis of the information
supplied to it pursuant to subparagraph (I) of this paragraph (b) to the driver of the vehicle
involved in the violation.
(2) (a) Every school bus as defined in section 42-1-102 (88), other than a small
passenger-type vehicle having a seating capacity of not more than fifteen, used for the
transportation of schoolchildren shall:
(I) Bear upon the front and rear of such school bus plainly visible and legible signs
containing the words "SCHOOL BUS*' in letters not less than eight inches in height; and
(II) Display eight visual signal lights meeting the requirements of 49 CFR 571.108 or
its successor regulation.
Title 42 - page 527 Regulation of Vehicles and Traffic 42-4- 1903
(b) (I) The red visual signal lights shall be actuated by the driver of the school bus
whenever the school bus is stopped for the purpose of receiving or discharging schoolchil-
dren, is stopped because it is behind another school bus that is receiving or discharging
passengers, or, except as provided in subsection (4) of this section, is stopped because it has
met a school bus traveling in a different direction that is receiving or discharging passengers
and at no other time; but such lights need not be actuated when a school bus is stopped at
locations where the local traffic regulatory authority has by prior written designation
declared such actuation unnecessary.
(II) A school bus shall be exempt from the provisions of subparagraph (I) of this
paragraph (b) when stopped for the purpose of discharging or loading passengers who
require the assistance of a lift device only when no passenger is required to cross the
roadway. Such buses shall stop as far to the right off the roadway as possible to reduce
obstruction to traffic.
(c) The alternating flashing yellow lights shall be actuated at least two hundred feet
prior to the point where the bus is to be stopped for the purpose of receiving or discharging
schoolchildren, and the red lights shall be actuated only at the time the bus is actually
stopped.
(3) Every school bus used for the transportation of schoolchildren, except those small
passenger-type vehicles described in subsection (1) of this section, shall be equipped with
school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor
regulation.
(4) The driver of a vehicle upon a highway with separate roadways need not stop upon
meeting or passing a school bus which is on a different roadway. For the purposes of this
section, "highway with separate roadways'* means a highway that is divided into two or
more roadways by a depressed, raised, or painted median or other intervening space serving
as a clearly indicated dividing section or island.
(5) Every school bus shall stop as far to the right of the roadway as possible before
discharging or loading passengers; except that the school bus may block the lane of traffic
when a passenger being received or discharged is required to cross the roadway. When
possible, a school bus shall not stop where the visibility is obscured for a distance of two
hundred feet either way from the bus. The driver of a school bus that has stopped shall allow
time for any vehicles that have stopped behind the school bus to pass the school bus, if such
passing is legally permissible where the school bus is stopped, after the visual signal lights,
if any, are no longer being displayed or actuated and after all children who have embarked
or disembarked from the bus are safe from traffic.
(6) (a) Except as provided in paragraph (b) of this subsection (6), any person who
violates any provision of paragraph (a) of subsection (1) of this section commits a class 2
misdemeanor traffic offense.
(b) Any person who violates the provisions of paragraph (a) of subsection (1) of this
section commits a class 1 misdemeanor traffic offense if such person has been convicted
within the previous five years of a violation of paragraph (a) of subsection (1) of this
section.
(7) The provisions of this section shall not apply in the case of public transportation
programs for pupil transportation under section 22-51-104 (1) (c), C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2436, § 1, effective January 1,
1995. L. 95: (l)(a), (2)(b)(II), and (5) amended, p. 960, § 20, effective May 25. L. 97:
(2)(a), (2)(b)(I), (2)(c), (3), and (5) amended, p. 1387, § 8, effective July 1. L. 98: (2)(bXD
and (5) amended, p. 100, § 1, effective March 23. L. 2008: (2)(a)(H) and (3) amended, p.
373, § 1, effective August 5. L. 2009: (l)(a) amended, (HB 09-1236), ch. 86, p. 312, § 1,
effective August 5.
Editor's note: This section is similar to former § 42-4-612 as it existed prior to 1994.
Cross references: For penalties for class 1 and class 2 misdemeanor traffic offenses, see § 42-4-
1701 (3Ka)(H).
42-4-1904
Vehicles and Traffic
ANNOTATION
Title 42 -page 528
Annotator's note. Since § 42-4-1903 is sim-
ilar to § 42-4-612 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included with the annotations to this section.
Section not applicable to parties in collision
of two automobiles. Where two automobiles
were involved in a collision at an intersection,
none of the parties to an action arising out of the
collision are within the purview of this section;
for the intent of the enactment was neither ex-
clusively, nor in part, to protect any interest of
either of them. Any violation of it did not con-
stitute a breach of any statutory duty owed,
either to the violator or to the other party. Its
provisions, therefore, are not determinative of
any action between them. Hamilton v.
Gravinsky, 174 Colo. 206, 483 P.2d 385 (1971).
Presence of school bus not determinative of
negligence as matter of law. The presence of
the school bus at the intersection was a factor
the jury could properly consider when making
its determinations on the questions of the negli-
gence of the respective parties to this case, under
ordinary negligence principles; but its presence,
and the existence of the statute regulating it, was
not determinative, as a matter of law, of the
issue of negligence. Hamilton v. Gravinsky, 28
Colo. App. 408, 474 P.2d 185 (1970), afPd in
part, rev'd in part on other grounds, 174 Colo.
206, 483 P.2d 385 (1971).
Violation only makes one liable to person
in class protected by section. A statute or or-
dinance may, because of its title, preamble, his-
tory or otherwise, be construed as intended to
protect only the interests of a particular class of
individuals. If so, a violation of the enactment
can make the actor liable only to a person of that
class. Hamilton v. Gravinsky, 28 Colo. App.
408, 474 P.2d 185 (1970), afTd in part, rev'd in
part on other grounds, 174 Colo. 206, 483 P.2d
385 (1971).
42-4-1904. Regulations for school buses - regulations on discharge of passengers -
penalty - exception. (1) The state board of education, by and with the advice of the
executive director of the department, shall adopt and enforce regulations not inconsistent
with this article to govern the operation of all school buses used for the transportation of
schoolchildren and to govern the discharge of passengers from such school buses. Such
regulations shall prohibit the driver of any school bus used for the transportation of
schoolchildren from discharging any passenger from the school bus which will result in the
passenger* s immediately crossing a major thoroughfare, except for two-lane highways
when such crossing can be done in a safe manner, as determined by the local school board
in consultation with the local traffic regulatory authority, and shall prohibit the discharging
or loading of passengers from the school bus onto the side of any major thoroughfare
whenever access to the destination of the passenger is possible by the use of a road or street
which is adjacent to the major thoroughfare. For the purposes of this section, a "major
thoroughfare** means a freeway, any U.S. highway outside any incorporated limit, interstate
highway, or highway with four or more lanes, or a highway or road with a median
separating multiple lanes of traffic. Every person operating a school bus or responsible for
or in control of the operation of school buses shall be subject to said regulations.
(2) Any person operating a school bus under contract with a school district who fails
to comply with any of said regulations is guilty of breach of contract, and such contract shall
be cancelled after notice and hearing by the responsible officers of such district.
(3) Any person who violates any provision of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor
more than one hundred dollars, or by imprisonment in the county jail for not more than one
year, or by both such fine and imprisonment.
(4) The provisions of this section shall not apply in the case of public transportation
programs for pupil transportation under section 22-51-104 (1) (c), C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2438, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-613 as it existed prior to 1994.
Title 42 - page 529 Regulation of Vehicles and Traffic 42-4-2102
PART 20
HOURS OF SERVICE
42-4-2001. Maximum hours of service - ready-mix concrete truck operators.
(1) Any person who operates a commercial motor vehicle solely in intrastate commerce
for the purpose of transporting wet, ready-mix concrete need not comply with 49 CFR sec.
395.3 (b). No such person shall drive for any period after:
(a) Having been on duty seventy hours in any seven consecutive days if the employing
motor carrier does not operate every day in the week; or
(b) Having been on duty eighty hours in any period of eight consecutive days if the
employing motor carrier operates motor vehicles every day of the week.
(2) Within a seven day work week all hours of service after sixty hours are voluntary
starting the next scheduled work day.
(3) Twenty-four consecutive hours off duty shall constitute the end of any seven or
eight consecutive-day period.
(4) Any commercial motor vehicle that transports hazardous materials shall be exempt
from this section and shall be subject to the federal hours-of-service limitations in 49 CFR
sees. 395 and 350.
Source: L. 97: Entire part added, p. 311, § 1, effective April 8; entire section amended,
p. 1034, § 72, effective August 6.
PART 21
VEHICLES ABANDONED ON PRIVATE PROPERTY
Editor's note: This part 21 was added with relocations in 2002. Former C.R.S. section numbers are
shown in editor's notes following those sections that were relocated
Cross references: For provisions concerning vehicles abandoned on public property, see part 18 of
this article.
42-4-2101. Legislative declaration. The general assembly hereby declares that the
purpose of this part 21 is to provide procedures for the removal, storage, and disposal of
motor vehicles mat are abandoned on private property.
Source: L. 2002: Entire part added with relocated provisions, p. 477, § 2, effective July
1.
42-4-2102. Definitions. As used in this part 21, unless the context otherwise requires:
(1) "Abandoned motor vehicle**, except as otherwise defined in section 38-20-116
(2.5) (b) (I). C.R.S., for purposes of section 38-20-116 (2.5), C.R.S., means:
(a) Any motor vehicle left unattended on private property for a period of twenty-four
hours or longer or for such other period as may be established by local ordinance without
the consent of the owner or lessee of such property or the owner's or lessee's legally
authorized agent;
(b) Any motor vehicle stored in an impound lot at the request of its owner or the
owner's agent and not removed from the impound lot according to the agreement with the
owner or agent;
(c) Any motor vehicle that is left on private property without the property owner's
consent, towed at the request of the property owner, and not removed from the impound lot
by the vehicle owner within forty-eight hours; or
(d) A motor vehicle fitted with an immobilization device that is on private property and
deemed to be abandoned pursuant to section 42-4-1105 (7) (c).
(2) "Appraisal" means a bona fide estimate of reasonable market value made by any
motor vehicle dealer licensed in this state or by any employee of the Colorado state patrol
42-4-2103 Vehicles and Traffic Title 42 - page 530
or of any sheriffs or police department whose appointment for such purpose has been
reported by the head of the appointing agency to the executive director of the department.
(3) (Deleted by amendment, L. 2009, (HB 09-1279), ch. 170, p. 766, § 7, effective
August 5, 2009.)
(4) "Impound lot" means a parcel of real property that is owned or leased by an
operator at which motor vehicles are stored under appropriate protection.
(5) "Operator" means a person or a firm licensed by the public utilities commission as
a towing carrier.
(6) "Private property" means any real property that is not public property.
(7) "Public property" means any real property having its title, ownership, use, or
possession held by the federal government; this state; or any county, municipality, as
defined in section 31-1-101 (6), C.R.S., or other governmental entity of this state.
(8) "Responsible law enforcement agency" means the law enforcement agency having
jurisdiction over the private property where the motor vehicle becomes abandoned.
Source: L. 2002: Entire part added with relocated provisions, p. 477, § 2, effective July
1. L. 2004: IP(1) amended, p. 608, § 1, effective January 1, 2005. L. 2006: (l)(d) added,
p. 172, § 4, effective July 1. L. 2008: IP(1) amended, p. 545, § 3, effective January 1,
2009. L. 2009: (3) and (5) amended, (HB 09-1279), ch. 170, p. 766, § 7, effective August
5.
42-4-2103. Abandonment of motor vehicles - private property. (1) (a) Motor
vehicles abandoned at repair shops shall be removed as set forth in section 38-20-1 16 (2.5),
C.R.S.
(b) No person shall abandon any motor vehicle upon private property other than his or
her own. Any owner or lessee, or the owner* s or lessee* s agent authorized in writing, may
have an abandoned motor vehicle removed from his or her property by having it towed and
impounded by an operator. Motor vehicles abandoned upon the property of a motor vehicle
recycler may be recycled in accordance with part 22 of this article if the vehicle* s appraisal
value is less than three hundred fifty dollars.
(2) Any operator having in his or her possession any motor vehicle that was abandoned
on private property shall notify, within thirty minutes, the department, the sheriff, or the
sheriffs designee, of the county in which the motor vehicle is located or the chief of police,
or the chiefs designee, of the municipality in which the motor vehicle is located as to the
name of the operator and the location of the impound lot where the vehicle is located and
a description of the abandoned motor vehicle, including the make, model, color, and year,
the number, issuing state, and expiration date of the license plate, and the vehicle
identification number. Upon such notification, the law enforcement agency that receives
such notice shall assign the vehicle a tow report number immediately, shall enter the vehicle
and the fact that it has been towed in the Colorado crime information center computer
system, and shall ascertain, if possible, whether or not the vehicle has been reported stolen
and, if so reported, such agency shall recover and secure the motor vehicle and notify its
rightful owner and terminate the abandonment proceedings under this part 21. Upon the
release of the vehicle to the owner or lienholder, the operator shall notify the responsible
law enforcement agent who shall adjust or delete the entry in the Colorado crime
information center computer system. The responsible law enforcement agency and operator
shall have the right to recover from the owner their reasonable fees for recovering and
securing the vehicle. Nothing in this section shall be construed to authorize fees for services
that were not provided or that were provided by another person or entity.
(3) (a) An operator shall, no less than two days, but no more than ten days after a
motor vehicle has been towed or abandoned, report such motor vehicle tow to the
department by first-class or certified mail, by personal delivery, or by internet communi-
cation, which report shall be on a form prescribed and supplied by the department.
(b) The report shall contain the following information:
(I) The fact of possession, including the date possession was taken, the location of
storage of the abandoned motor vehicle and the location from which it was towed, the tow
Title 42 -page 531 Regulation of Vehicles and Traffic 42-4-2104
report number, and the identity of the law enforcement agency determining that the vehicle
was not reported stolen;
(II) The identity of the operator possessing the abandoned motor vehicle, together with
the operator's business address and telephone number and the carrier number assigned by
the public utilities commission; and
(HI) A description of the abandoned motor vehicle, including the make, model, color,
and year, the number, issuing state, and expiration date of the license plate, or any other
indicia of the motor vehicle's state of origin, and the vehicle identification number.
(c) (I) An operator or its agent shall, no less than two days, but no more than ten days
after a motor vehicle has been towed or abandoned, determine if there is an owner and a
lienholder represented in department records and send a notice by certified mail, return
receipt requested, to the address of the owner, as shown on the motor vehicle's registration,
and the lienholder if either is shown in department records. Such notice shall include the
information required by the report set forth in paragraph (b) of this subsection (3). The cost
of complying with the provisions of this paragraph (c) shall be considered a cost of towing;
except that the total of such costs shall not exceed one hundred fifty dollars. The notice to
the owner and lienholder shall be sent within three days after receiving the information from
the department.
(II) The operator shall not be entitled to recover any daily storage fees from the day the
vehicle is towed until the day the owner and lienholder are notified, unless the operator
reasonably attempts to notify die owner and lienholder by the date specified in subparagraph
(I) of this paragraph (c). Sending a notice by certified mail, return receipt requested, to the
owner and the lienholder as represented in department records shall be deemed a reasonable
attempt to notify the owner and the lienholder. Failure to notify the owner and the lienholder
due to the receipt of erroneous information from the department shall not cause the loss of
such storage fees accrued from the date the vehicle is towed until the owner and the
lienholder receive such notice.
(HI) The department shall implement an electronic system whereby an operator regis-
tered under section 42-4-1806 (2) or the agent of such operator shall have access to correct
information relating to any owner and lienholder of a vehicle towed by the operator as
represented in the department records. The department shall ensure that the information
available to an operator or its agent is correct and is limited solely to that information
necessary to contact the owner and lienholder of such vehicle.
(4) Within ten days after the receipt of the report set forth in paragraph (b) of subsection
(3) of this section from the department, the operator shall notify by certified mail the owner
of record including an out-of-state owner of record. The operator shall make a reasonable
effort to ascertain die address of the owner of record. Such notice shall contain the following
information:
(a) That the identified motor vehicle has been reported abandoned to the department;
(b) The claim of any lien under section 42-4-2105;
(c) The location of the motor vehicle and the location from which it was towed; and
(d) That, unless claimed within thirty calendar days after the date the notice was sent,
as determined from the postmark on the notice, the motor vehicle is subject to sale.
(5) The department shall maintain department-approved notice forms satisfying the
requirements of subsection (4) of this section and shall make them available for use by
operators and local law enforcement agencies.
Source: L. 2002: Entire part added with relocated provisions, p. 478, § 2, effective July
1. L. 2008: (1) amended, p. 545, § 4, effective January 1, 2009. L. 2009: (1Kb), (3Xa),
(3)(c)(I), and IP(4) amended, (HB 09-1279), ch. 170, p. 767, § 8, effective August 5.
Editor's note: This section is similar to former § 42-4-1805 as it existed prior to 2002.
42-4-2104. Appraisal of abandoned motor vehicles - sale. (1) (a) Motor vehicles
that are abandoned on private property shall be appraised and sold by the operator in a
commercially reasonable manner at a public or private sale held not less than thirty days nor
more than sixty days after the postmarked date the notice was mailed pursuant to section
42-4-2104.5 Vehicles and Traffic Title 42 - page 532
42-4-2103 (4) or the date the operator receives notice that no record exists for such vehicle.
Such sale shall be made to a licensed motor vehicle dealer or wholesaler, or wholesale
motor vehicle auction dealer, or through a classified newspaper advertisement published in
Colorado. For purposes of this section, a sale shall not be considered commercially
reasonable if the vehicle's appraisal value is more than three hundred fifty dollars and the
vehicle is sold to an officer or partner of the operator that has possession of the vehicle or
to any other person with a proprietary interest in such operator.
(b) Nothing in this section shall require that an operator must be a licensed dealer
pursuant to article 6 of title 12, C.R.S., for purposes of selling a motor vehicle pursuant to
this part 21.
(c) Subject to section 42-4-2103 and if an operator conducts a commercially reason-
able sale but fails to sell the motor vehicle, the operator may continue to collect daily
storage fees for such vehicle actually accrued for up to one hundred twenty days.
(2) If the appraised value of an abandoned motor vehicle sold pursuant to this section
is three hundred fifty dollars or less, the sale shall be made only for the purpose of junking,
scrapping, or dismantling such motor vehicle, and the purchaser thereof shall not, under any
circumstances, be entitled to a Colorado certificate of title. The operator making the sale
shall cause to be executed and delivered a bill of sale, together with a copy of the report
described in section 42-4-2103 (3), to the person purchasing such motor vehicle. The bill
of sale shall state that the purchaser acquires no right to a certificate of title for such vehicle.
The operator making the sale shall promptly submit a report of sale, with a copy of the bill
of sale, to the department and shall deliver a copy of such report of sale to the purchaser
of the motor vehicle. Upon receipt of any report of sale with supporting documents on any
sale made pursuant to mis subsection (2), the department shall purge the records for such
vehicle as provided in section 42-4-2109 (1) (b) and shall not issue a new certificate of title
for such vehicle. Any certificate of title issued in violation of this subsection (2) shall be
void.
(3) If the appraised value of an abandoned motor vehicle sold pursuant to this section
is more than three hundred fifty dollars, the sale may be made for any intended use by the
purchaser. The operator making the sale shall cause to be executed and delivered a bill of
sale, together with a copy of the report described in section 42-4-2103 (3), and an
application for a Colorado certificate of title signed by a legally authorized representative
of the operator conducting the sale, to the person purchasing such motor vehicle. The
purchaser of the abandoned motor vehicle shall be entitled to a Colorado certificate of title
upon application and proof of compliance with the applicable provisions of the "Certificate
of Title Act", part 1 of article 6 of mis title; except that, if such vehicle is less than five years
old, including the current year models, and if the department does not provide the name of
an owner of record to the operator, the buyer shall apply for a bonded title and the
department shall issue such bonded title upon the applicant meeting the qualifications for
such title pursuant to rules promulgated by the department.
(4) Transferring the title of a motor vehicle to an operator to satisfy a debt covered by
a lien created pursuant to this part 21 shall not be deemed to be the sale of a motor vehicle.
Source: L. 2002: Entire part added with relocated provisions, p. 480, § 2, effective July
1. L. 2004: (l)(a) amended, p. 612, § 4, effective January 1, 2005. L. 2009: (l)(a), (2),
and (3) amended and (l)(c) and (4) added, (HB 09-1279), ch. 170, pp. 767, 769, §§ 9, 11,
effective August 5.
Editor's note: This section is similar to former § 42-4-1806 (2) as it existed prior to 2002.
42-4-2104.5. Abandonment of motor vehicles of limited value at repair shops -
legislative declaration - definitions. (Repealed)
Source: L. 2004: Entire section added, p. 608, § 2, effective January 1, 2005. L. 2008:
Entire section repealed, p. 542, § 2, effective January 1, 2009.
Title 42 -page 533 Regulation of Vehicles and Traffic 42-4-2107
42-4-2105. Liens upon towed motor vehicles. (1) Whenever an operator who is
registered with the department in accordance with subsection (2) of this section recovers,
removes, or stores a motor vehicle upon instructions from the owner of record, any other
legally authorized person in control of such motor vehicle, or from the owner or lessee of
real property upon which a motor vehicle is illegally parked or such owner's or lessee's
agent authorized in writing, such operator shall have a possessory lien, subject to the
provisions of section 42-4-2103 (3), upon such motor vehicle and its attached accessories,
equipment, and personal property for all the costs and fees for recovering, towing, and
storage as authorized in section 42-4-2108. Such lien shall be a first and prior lien on the
motor vehicle, and such lien shall be satisfied before all other charges against such motor
vehicle. This subsection (1) shall not apply to personal property if subsection (3) of this
section applies to such personal property.
(2) (a) No operator shall have a possessory lien upon a motor vehicle described in
subsection (1) of this section unless said operator is registered with the department Such
registration shall include the following information:
(1) The location of the operator's tow business;
(II) The hours of operation of the operator's tow business;
(HI) The location of the impound lot where vehicles may be claimed by the owner of
record; and
(IV) Any information relating to a violation of any provision contained in this part 21
or of any other state law or rule relating to the operation, theft, or transfer of motor vehicles.
(b) The executive director of the department may cancel the registration of any operator
if an administrative law judge finds, after affording the operator due notice and an
opportunity to be heard, that the operator has violated any of the provisions set forth in this
part 21.
(3) If the operator obtains personal property from an abandoned vehicle that has been
towed pursuant to this part 21 and if the serial or identification number of such property has
been visibly altered or removed, the operator shall not have a lien upon such property and
shall destroy or discard such property within five days after disposing of such vehicle
pursuant to sections 42-4-2104 and 42-4-2107.
Source: L. 2002: Entire part added with relocated provisions, p. 481, § 2, effective July
1.
42-4-2106. Perfection of lien. The hen provided for in section 42-4-2105 shall be
perfected by taking physical possession of the motor vehicle and its attached accessories,
equipment, or personal property and by sending to the department, within ten working days
after the time possession was taken, a notice containing the information required in the
report to be made under the provisions of section 42-4-2103. In addition, such report shall
contain a declaration by the operator that a possessory lien is claimed for all past, present,
and future charges, up to the date of redemption, and that the lien is enforceable and may
be foreclosed pursuant to the provisions of this part 21.
Source: L. 2002: Entire part added with relocated provisions, p. 482, § 2, effective July
1.
42-4-2107. Foreclosure of lien. (1) Any motor vehicle and its attached accessories
and equipment or personal property within or attached to such vehicle that are not redeemed
by the last-known owner of record or lienholder after such owner or lienholder has been
sent notice of such hen by the operator shall be sold in accordance with the provisions of
section 42-4-2104.
(2) Within five days after foreclosure of the lien pursuant to this section, the operator
shall send a notice to the law enforcement agency having jurisdiction over the operator.
42-4-2108 Vehicles and Traffic Title 42 - page 534
Such notice shall contain a list of personal property found within the abandoned vehicle that
has an intact serial or identification number and such serial or identification number. Such
notification shall be made by certified mail, facsimile machine, or personal delivery.
Source: L. 2002: Entire part added with relocated provisions, p. 483, § 2, effective July
1.
42-4-2108. Proceeds of sale. (1) If the sale of any motor vehicle, personal property,
and attached accessories or equipment under the provisions of section 42-4-2104 produces
an amount less than or equal to the sum of all charges of the operator who has perfected his
or her lien, then the operator shall have a valid claim against the owner for the full amount
of such charges, less the amount received upon the sale of such motor vehicle. Failure to
register such vehicle in accordance with this tide shall constitute a waiver of such owner's
right to be notified pursuant to this part 21 for the purposes of foreclosure of the lien
pursuant to section 42-4-2107. Such charges shall be assessed in the manner provided for
in paragraph (a) of subsection (2) of this section.
(2) If the sale of any motor vehicle and its attached accessories or equipment under the
provisions of section 42-4-2104 produces an amount greater than the sum of all charges of
the operator who has perfected his or her lien:
(a) The proceeds shall first satisfy the operator's reasonable costs and fees arising from
the sale of the motor vehicle pursuant to section 42-4-2104 and the cost and fees of towing
and storing the abandoned motor vehicle with a maximum charge that is specified in rules
promulgated by the public utilities commission that govern nonconsensual tows by towing
carriers.
(a.5) In the case of the sale of an abandoned motor vehicle described in section
42-4-2102 (1) (d), any balance remaining after payment pursuant to paragraph (a) of this
subsection (2) shall be paid to the law enforcement agency that is owed a fee for the
court-ordered placement of an immobilization device on the motor vehicle pursuant to
section 42-4-1105.
(b) Any balance remaining after payment pursuant to paragraphs (a) and (a.5) of this
subsection (2) shall be forwarded to the department, and the department may recover from
such balance any taxes, fees, and penalties due to it with respect to such motor vehicle. The
department shall provide a receipt to the operator within seven days after receiving the
money if the operator provides the department with a postage-paid, self-addressed enve-
lope.
(c) Any balance remaining after payment pursuant to paragraph (b) of this subsection
(2) shall be paid by the department: First, to any lienholder of record as the lienholder' s
interest may appear upon the records of the department; second, to any owner of record as
the owner's interest may so appear; and then to any person submitting proof of such
person's interest in such motor vehicle upon the application of such lienholder, owner, or
person. If such payments are not requested and made within one hundred twenty days after
the sale of the abandoned motor vehicle, the balance shall be transmitted to the state
treasurer, who shall credit the same to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (5.5) (e), C.R.S.
Source: L. 2002: Entire part added with relocated provisions, p. 483, § 2, effective July
1. L. 2005: (2)(c) amended, p. 150, § 29, effective April 5. L. 2006: (2)(a.5) added and
(2)(b) amended, p. 172, § 5, effective July 1. L. 2009: (2)(b) amended, (HB 09-1279), ch.
170, p. 769, § 12, effective August 5.
42-4-2109. Transfer and purge of certificates of title. (1) Whenever any motor
vehicle is abandoned and removed and sold in accordance with the procedures set forth in
this part 21, the department shall transfer the certificate of title or issue a new certificate of
tide or shall purge such certificate of title in either of the following cases:
(a) Upon a person's submission to the department of the necessary documents indicat-
ing the abandonment, removal, and subsequent sale or transfer of a motor vehicle with an
Title 42 - page 535 Regulation of Vehicles and Traffic 42-4-2202
appraised value of more than two hundred dollars, the department shall transfer the
certificate of tide or issue a new certificate of title for such abandoned motor vehicle.
(b) Upon a person* s submission of documents indicating the abandonment, removal,
and subsequent wrecking or dismantling of a motor vehicle, including all sales of aban-
doned motor vehicles with an appraised value of three hundred fifty dollars or less that are
conducted pursuant to section 42-4-2104 (2) and all sales of abandoned motor vehicles, as
defined in section 38-20-116 (2.5) (b) (I), C.R.S., with a retail fair market value of three
hundred fifty dollars or less that are conducted pursuant to section 38-20-116 (2.5) (d) (I),
C.R.S., the department shall keep the records for one year and then purge the records for
such abandoned motor vehicle; except that the department shall not be required to wait
before purging the records if the purchaser is a licensed motor vehicle dealer.
Source: L. 2002: Entire part added with relocated provisions, p. 484, § 2, effective July
1. L. 2004: Entire section amended, p. 613, § 5, effective January 1, 2005. L. 2006: (1Kb)
amended, p. 204, § 2, effective July 1. L. 2008: (l)(a) and (l)fb) amended, p. 546, § 5,
effective January 1, 2009. L. 2009: (l)(b) amended, (HB 09-1279), ch. 170, p. 768, § 10,
effective August 5.
42-4-2110. Penalty. Unless otherwise specified in this part 21, any person who
knowingly violates any of the provisions of this part 21 commits a class 2 misdemeanor and
shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 2002: Entire part added with relocated provisions, p. 484, § 2, effective July
1; entire section amended, p. 1566, § 390, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
PART 22
RECYCLING MOTOR VEHICLES
42-4-2201. Definitions. As used in this part 22, unless the context otherwise requires:
(1) "Auto parts recycler" means any person that purchases motor vehicles for the
purpose of dismantling and selling the components thereof and that complies with all
federal, state, and local laws and regulations.
(2) "Licensed motor vehicle dealer" means a motor vehicle dealer that is licensed
pursuant to part 1 of article 6 of title 12, C.R.S.
(3) "Operator" means a person or a firm licensed by the public utilities commission as
a towing carrier.
(4) "Recycling'* means:
(a) Crushing or shredding a motor vehicle to produce scrap metal that may be used to
produce new products; or
(b) Dismantling a motor vehicle to remove reusable parts prior to recycling the
remainder of the vehicle.
(5) "System" means the Colorado motor vehicle verification system created in section
42-4-2203.
Source: L. 2006: Entire part added, p. 205, § 3, effective July 1. L. 2007: Entire part
amended, p. 1626, § 1, effective July 1. L. 2009: Entire section amended, (HB 09-1298),
ch. 417, p. 2317, § 4, effective June 4.
42-4-2202. Transfer for recycling. (1) No person who is not a licensed motor
vehicle dealer shall purchase or otherwise receive a motor vehicle to recycle the vehicle,
42-4-2203 Vehicles and Traffic Title 42 - page 536
(a) The seller or transferor is the owner on the certificate of title, an operator, or a
licensed motor vehicle dealer;
(b) The seller or transferor provides a completed bill of sale on a form prescribed by the
department of revenue; or
(c) The receiver or purchaser complies with subsection (2) of this section.
(2) (a) A person other than a licensed motor vehicle dealer who purchases or otherwise
receives a motor vehicle for the purpose of recycling the vehicle shall keep the vehicle for
seven business days before recycling unless the seller or transferor:
(I) Is the owner on the certificate of title, an operator, or a licensed motor vehicle dealer;
or
(II) If the purchaser or transferee is an operator selling an abandoned motor vehicle
pursuant to part 18 or 21 of this article or a licensed motor vehicle dealer or used motor
vehicle dealer, provides a completed bill of sale on a form prescribed by the department of
revenue.
(b) During the seven-day waiting period:
(1) The motor vehicle, the bill of sale, a copy of the system inquiry results, and, if
applicable, the daily record required pursuant to section 42-5-105 shall be open at all times
during regular business hours to inspection by the department of revenue or any peace
officer; and
(II) The receiver or purchaser shall submit the vehicle identification number to the
system.
(3) Any person who violates this section is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not more than five hundred dollars for the
first offense and one thousand dollars for each subsequent offense.
Source: L. 2006: Entire part added, p. 205, § 3, effective July 1. L. 2007: Entire part
amended, p. 1627, § 1, effective July 1.
ANNOTATION
Statute is not impermissibly vague in all of In the context of the motor vehicle recy-
its applications. Metal Mgmt. W., Inc. v. State, cling statutes, the definition of a motor vehi-
251 P.3d 1164 (Colo. App. 2010). cle contained in § 42-1-102 (58) connotes any
Definition of motor vehicle in § 42-1-102 motor vehicle that is or was self-propelled.
(58) is controlling and the alternative definition Metal Mgmt. W., Inc. v. State, 251 P.3d 1164
in § 42-5-101 (5) is not. Metal Mgmt. W., Inc. (Colo. App. 2010).
v. State, 251 P.3d 1164 (Colo. App. 2010).
42-4-2203. Vehicle verification system - fees - rules. (1) The Colorado motor
vehicle verification system is hereby created within the Colorado bureau of investigation.
The system shall be a database system that uses a motor vehicle's vehicle identification
number to ascertain whether the motor vehicle has been stolen. The system shall be
accessible through the internet by motor vehicle dealers, motor vehicle recyclers, automo-
bile repair shops, licensed tow operators, the department of revenue and its authorized
agents, and the general public.
(2) The system shall use the latest information that the department of public safety
possesses on stolen motor vehicles.
(3) Users of the system shall pay a fee as established by the department of public safety
in an amount necessary to fund the direct and indirect costs of administering the system;
except that neither the department of revenue nor its authorized agent shall pay a fee for the
use of the system.
(4) The department of public safety may register the persons who use the system and
promulgate any rules reasonably necessary to implement the system.
Source: L. 2007: Entire part amended, p. 1627, § 1, effective July 1. L. 2008: (1) and
(3) amended, p. 1025, § 2, effective August 5.
Title 42 - page 537 Automobile Theft Law - Inspection of 42-4-2301
Motor Vehicle Identification Numbers
42-4-2204. Theft discovered - duties - liability. (1) If a motor vehicle is identified
as stolen by the system, the person submitting the inquiry shall report the incident to the
nearest law enforcement agency with jurisdiction within one business day.
(2) A person who, acting in good faith, recycles a motor vehicle or reports an incident
to a law enforcement agency shall be immune from civil liability and criminal prosecution
for such acts if made in reliance on the system. The department of public safety shall not
be subject to civil liability for failing to identify a stolen vehicle.
(3) A person who fails to comply with subsection (1) of this section commits a class 3
misdemeanor and, upon conviction thereof, shall be punished in accordance with section
18-1.3-501, C.R.S. A person who fails to comply with subsection (1) of this section two
times within five years commits a class 2 misdemeanor and, upon conviction thereof, shall
be punished in accordance with section 18-1.3-501, C.R.S. A person who fails to comply
with subsection (1) of this section three or more times within five years commits a class 1
misdemeanor and, upon conviction thereof, shall be punished in accordance with section
18-1.3-501, C.R.S.
Source: L. 2007: Entire part amended, p. 1628, § 1, effective July 1.
PART 23
EDUCATION REGARDING USE OF NONMOTORIZED
WHEELED TRANSPORTATION BY MINORS
42-4-2301. Comprehensive education. (1) The department of transportation, in
collaboration with the departments of education and public safety and appropriate nonprofit
organizations and advocacy groups, shall notify schools of the availability of and make
available to schools existing educational curriculum for individuals under eighteen years of
age regarding the safe use of public streets and premises open to the public by users of
nonmotorized wheeled transportation and pedestrians. The curriculum shall focus on, at a
minimum, instruction regarding:
(a) The safe use of bicycles;
(b) High risk traffic situations;
(c) Bicycle and traffic handling skills;
(d) On-bike training;
(e) Proper use of bicycle helmets;
(f) Traffic laws and regulations;
(g) The use of hiking and bicycling trails; and
(h) Safe pedestrian practices.
Source: L. 2010: Entire part added, (HB 10-1147), ch. 422, p. 2186, § 3, effective July
1.
AUTOMOBILE THEFT LAW
ARTICLE 5
Automobile Theft Law - Inspection of
Motor Vehicle Identification Numbers
Cross references: For enforcement by Colorado state patrol, see §§ 24-33.5-203 (2) and 24-33.5-
212.
PART 1 42-5-102. Stolen motor vehicle parts -
buying, selling - removed or
AUTOMOBILE THEFT altered motor vehicle parts -
possession.
42-5-101. Definitions. 42-5-103. Tampering with a motor vehi-
42-5-101
Vehicles and Traffic
Title 42 -page 538
cle.
42-5-104. Theft of motor vehicle parts -
theft of license plates.
42-5-105. Daily record,
42-5-106. Duties of dealers - assembled
motor vehicles.
42-5-107. Seizure of motor vehicles or
component parts by peace of-
ficers.
42-5-108. Penalty.
42-5-109. Report of stored or parked mo-
tor vehicles - when.
42-5-110. Possession of removed, de-
faced, altered, or destroyed
motor vehicle identification
numbers.
42-5- 111. Proof of authorized possession.
42-5-112. Automobile theft prevention
authority - board - creation -
duties - rules - fund - repeal.
42-5-113. Colorado auto theft prevention
cash fund - audit
PART 2
VEHICLE IDENTIFICATION
NUMBER INSPECTION
42-5-201. Definitions.
42-5-202. Vehicle identification number
inspection.
42-5-203. Inspections - street rod ve-
hicles. (Repealed)
42-5-204. Inspection fees - vehicle num-
ber inspection funds.
42-5-205. Assignment of a special vehicle
identification number by the
department of revenue. (Re-
pealed)
42-5-206. Certification of inspectors.
42-5-207. Rules.
PARTI
AUTOMOBILE THEFT
42-5-101. Definitions* As used in this part 1, unless the context otherwise requires:
(1) "Calendar year** means the twelve calendar months beginning January first and
ending December thirty-first of any year.
(2) "Dealer** means all persons, firms, partnerships, associations, or corporations
engaged in the business or vocation of manufacturing, buying, selling, trading, dealing in,
destroying, disposing of, or salvaging motor vehicles or in secondhand or used motor
vehicle parts, equipment, attachments, accessories, or appurtenances common to or a part
of motor vehicles.
(3) "Driver** means the person operating or driving a motor vehicle.
(4) "Garage** means any public building or place of business for the storage or repair
of motor vehicles.
(5) "Motor vehicle** means any vehicle of whatever description propelled by any
power other than muscular except a vehicle running on rails.
(6) "Officer** means any duly constituted peace officer of this state, or of any town, city,
county, or city and county in this state.
(7) "Owner** means any person, firm, partnership, association, or corporation.
(8) "Peace officer** means every officer authorized to direct or regulate traffic or to
make arrests for violations of traffic regulations.
(9) "Person*' includes a partnership, company, corporation, or association.
(10) "Public highway** means any public street, thoroughfare, roadway, alley, lane, or
bridge in any county or city and county in the state.
(11) "Vehicle identification number** means any identifying number, serial number,
engine number, or other distinguishing number or mark, including letters, if any, that is
unique to the identity of a given vehicle or component part thereof that was placed on a
vehicle or engine by its manufacturer or by authority of the department of revenue pursuant
to section 42-12-202 or in accordance with the laws of another state or country.
Source: L. 94: Entire title amended with relocations, p. 2439, § 1, effective January 1,
1995. L. 2000: (11) amended, p. 1645, § 34, effective June 1. L. 2011: (11) amended, (SB
11-031), ch. 86, p. 247, § 14, effective August 10.
Title 42 - page 539
Automobile Theft Law - Inspection of
Motor Vehicle Identification Numbers
42-5-103
42-5-102. Stolen motor vehicle parts - buying, selling - removed or altered motor
vehicle parts - possession. (1) Any person who buys, sells, exchanges, trades, receives,
conceals, or alters the appearance of a motor vehicle or any motor vehicle part, equipment,
attachment, accessory, or appurtenance which is the property of another or any person who
aids or abets in the commission or attempted commission of any such act, knowing or
having reasonable cause to know and believe that such motor vehicle or motor vehicle part,
equipment, attachment, accessory, or appurtenance is stolen property, commits a class 5
felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(2) Except as necessary to effect legitimate repairs, any person who intentionally
removes, changes, alters, or obliterates the vehicle identification number, manufacturer* s
number, or engine number of a motor vehicle or motor vehicle part or who possesses a
motor vehicle or a motor vehicle part and knows or has reasonable cause to know that it
contains such a removed, changed, altered, or obliterated vehicle identification number,
manufacturer's number, or engine number commits a class 5 felony and shall be punished
as provided in section 18-1.3-401, C.R.S. Any person who commits any of said acts for the
purpose of legitimately repairing the motor vehicle shall provide evidence of such legiti-
mate repair to the investigating law enforcement agency. Such evidence shall include, but
need not be limited to, prerepair and postrepair photographs of the affected motor vehicle
part and vehicle identification number and a signed affidavit describing the required repairs.
Source: L. 94: Entire title amended with relocations, p. 2440, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1562, § 372, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
This section constitutes a reasonable clas-
sification, and there may be prosecutions under
this section irrespective of the general theft stat-
utes. People v. Smith, 193 Colo. 357, 566 P.2d
364 (1977).
This section is not unconstitutionally
vague; it gives adequate notice to one wishing
to conform his conduct to the requirements of
the law that knowingly possessing an automo-
bile or automobile part containing intentionally
altered identification numbers is proscribed.
People v. Sequin, 199 Colo. 381, 609 P.2d 622
(1980); People v. Bossert, 722 P.2d 998 (Colo.
1986); People v. Bossert, 772 P.2d 618 (Colo.
1989), cert, denied, 493 U.S. 845, 110 S. Ct.
137, 107 L. Ed.2d 96 (1989).
The purpose of this section is to curb the
trafficking of stolen automobiles and stolen au-
tomobile parts. People v. Smith, 193 Colo. 357,
566 P.2d 364 (1977).
The intent of the legislature in this section is
to prohibit intentional alteration of identification
numbers; this is not inconsistent with provisions
of § 42-6-117 (now § 42-5-205) which recog-
nize that an identification number might legiti-
mately be "destroyed, obliterated, or muti-
lated". People v. Sequin, 199 Colo. 381, 609
P.2d 622 (1980); People v. Rautenkranz, 641
P.2d 317 (Colo. App. 1982); People v. Bossert,
722 P.2d 998 (Colo. 1986).
Court's determination in motion for return
of seized vehicle. In a motion for return of a
seized vehicle, the trial court must determine
whether the obliteration or alteration of the ve-
hicle identification number was intentional, in
which case subsection (2) would govern, and the
vehicle would be subject to forfeiture as contra-
band, or whether the obliteration or alteration
was unintentional, in which case the vehicle
would not be contraband and should be released
to the owner. People v. Rautenkranz, 641 P.2d
317 (Colo. App. 1982).
Subsection (2) of this section and $ 18-5-
305 proscribe different, albeit related, crimi-
nal conduct People v. Bossert, 722 P.2d 998
(Colo. 1986).
42-5-103. Tampering with a motor vehicle. (1) Any person who with criminal
intent does any of the following to a motor vehicle or to any part, equipment, attachment,
accessory, or appurtenance contained in or forming a part thereof without the knowledge
and consent of the owner of such motor vehicle commits tampering with a motor vehicle:
(a) Tightens or loosens any bolt, bracket, wire, screw, or other fastening contained in,
contained on, or forming a part of such motor vehicle; or
(b) Shifts or changes the gears or brakes of such motor vehicle; or
42-5-104 Vehicles and Traffic Title 42 - page 540
(c) Scratches, mars, marks, or otherwise damages such motor vehicle or any part
thereof; or
(d) Adds any substance or liquid to the gas tank, carburetor, oil, radiator, or any other
part of such motor vehicle; or
(e) Aids, abets, or assists in the commission or attempted commission of any such
unlawful act or acts enumerated in this subsection (1).
(2) Tampering with a motor vehicle is:
(a) A class 1 misdemeanor if the damage is less than one thousand dollars;
(b) A class 5 felony if the damage is one thousand dollars or more but less than twenty
thousand dollars;
(c) A class 3 felony if the damage is twenty thousand dollars or more or causes bodily
injury to a person.
Source: L. 94: Entire title amended with relocations, p. 2440, § 1, effective January 1,
1995. L. 98: (2)(a) and (2)(b) amended, p. 799, § 16, effective July 1; (2)(a) and (2)(b)
amended, p. 1441, § 22, effective July 1. L. 2007: (2) amended, p. 1697, § 16, effective
July 1.
Cross references: For the legislative declaration contained in the 2007 act amending subsection
(2), see section 1 of chapter 384, Session Laws of Colorado 2007.
42-5-104. Theft of motor vehicle parts - theft of license plates. ( 1 ) Any person who
with criminal intent removes, detaches, or takes from a motor vehicle which is the property
of another any part, equipment, attachment, accessory, or appurtenance contained therein,
contained thereon, or forming a part thereof or any person who aids, abets, or assists in the
commission of any such act or acts is guilty of theft of motor vehicle parts.
(2) Theft of motor vehicle parts is:
(a) A class 1 misdemeanor if the value of the thing involved is less than one thousand
dollars;
(b) A class 5 felony if the value of the thing involved is one thousand dollars or more
but less than twenty thousand dollars;
(c) A class 3 felony if the value of the thing involved is twenty thousand dollars or
more.
(3) When a person commits theft of motor vehicle parts two times or more within a
period of six months without having been placed in jeopardy for the prior offense or
offenses and the aggregate value of the things involved is one thousand dollars or more but
less than twenty thousand dollars, it is a class 5 felony; however, if the aggregate value of
the things involved is twenty thousand dollars or more, it is a class 4 felony.
(4) Any person who steals a license plate shall be in violation of paragraph (a) of
subsection (2) of this section.
Source: L. 94: Entire title amended with relocations, p. 2441, § 1, effective January 1,
1995. L. 98: (2)(a) and (2)(b) amended, p. 1441, § 23, effective July 1; (2)(a), (2)(b), and
(3) amended, p. 799, § 17, effective July 1. L. 2003: (4) added, p. 2649, § 9, effective July
1. L. 2007: (2) and (3) amended, p. 1697, § 17, effective July 1.
Cross references: ( 1 ) For penalties for class 2 misdemeanors, see § 18-1 .3^501 ; for penalties for
class 3, 4, or 5 felonies, see § 18-1.3-401.
(2) For the legislative declaration contained in the 2007 act amending subsections (2) and (3), see
section 1 of chapter 384, Session Laws of Colorado 2007.
ANNOTATION
This section makes a valid classification of strated beyond a reasonable doubt. People v.
theft of auto parts, as distinct from general theft, Czajkowski, 193 Colo. 352, 568 P.2d 23 (1977).
and its unconstitutionality has not been demon- When the general assembly concludes that
Title 42 - page 541
Automobile Theft Law - Inspection of
Motor Vehicle Identification Numbers
42-5-105
certain factual situations justify the harsher pen-
alty for automobile parts theft, the classification
does not of itself violate equal protection of the
laws. People v. Czajkowski, 193 Colo. 352, 568
P.2d 23 (1977).
The general assembly did not proscribe the
same conduct in this section and § 18-4-401.
This section requires that the thing stolen be a
part of, or contained in, an automobile, and there
is no such requirement under section 18-4-401.
People v. Czajkowski, 193 Colo. 352, 568 P.2d
23 (1977).
Knowledge required to sustain conviction
as accessory. Knowledge that a theft has oc-
curred is knowledge sufficient to sustain a con-
viction of accessory to theft of auto parts.
Barreras v. People, 636 P.2d 686 (Colo. 1981).
Statute as basis for jurisdiction. See People
v. Davis, 194 Colo. 466, 573 P.2d 543 (1978).
Applied in People v. Sequin, 199 Colo. 381,
609 P.2d 622 (1980).
42-5-105. Daily record. (1) (a) It is the duty of every dealer, and of the proprietor of
every garage, to keep and maintain in such person's place of business an easily accessible
and permanent daily record of all secondhand or used motor vehicle equipment, attach-
ments, accessories, and appurtenances bought, sold, traded, exchanged, dealt in, repaired, or
received or disposed of in any manner or way by or through the dealer or proprietor. The
record may be created, recorded, stored, or reproduced physically or electronically.
(b) The record shall be kept in a good businesslike manner in the form of invoices or
in a book by the dealer or proprietor and shall contain the following:
(1) A description of any and all such articles of property of every class or kind sufficient
for the ready identification thereof by a peace officer;
(II) The name and address, legibly written, of the owner, vendor, and vendee;
(III) The time and date of such transactions;
(IV) The name, address, and a copy of the identification document of the driver and the
owner of a motor vehicle received for any purpose; except that a licensed motor vehicle
dealer or used motor vehicle dealer is not required to obtain or retain a copy of an
identification document if such dealer complies with article 6 of title 12, C.R.S.;
(V) The model year, make and style, and engine or vehicle identification number and
state registration license number of such motor vehicle if registered; and
(VI) The purpose the motor vehicle was received and the disposition made thereof.
(c) The record shall be open and the motor vehicle shall be available at all times during
regular business hours to the inspection by the department of revenue or any peace officer
and available for use as evidence.
(2) It is the duty of every person offering to a dealer, or to the proprietor of a garage,
for any purpose, a motor vehicle or secondhand or used motor vehicle equipment,
attachment, accessory, or appurtenance to:
(a) Write or register, as legibly as possible, the full and true name and address of the
person and the name and address of the owner in the record kept by such dealer or
proprietor of a garage as provided for in this section; and
(b) Present a valid identification document verifiable by federal or state law enforce-
ment. The following documents, without limitation, shall be deemed to comply with this
paragraph (b):
(I) An identification document issued by the state of Colorado;
(II) An identification document issued by any other state;
(HI) An identification document issued by the United States government;
(IV) A passport issued by the United States government or another jurisdiction.
(3) It is the duty of every driver, upon taking a motor vehicle to any dealer's place of
business or to any garage for storage, repair, sale, trade, or any other purpose, to write or
register, as legibly as possible, with ink or indelible pencil, the full and true name and
address of the driver and the name and address of the owner of such motor vehicle in the
record provided for in this section. Such driver shall not be required, however, to so register
the same motor vehicle more than once in the same garage in any calendar year when the
driver is personally known to the dealer or the proprietor of the garage to be in the rightful
and lawful possession of such motor vehicle. Such driver, on request or demand of such
dealer or proprietor of a garage, or his or her agent, shall produce for examination the motor
42-5-106 Vehicles and Traffic Title 42 - page 542
vehicle state registration license certificate issued to such driver or to the owner of such
motor vehicle.
(4) Any person violating any provision of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.
Source: L. 94: Entire title amended with relocations, p. 2441, § 1, effective January 1,
1995. L. 2007: (1) and (2) amended, p. 1628, § 2, effective July 1.
ANNOTATION
A dealer or garage is not required to record motor vehicles, as denned in § 42-5-101 (5).
the vehicle identification number of motor Metal Mgmt. W., Inc. v. State, 251 P.3d 1164
vehicle parts. The statute requires this only for (Colo. App. 2010).
42-5-106. Duties of dealers - assembled motor vehicles. It is the duty of every dealer
and of every proprietor of a garage to examine, without charge, the engine or vehicle
identification number of every motor vehicle bought, taken in trade, repaired, or stored by
them. Such dealer shall not be required to examine the engine or vehicle identification
number of the same motor vehicle more than once in the same calendar year when such
dealer knows that the person in possession of such motor vehicle is the lawful owner
thereof. It is the further duty of the dealer, proprietor of a garage, or his or her agent,
promptly and without delay, to report to or notify in person, or by telephone or telegraph,
or by special messenger the nearest police station or peace officer if the engine or vehicle
identification number of said motor vehicle has been altered, changed, or so obliterated as
to make the number indecipherable or if the engine or vehicle identification number or the
state registration license number of said motor vehicle does not correspond with the engine
or vehicle identification number of the motor vehicle state registration certificate of the
driver of said motor vehicle. Any person violating any of the provisions of this section
commits a class 1 petty offense and shall be punished as provided in section 18-1.3-503,
C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2442, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1563, § 373, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-5-107. Seizure of motor vehicles or component parts by peace officers. All peace
officers are authorized to take and hold possession of any motor vehicle or component part
if its engine number, vehicle identification number, or manufacturer's serial number has
been altered, changed, or obliterated or if such officer has good and sufficient reason to
believe that the motor vehicle or component part is not in the rightful possession of the
driver or person in charge thereof.
Source: L. 94: Entire title amended with relocations, p. 2442, § 1, effective January 1,
1995.
ANNOTATION
The term "good and sufficient reason" in- signed rental agreements for the vehicle, one of
terpreted to mean reasonable suspicion that which was for the wrong vehicle, where the
criminal activity had occurred or was about to rental agreement prohibited driving outside of
occur. People v. Litchfield, 918 P.2d 1099 (Colo. Arizona or Nevada, and where the driver offered
1996). conflicting reasons for being in the state. People
Police had reasonable suspicion to believe v. Litchfield, 918 P.2d 1099 (Colo. 1996).
criminal activity occurred where the driver of Temporary detention of a vehicle pursuant
a rental vehicle in Colorado produced two un- to this section did not constitute an impound-
Title 42 - page 543 Automobile Theft Law - Inspection of 42-5-110
Motor Vehicle Identification Numbers
justifying an administrative inventory stolen car, that she has been placed under arrest,
search of the vehicle's trunk. People v. and has escaped from the deputy sheriff, may
Litchfield, 918 R2d 1099 (Colo. 19%). under these circumstances arrest even without
Right to arrest without warrant In view of warrant. People ex rel. Little v. Hutchinson, 9 F.
this section, an officer, who has been instructed 2d 275 (8th Cir. 1925).
that the woman he is to look for is driving a
42-5-108. Penalty. Any person violating any of the provisions of this part 1, unless
otherwise specifically provided for in this part 1, commits a class 3 misdemeanor and shall
be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2443, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1563, § 374, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-5-109. Report of stored or parked motor vehicles - when. Whenever any motor
vehicle of a type subject to registration in this state has been stored, parked, or left in a
garage, a trailer park, or any type of storage or parking lot for a period of over thirty days,
the owner of such garage, trailer park, or lot shall report the make, engine number, vehicle
identification number, and serial number of such motor vehicle in writing to the Colorado
state patrol auto theft section, Denver, Colorado, and the sheriff of the county in which the
garage, trailer park, or lot is located. Nothing in mis section shall apply where arrangements
have been made for continuous storage or parking by the owner of the motor vehicle so
parked or stored and where the owner of said motor vehicle so parked or stored is personally
known to the owner or operator of such garage, trailer park, or storage or parking lot Any
person who fails to submit the report required under this section at the end of thirty days
shall forfeit all claims for storage of such motor vehicles and shall be subject to a fine of
not more than twenty-five dollars, and each day's failure to make such a report as required
under this section shall constitute a separate offense.
Source: L. 94: Entire title amended with relocations, p. 2443, § 1, effective January 1,
1995.
ANNOTATION
Applied in Calabrese v. Hall, 42 Colo. App.
347, 593 P.2d 1387 (1979).
42-5-110. Possession of removed* defaced, altered, or destroyed motor vehicle
identification numbers. (1) No person shall knowingly buy, sell, offer for sale, receive,
or possess any motor vehicle or component part thereof from which the vehicle identifi-
cation number or any number placed on said vehicle or component part for its identification
by the manufacturer has been removed, defaced, altered, or destroyed unless such vehicle
or component part has attached thereto a special identification number assigned or approved
by the department in lieu of the manufacturer's number.
(2) Whenever such motor vehicle or component part comes into the custody of a peace
officer, it shall be destroyed, sold, or otherwise disposed of under the conditions provided
in an order by the court having jurisdiction. No court order providing for disposition shall
be issued unless the person from whom the property was seized and all claimants to the
property whose interest or title is on the records in the department of revenue are provided
a postseizure hearing by the court having jurisdiction within a reasonable period after the
seizure. This postseizure hearing shall be held on those motor vehicles or component parts
for which true ownership is in doubt, including, but not limited to, those motor vehicles or
component parts that are altered to the extent that they cannot be identified, those motor
vehicles or component parts that are composed of parts belonging to several different
42-5-110 Vehicles and Traffic Title 42 - page 544
claimants, and those motor vehicles or component parts for which there are two or more
existing titles. This subsection (2) shall not apply with respect to such motor vehicle or
component part used as evidence in any criminal action or proceeding. Nothing in this
section shall, however, preclude the return of such motor vehicle or component part to the
owner by the seizing agency following presentation of satisfactory evidence of ownership
and, if it is determined to be necessary, upon assignment of an identification number to the
vehicle or component part by the department of revenue. There shall be no special
identification number issued for a component part unless it is a component part of a
complete motor vehicle.
(3) Whenever such motor vehicle or component part comes into the custody of a peace
officer, the person from whom the property was seized and all claimants to the property
whose interest or title is noted on the records of the department of revenue shall be notified
within ninety days of seizure of the seizing agency's intent to commence a postseizure
hearing as described in subsection (2) of this section. Such notice shall contain the
following information:
(a) The name and address of the person or persons from whom the motor vehicle or
component part was seized;
(b) A statement that the motor vehicle or component part has been seized for investi-
gation as provided in this section and that the property will be released upon a determination
that the identification number has not been removed, defaced, altered, or destroyed or upon
the presentation of satisfactory evidence of the ownership of such motor vehicle or
component part if no other person claims an interest in the property within thirty days of the
date the notice is mailed; otherwise, a hearing regarding the disposition of such motor
vehicle or component part shall take place in the court having jurisdiction;
(c) A statement that the person from whom the property was seized and all claimants
to the motor vehicle or component part whose interest or title is on the records in the
department of revenue will have notification of the seizing agency's intention to commence
a postseizure hearing, and such notice shall be sent to the last-known address by registered
mail within ninety days of the date of seizure;
(d) The name and address of the law enforcement agency where the evidence of
ownership of such motor vehicle or component part may be presented;
(e) A statement or copy of the text contained in this section.
(4) (a) A hearing on the disposition of the motor vehicle or component part shall be
held by the court having jurisdiction within a reasonable time after the seizure. The hearing
shall be before the court without a jury.
(b) If the evidence reveals either that the identification number has not been removed,
altered, or destroyed or that the identification has been removed, altered, or destroyed but
satisfactory evidence of ownership has been presented, then the motor vehicle or component
part shall be released to the person entitled thereto. Nothing in this section shall preclude
the return of such motor vehicle or component part to a good faith purchaser following the
presentation of satisfactory evidence of ownership thereof, and, if necessary, said good faith
purchaser may be required to obtain an assigned identification number from the motor
vehicle group.
(c) If the evidence reveals that the identification number of the motor vehicle or the
component part has been removed, altered, or destroyed and satisfactory evidence of
ownership has not been presented, then the property shall be destroyed, sold, or converted
to the use of the seizing agency or otherwise disposed of as provided by court order.
(d) At the hearing, the seizing agency shall have the burden of establishing that the
identification number of the motor vehicle or the component part has been removed,
defaced, altered, or destroyed.
(e) At the hearing, any claimant to the property shall have the burden of providing
satisfactory evidence of ownership.
Source: L. 94: Entire title amended with relocations, p. 2443, § 1, effective January 1,
1995. L. 2000: (1), (2), IP(3), (3)(c), and (4)(b) amended, p. 1646, § 35, effective June 1.
Title 42 - page 545 Automobile Theft Law - Inspection of 42-5-112
Motor Vehicle Identification Numbers
ANNOTATION
Mandatory hearing pursuant to subsection tution. Denver v. Desert Truck Sales, Inc., 837
(4) complies with due process requirements of P.2d 759 (Colo. 1992).
Article II, Section 25 of the Colorado Consti-
42-5-111. Proof of authorized possession. Whenever any motor vehicle or major
component part of a motor vehicle is transported, shipped, towed, or hauled by any means
in this state, said vehicle or component part shall be accompanied by proper authorization
of possession from the legal owner or a law enforcement agency. Such authorization may
include, but need not be limited to, bills of lading, shipment invoices, towing requests, or
other specific authorization which readily identifies the rightful owner and conveys said
owner's authorization of possession to the person transporting the motor vehicle or
component part.
Source: L. 94: Entire title amended with relocations, p. 2445, § 1, effective January 1,
1995.
42-5-112. Automobile theft prevention authority - board - creation - duties - rules
• fund - repeal. (1) There is hereby created in the department of public safety the
automobile theft prevention authority, referred to in this section as the "authority". Under
the authority, a law enforcement agency or other qualified applicant may apply for grants
to assist in improving and supporting automobile theft prevention programs or programs for
the enforcement or prosecution of automobile theft crimes through statewide planning and
coordination.
(2) (a) There is hereby created the automobile theft prevention board, referred to in this
section as the "board", which shall consist of eleven members as follows:
0) The executive director of the department of public safety, or the executive director's
designee;
(II) The executive director of the department of revenue, or the executive director's
designee; and
(EI) Nine members appointed by the governor as follows:
(A) Five representatives of insurance companies who are authorized to issue motor
vehicle insurance policies pursuant to part 6 of article 4 of title 10, C.R.S.;
(B) Two representatives of law enforcement;
(C) A representative of a statewide association of district attorneys; and
(D) A representative of the public who may also be a representative of a consumer
group.
(b) The governor shall appoint members of the board within thirty days after the
governor receives notification pursuant to subsection (5) of this section that moneys in the
fund exceed the sum of three hundred thousand dollars. The appointed members of the
board shall serve terms of six years; except that, of the members first appointed pursuant to
sub-subparagraph (A) of subparagraph (HI) of paragraph (a) of this subsection (2), the
governor shall select one member who shall serve an initial term of four years and one
member who shall serve an initial term of two years. Of the members first appointed
pursuant to sub-subparagraph (B) of subparagraph (HI) of paragraph (a) of this subsection
(2), the governor shall select one member who shall serve an initial term of two years. The
member first appointed pursuant to sub-subparagraph (C) of subparagraph (III) of paragraph
(a) of this subsection (2) shall serve an initial term of four years. No appointed member shall
serve more than two consecutive six-year terms.
(b.5) Notwithstanding the provisions of paragraph (b) of this subsection (2), of the two
additional members appointed to the board pursuant to Senate Bill 08-060, enacted at the
second regular session of the sixty-sixth general assembly, one member shall serve an initial
term of four years and one member shall serve an initial term of two years.
(c) The members of the board shall serve without compensation; except that the
members of the board shall be reimbursed from moneys in the fund created in subsection
42-5-112 Vehicles and Traffic Title 42 - page 546
(4) of this section for their actual and necessary expenses incurred in the performance of
their duties pursuant to this section.
(3) (a) The board shall solicit and review applications for grants pursuant to this
section. The board may award grants for one to three years. The board shall give priority
to applications representing multijurisdictional programs. Each application, at a minimum,
shall describe the type of theft prevention, enforcement, prosecution, or offender rehabil-
itation program to be implemented. Such programs may include, but need not be limited to:
(I) Multi-agency law enforcement and national insurance crime bureau task force
programs using proactive investigative methods to reduce the incidents of motor vehicle
theft and related crimes and to increase the apprehension of motor vehicle thieves and
persons who attempt to defraud insurance companies in order to:
(A) Direct proactive investigative and enforcement efforts toward the reduction of
motor vehicle thefts;
(B) Increase recoveries of stolen motor vehicles, including farm and construction
equipment; and
(C) Increase the arrests of perpetrators;
(II) Programs that engage in crime prevention efforts, activities, and public awareness
campaigns mat are intended to reduce the public's victimization by motor vehicle theft,
fraud, and related crimes;
(HI) Programs that provide or develop specialized training for motor vehicle theft
investigations personnel, including but not limited to law enforcement personnel, county
title and registration clerks, division of revenue tide clerks, and port-of-entry officials, in
order to enhance knowledge, skills, procedures, and systems to detect, prevent, and combat
motor vehicle theft and fraud and related crimes;
(IV) Programs to provide for the support and maintenance of one or more dedicated
prosecutors who have the specific mission and expertise to provide legal guidance and
prosecutorial continuity to complex criminal cases arising from the activities of a multi-
agency law enforcement program; and
(V) Programs to prevent future criminal behavior by first time offenders who have been
charged, convicted, or adjudicated for motor vehicle theft.
(b) Subject to available moneys, the board shall approve grants pursuant to this section.
In selecting grant recipients, the board, to the extent possible, shall ensure that grants are
awarded to law enforcement agencies or other qualified applicants in a variety of geo-
graphic areas of the state. The board shall not require as a condition of receipt of a grant
mat an agency, political subdivision, or other qualified applicant provide any additional
moneys to operate an automobile theft prevention program or a program for the enforce-
ment or prosecution of automobile theft crimes.
(c) Subject to available moneys, the board may appoint a director for the authority who
may employ such staff as may be necessary to operate and administer the authority.
(d) No more than eight percent of the moneys in the fund created pursuant to subsection
(4) of this section may be used for operational or administrative expenses of the authority.
(e) The FIE authorization for any staff necessary to support the authority shall be
eliminated should sufficient moneys from gifts, grants, or donations no longer be available
for the authority.
(f) The executive director of the department of public safety shall promulgate rules for
the administration of this section, including but not limited to:
(I) Requirements for an entity other than a law enforcement agency to be a qualified
applicant;
(II) Application procedures by which law enforcement agencies or other qualified
applicants may apply for grants pursuant to this section;
(HI) The criteria for selecting those agencies or other qualified applicants that shall
receive grants and the criteria for determining the amount to be granted to the selected
agencies or applicants and the duration of the grants; and
(IV) Procedures for reviewing the success of the programs that receive grants pursuant
to this section.
Tide 42 - page 547 Automobile Theft Law - Inspection of 42-5-1 13
Motor Vehicle Identification Numbers
(g) On or before December 1, 2006, any law enforcement agency or other qualified
applicant that receives a grant pursuant to this section shall submit a report to the board
concerning the implementation of the program funded through the grant.
(h) On or before February 1, 2007, the board shall report to the judiciary committees
of the senate and the house of representatives on the implementation of the programs
receiving grants pursuant to this section and the authority. The report shall include but need
not be limited to:
(I) The number and geographic jurisdiction of law enforcement agencies or other
qualified applicants that received grants under the authority and the amount and duration of
the grants;
(II) The effect that the programs that received grants had on the number of automobile
thefts in areas of the state; and
(HI) Recommendations for legislative changes to assist in the prevention, enforcement,
and prosecution of automobile-theft-related criminal activities.
(4) (a) The department of public safety is authorized to accept gifts, grants, or
donations from private or public sources for the purposes of this section. All private and
public funds received through gifts, grants, or donations shall be transmitted to the state
treasurer, who shall credit the same to the Colorado auto theft prevention cash fund, which
fund is hereby created and referred to in this section as the "fund". The fund shall also
include the moneys deposited in the fund pursuant to section 10-4-617, C.R.S. The moneys
in the fund shall be subject to annual appropriation by the general assembly for the direct
and indirect costs associated with the implementation of this section. Any moneys in the
fund not expended for the purpose of this section may be invested by the state treasurer as
provided in section 24-36-113, C.R.S. All interest and income derived from the investment
and deposit of moneys in the fund shall be credited to the fund Any unexpended and
unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in
the fund and shall not be credited or transferred to the general fund or any other fund.
(b) It is the intent of the general assembly that the department of public safety not be
required to solicit gifts, grants, or donations from any source for the purposes of this section
and that no general fund moneys be used to pay for grants awarded pursuant to this section
or for any expenses of the authority.
(5) (a) The state treasurer shall notify the governor and the executive directors of the
departments of public safety and revenue the first time that the moneys in the fund reach or
exceed the sum of three hundred thousand dollars.
(b) If by June 1, 2008, moneys in the fund have never reached or exceeded three
hundred thousand dollars, the state treasurer shall return from the fund to the grantee or
donee the amount of all gifts, grants, or donations. If gifts, grants, and donations are
returned pursuant to this paragraph (b), on July 1, 2008, the treasurer shall transfer to the
general fund any interest or income earned on moneys in the fund.
(6) (a) This section is repealed, effective September 1, 2018.
(b) Prior to said repeal, the authority created pursuant to subsection (1) of this section
and the board created pursuant to subsection (2) of this section shall be reviewed as
provided for in section 24-34-104, C.R.S.
Source: L. 2003: Entire section added, p. 1326, § 1, effective April 22. L. 2004:
(2)(a)(m)(A) amended, p. 906, § 35, effective May 21. L. 2008: IP(2)(a), IP(2Xa)(IID,
(2)(a)(m)(A), (4Xa), and (6) amended and (2)(b.5) added, p. 2097, § 2, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act amending the intro-
ductory portions to subsections (2)(a) and (2)(a)(IH) and subsections (2)( a)(HI)( A), (4)(a). and (6) and
enacting subsection (2)(b.5), see section 1 of chapter 415, Session Laws of Colorado 2008.
42-5-113. Colorado auto theft prevention cash rand - audit Beginning in the
2008-09 fiscal year, and every two years thereafter, the state auditor shall cause an audit to
be made of the Colorado auto theft prevention cash fund created in section 42-5-112 (4) to
include procedures to test distributions from the fund for compliance with program
requirements and guidelines. The auditor shall review a sample of distributions and
42-5-201 Vehicles and Traffic Title 42 - page 548
expenditures from the Colorado auto theft prevention cash fund for the purposes described
in section 42-5-112. The state auditor shall prepare a report of each audit conducted and file
the report with the audit committee of the general assembly. Following the release of the
audit report, the state auditor shall file the audit report with the judiciary committees of the
house of representatives and the senate, or any successor committees.
Source: L. 2008: Entire section added, p. 2098, § 3, effective July 1.
Cross references: For the legislative declaration contained in the 2008 act enacting this section, see
section 1 of chapter 415, Session Laws of Colorado 2008.
PART 2
VEHICLE IDENTinCATION NUMBER INSPECTION
42-5-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Bonded title vehicle" means a vehicle the owner of which has posted a bond for
title pursuant to the provisions of section 42-6-115.
(2) "Commercial vehicle'* means any trailer as defined in section 42-1-102 (105), truck
as defined in section 42-1-102 (108), or truck tractor as defined in section 42-1-102 (109).
(3) (Deleted by amendment, L. 2000, p. 1647, § 36, effective June 1, 2000.)
(4) "Homemade vehicle" means a vehicle which is constructed by a manufacturer not
licensed by the state of Colorado and which is not recognizable as a commercially
manufactured vehicle.
(5) "Inspector" means a duly constituted peace officer of a law enforcement agency or
other individual who has been certified pursuant to section 42-5-206 to inspect vehicle
identification numbers.
(6) "Law enforcement agency" means the Colorado state patrol or the agency of a local
government authorized to enforce the laws of the state of Colorado.
(7) "Local government" means a town, a city, a county, or a city and county.
(8) "Rebuilt vehicle" means a vehicle which has been assembled from parts of two or
more commercially manufactured vehicles or which has been altered in such a manner that
it is not readily recognizable as a commercially manufactured vehicle of a given year.
"Rebuilt vehicle" includes a street rod vehicle.
(9) "Reconstructed vehicle" means a vehicle constructed from two or more commer-
cially manufactured vehicles of the same type and year which has not been altered and
which is recognizable as a commercially manufactured vehicle of a given year.
(10) "State" includes the territories and the federal districts of the United States.
(11) "Street rod vehicle" means a vehicle with a body design manufactured in 1948 or
earlier or with a reproduction component that resembles a 1948 or earlier model which has
been modified for safe road use, including, but not limited to, modifications of the drive
train, suspension, and brake systems, modifications to the body through the use of materials
such as steel or fiber glass, and other safety or comfort features.
(12) "Vehicle" means a motor vehicle subject to the certificate of title provisions of
part 1 of article 6 of this title but does not include commercial vehicles as defined in
subsection (2) of this section.
(13) "Vehicle identification number" means any identifying number, serial number,
engine number, or other distinguishing number or mark, including letters, if any, that is
unique to the identity of a given vehicle or commercial vehicle or component part thereof
that was placed on a vehicle, commercial vehicle, or engine by its manufacturer or by
authority of the department of revenue under section 42-12-202 or in accordance with the
laws of another state or country.
Source: L. 94: Entire title amended with relocations, p. 2445, § 1, effective January 1,
1995. L. 2000: (3) and (13) amended, p. 1647, § 36, effective June 1. L. 2010: (5)
amended, (HB 10-1096), ch. 240, p. 1051, § 1, effective August 11. L. 2011: (13)
amended, (SB 11-031), ch. 86, p. 247, § 15, effective August 10.
Title 42 - page 549 Automobile Theft Law - Inspection of 42-5-204
Motor Vehicle Identification Numbers
42-5-2112. Vehicle identification number inspection. (1) No bonded title vehicle,
homemade vehicle, rebuilt vehicle, reconstructed vehicle, or vehicle assembled from a kit
shall be sold in the state of Colorado or issued a Colorado certificate of title unless the seller
or owner of such vehicle has had its vehicle identification number inspected and recorded
by an inspector on the inspection form approved by the department of revenue.
(2) No bonded title commercial vehicle, homemade commercial vehicle, rebuilt com-
mercial vehicle, reconstructed commercial vehicle, or commercial vehicle assembled from
a kit shall be issued a Colorado certificate of title unless an inspector inspects the vehicle
identification number and records the number on the inspection form approved by the
department of revenue.
(2.5) The department is authorized to perform a vehicle identification number inspec-
tion on any motor vehicle subject to this article that the department determines is necessary
or convenient in carrying out its duties pursuant to this article and to charge and receive an
inspection fee pursuant to section 42-5-204 for such inspection.
(3) The inspections required by this section include a physical inspection of the vehicle
or commercial vehicle and a computer check of the state and national compilations of
wanted and stolen vehicles or commercial vehicles. If the inspector determines that the
vehicle identification number has not been removed, changed, altered, or obliterated and
that it is not the identification number of a wanted or stolen vehicle or commercial vehicle,
the inspection form shall be transmitted to the executive director of the department of
revenue, who shall then act upon the application for a Colorado certificate of title for such
vehicle or commercial vehicle.
(4) If the inspector determines that the vehicle identification number has been removed,
changed, altered, or obliterated or if the inspector has good and sufficient reason to believe
that the vehicle or commercial vehicle is wanted or was stolen in the state of Colorado or
another state, the inspector shall proceed according to the provisions of part 1 of this article.
Source: L. 94: Entire title amended with relocations, p. 2446, § 1, effective January 1,
1995. L. 2001: (2.5) added, p. 591, § 2, effective May 30.
42-5-203. Inspections - street rod vehicles. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2447, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1647, § 37, effective June 1. L. 2011: Entire
section repealed, (SB 11-031), ch. 86, p. 249, § 22, effective August 10.
Editor's note: This section was relocated to § 42-12-201 in 2011.
42-5-204. Inspection fees - vehicle number inspection funds. (1) (a) A fee of
twenty dollars shall be charged for each inspection performed pursuant to this part 2. Upon
payment of the fee, the owner of the vehicle or commercial vehicle inspected shall be issued
a receipt as evidence of payment.
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this subsection
(1), the executive director of the department of revenue by rule or as otherwise provided by
law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3),
C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the
fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the
executive director of the department of revenue by rule or as otherwise provided by law
may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(2) (a) All inspection fees collected by the Colorado state patrol shall be transmitted to
the state treasurer, who shall credit the same to the vehicle identification number inspection
fund, which fund is hereby created. The moneys in the fund shall be subject to annual
appropriation by the general assembly for the administration and enforcement of this article,
including the direct and indirect costs of the Colorado state patrol in performing inspections
pursuant to this part 2. The moneys in the fund shall not be transferred or credited to the
42-5-205 Vehicles and Traffic Title 42 - page 550
general fund or to any other fund; except that, at the end of each fiscal year, any unexpended
and unencumbered moneys remaining in the fund shall he credited to the general fund.
(b) All inspection fees collected by a law enforcement agency of a local government
shall be credited to a special fund in the office of the treasurer of the local government. Such
fund shall be separate and apart from the general fund of the local government and shall be
made available for use by the law enforcement agency for the administration and enforce-
ment of this part 2, including the training and certification of inspectors; except that the
governing body of the local government, acting by resolution or ordinance, may order that
the inspection fees be paid into the general fund of the local government.
Source: L. 94: Entire title amended with relocations, p. 2447, § 1, effective January 1,
1995. L. 98: (1) amended, p. 1359, § 114, effective June 1.
42-5-205. Assignment of a special vehicle identification number by the department
of revenue. (Repealed)
Source: L. 94: Entire tide amended with relocations, p. 2447, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1647, § 38, effective June 1. L. 2011: Entire
section repealed, (SB 11-031), ch. 86, p. 249, § 22, effective August 10.
Editor's note: This section was relocated to § 42-12-202 in 2011.
42-5-206. Certification of inspectors. (1) Except as otherwise provided in subsec-
tion (2) of this section, no peace officer shall be an inspector of vehicle identification
numbers unless the peace officer has been certified by the peace officers standards and
training board pursuant to section 24-31-303 (1) (e), C.R.S. In order to be certified, the
peace officer must satisfactorily complete a vehicle identification number inspection
training course approved by said board and pay a certification fee to the board not to exceed
twenty-five dollars. The cost of the training course shall include all necessary and actual
expenses but shall not exceed fifty dollars per peace officer.
(2) In lieu of the requirement for certification in subsection (1) of this section, any
peace officer shall be certified as an inspector of vehicle identification numbers if the peace
officer is able to demonstrate to the peace officers standards and training board that the
peace officer has had sixteen hours or more of vehicle identification number inspection
training which is acceptable to the board and which was received between January 1, 1986,
and January 1, 1988.
(3) The sheriff of any county and the police chief of any municipality may certify
individuals in addition to peace officers to serve as inspectors in accordance with the
provisions of this part 2. Such individuals shall be employees or bona fide representatives
of a county or municipality and shall satisfactorily complete fingerprint and background
checks. Such individuals must satisfactorily complete a vehicle identification number
inspection training course approved by the peace officers standards and training board and
pay a fee to the board for the cost of the certification not to exceed twenty-five dollars. The
cost of the training course shall include all necessary and actual expenses but shall not
exceed fifty dollars per individual.
Source: L. 94: Entire title amended with relocations, p. 2448, § 1, effective January 1,
1995. L. 95: (1) amended, p. 961, § 21, effective May 25. L. 2010: (3) added, (HB
10-1096), ch. 240, p. 1051, § 2, effective August 11.
42-5-207. Rules. The executive director of the department of revenue may adopt rules
necessary to implement this part 2.
Source: L. 94: Entire title amended with relocations, p. 2448, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1648, § 39, effective June 1.
Title 42 - page 551
Certificates of Title -
Used Motor Vehicle Sales
CERTIFICATES OF TITLE
ARTICLE 6
Certificates of Title -
Used Motor Vehicle Sales
Cross references: For liens on personal property, liens for services, and general mechanics' hens,
see articles 20, 21, and 22 of title 38.
PARTI
CERTIFICATES OF TITLE
42-6-101. Short title.
42-6-102. Definitions.
42-6-103. Application.
42-6-104. Administration.
42-6-105. Authorized agents.
42-6-106. Certificates of registration -
plates.
42-6-107. Certificates of title - contents.
42-6-108. Identification number - title -
street rod vehicles. (Re-
pealed)
42-6-108.5. Rebuilder's certificate of title.
(Repealed)
42-6-109. Sale or transfer of vehicle.
42-6-1 10. Certificate of title - transfer.
42-6- 111. Sale to dealers - certificate need
not issue.
42-6-112. Initial registration of a motor
vehicle - dealer responsibility
to timely forward certificate
of title to purchaser or holder
of a chattel mortgage.
42-6-113. New vehicles - bill of sale -
certificate of title.
42-6-114. Transfers by bequest, descent,
law.
42-6-115. Furnishing bond for certifi-
cates.
42-6-116. Applications for filing of cer-
tificates of title.
42-6-117. Filing of certificate.
42-6-118. Amended certificate.
42-6-119. Certificates for vehicles regis-
tered in other states.
42-6-120. Security interests upon motor
vehicles.
42-6-121. Filing of mortgage.
42-6-122. Disposition of mortgages by
agent.
42-6-123. Disposition after mortgaging.
42-6- 1 24. Disposition of certificates of ti-
tle.
42-6-125. Release of mortgages.
42-6-126. New certificate upon release of
mortgage - rules.
42-6-127. Duration of lien of mortgage -
extensions.
42-6-128. Validity of mortgage between
parties.
42-6-129. Second or other junior mort-
gages.
42-6-130. Priority of secured interests.
42-6-131. Mechanics', warehouse, and
other liens.
42-6-132. Existing mortgages not af-
fected. (Repealed)
42-6-133. Foreign mortgages and liens.
42-6-134. Where application for certifi-
cates of title made.
42-6-135. Lost certificates of title.
42-6-136. Surrender and cancellation of
certificate - penalty for viola-
tion.
42-6-137. Fees.
42-6-138. Disposition of fees.
42-6-139. Registration - where made.
42-6-140. Registration upon becoming
resident
42-6-141 . Director* s records to be public.
42-6-142. Penalties.
42-6-143. Altering or using altered certif-
icate.
42-6-144. False oath.
42-6-145. Use of vehicle identification
numbers in applications -
rules.
42-6-146. Repossession of motor vehicle
- owner must notify law en-
forcement agency - penalty.
42-6-147. Central registry - rules.
PART 2
USED MOTOR VEHICLE SALES
42-6-201.
Definitions.
42-6-202.
Prohibited acts.
42-6-203.
Penalty.
42-6-204.
Private civil action.
42-6-205.
Consumer protection.
42-6-206.
Disclosure requirements upon
transfer of ownership of a
salvage vehicle.
42-6-101
Vehicles and Traffic
Title 42 -page 552
PARTI
CERTIFICATES OF TITLE
Cross references: For certificates of title to mobile homes, see the "Titles to Manufactured Homes
Act", article 29 of tide 38.
42-6-101. Short title. This part 1 shall be known and may be cited as the "Certificate
of Tide Act".
Source: L. 94: Entire tide amended with relocations, p. 2448, § 1, effective January 1,
1995.
ANNOTATION
Law reviews. For article, "Certificate of Tide
Law Effective August 1st", see 26 Dicta 175
(1949). For article, "The New Colorado Chattel
Mortgage Act", see 38 Dicta 231 (1961). For
article, "Impact of the Uniform Commercial
Code on Colorado Law", see 42 Den. L. Ctr. J.
67 (1965). For article, "Oil and Gas Financing
Under the Uniform Commercial Code as En-
acted in Colorado", see 43 Den. L J. 129 (1966).
The object of the "certificates of title act"
is to make transfer of tide easier and less vul-
nerable from the attendant risks of stolen cars
and secret liens. Loye v. Denver United States
Nat'l Bank, 341 F.2d 402 (10th Cir. 1965);
Doenges-Glass, Inc. v. GMAC, 175 Colo. 518,
488 P.2d 879 (1971).
Provisions mandatory and strict compli-
ance required. These provisions are more than
merely administrative, they are mandatory. Un-
less strict compliance with the statute is made,
no interest or any right of any kind can be
transferred. Rabtoay Gen. Tire Co. v. Colo.
Kenworth Corp., 135 Colo. 110, 309 P.2d 616
(1957); Amarillo Auto Auction, Inc. v. Hutchin-
son, 135 Colo. 320, 310 P.2d 715 (1957).
Applied in In re Tanke, 4 Bankr. 339 (Bankr.
D. Colo. 1980).
42-6-102. Definitions. As used in this part 1, unless the context otherwise requires:
( 1 ) "Authorized agents'* means the county clerk and recorder in each of the counties of
the state, including the city and county of Broomfield, and the manager of revenue or such
other official of the city and county of Denver as may be appointed by the mayor to perform
functions related to the registration of motor vehicles.
(2) "Dealer" means any person, firm, partnership, corporation, or association licensed
under the laws of this state to engage in the business of buying, selling, exchanging, or
otherwise trading in motor vehicles.
(3) "Department" means the department of revenue.
(4) "Director" means the executive director of the department of revenue.
(5) (a) "Electronic record" means a record generated, created, communicated, re-
ceived, sent, or stored by electronic means.
(b) A record covered by this article may not be denied legal effect, validity, or
enforceability solely because it is in the form of an electronic record. Except as otherwise
provided in this article, if a rule of law requires a record to be in writing or provides
consequences if it is not, an electronic record satisfies that rule of law.
(6) "File" means the creation of or addition to an electronic record maintained for a
certificate of tide by the director or an authorized agent of the director, as defined in section
42-6-105.
(6.5) "Kit vehicle" means a passenger-type motor vehicle assembled, by other than a
licensed manufacturer, from a manufactured kit that includes a prefabricated body and
chassis and is accompanied by a manufacturer's statement of origin.
(7) "Lien" means a security interest in a motor vehicle under article 9 of tide 4, C.R.S.,
and this article.
(8) "Manufacturer" means a person, firm, partnership, corporation, or association
engaged in the manufacture of new motor vehicles, trailers, or semitrailers.
(9) "Mortgage" or "chattel mortgage" means a security agreement as defined in
section 4-9-102 (76), C.R.S.
Title 42 - page 553 Certificates of Title - 42-6-102
Used Motor Vehicle Sales
(10) "Motor vehicle** means any self-propelled vehicle that is designed primarily for
travel on the public highways and is generally and commonly used to transport persons and
property over the public highways, including trailers, semitrailers, and trailer coaches,
without motive power. "Motor vehicle*' does not include the following:
(a) A low-power scooter, as defined in section 42-1-102;
(b) A vehicle that operates only upon rails or tracks laid in place on the ground or that
travels through the air or that derives its motive power from overhead electric lines;
(c) A farm tractor, farm trailer, and any other machines and tools used in the production,
harvesting, and care of farm products; or
(d) Special mobile machinery or industrial machinery not designed primarily for
highway transportation.
(11) "New vehicle'* means a motor vehicle being transferred for the first time from a
manufacturer or importer, or dealer or agent of a manufacturer or importer, to the end user
or customer. A motor vehicle that has been used by a dealer for the purpose of demonstra-
tion to prospective customers shall be considered a "new vehicle** unless such demonstra-
tion use has been for more than one thousand five hundred miles. Motor vehicles having a
gross vehicle weight rating of sixteen thousand pounds or more shall be exempt from mis
definition.
(12) "Owner** means a person or firm in whose name the title to a motor vehicle is
registered.
(13) "Person** means natural persons, associations of persons, firms, limited liability
companies, partnerships, or corporations.
(14) "Record** means information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in a perceivable form.
(15) "Roadworthy** means a condition in which a motor vehicle has sufficient power
and is fit to operate on the roads and highways of this state after visual inspection by
appropriate law enforcement authorities. In order to be roadworthy, such vehicle, in accord
with its design and use, shall have all major parts and systems permanently attached and
functioning and shall not be repaired in such a manner as to make the vehicle unsafe. For
purposes of this subsection (15), "major parts and systems*' shall include, but not be limited
to, the body of a motor vehicle with related component parts, engine, transmission, tires,
wheels, seats, exhaust, brakes, and all other equipment required by Colorado law for the
particular vehicle.
(15.5) (a) "Rolling chassis** means that:
(I) For a motorcycle, the motorcycle has a frame, a motor, front forks, a transmission,
and wheels;
(II) For a motor vehicle that is not a motorcycle, the motor vehicle has a frame, a body,
a suspension, an axle, a steering mechanism, and wheels.
(b) Nothing in this subsection (15.5) shall be construed to require any listed parts to be
operable, in working order, or roadworthy.
(16) "Salvage certificate of tide** means a document issued under the authority of the
director to indicate ownership of a salvage vehicle.
(17) (a) "Salvage vehicle** means a vehicle that is damaged by collision, fire, flood,
accident, trespass, or other occurrence, excluding hail damage, to the extent that the cost of
repairing the vehicle to a roadworthy condition and for legal operation on the highways
exceeds the vehicle* s retail fair market value immediately prior to such damage, as
determined by the person who owns the vehicle at the time of such occurrence or by the
insurer or other person acting on behalf of such owner.
(b) In assessing whether a vehicle is a "salvage vehicle** under this section, the retail
fair market value shall be determined by reference to sources generally accepted within the
insurance industry including price guide books, dealer quotations, computerized valuation
services, newspaper advertisements, and certified appraisals, taking into account the con-
dition of the vehicle prior to the damage. When assessing the repairs, the assessor shall
consider the actual retail cost of the needed parts and the reasonable and customary labor
rates for needed labor.
(c) This subsection (17) shall not apply to a vehicle whose model year of manufacture
is six years or older at the time of damage.
42-6-103
Vehicles and Traffic
Title 42 -page 554
(18) "Signature** means either a written signature or an electronic signature.
(19) "State** includes the territories and the federal districts of the United States.
(20) "Street rod vehicle** means a vehicle manufactured in 1948 or earlier with a body
design that has been modified for safe road use, including, but not limited to, modifications
of the drive train, suspension, and brake systems, modifications to the body through the use
of materials such as steel or fiberglass, and modifications to any other safety or comfort
features.
(21) "Transfer by inheritance*' means the transfer of ownership after the death of an
owner by means of a will, a written statement, a list as described in section 15-11-513,
C.R.S., or upon lawful descent and distribution upon the death intestate of the owner of the
vehicle.
(22) "Used vehicle'* means a motor vehicle that has been sold, bargained, exchanged,
or given away, or has had the title transferred from the person who first took title from the
manufacturer or importer, dealer, or agent of the manufacturer or importer, or has been so
used as to have become what is commonly known as a secondhand motor vehicle. A motor
vehicle that has been used by a dealer for the purpose of demonstration to prospective
customers shall be considered a "used vehicle** if such demonstration use has been for more
than one thousand five hundred miles.
(23) "Vehicle** means any motor vehicle as defined in subsection (10) of this section.
Source: L. 94: Entire title amended with relocations, p. 2448, § 1, effective January 1,
1995. L. 97: (8) and (16) amended, p. 557, § 1, effective August 6. L. 2000: (4.2), (4.4),
(10.5), and (13.5) added, p. 1656, § 1, effective July 1, 2001. L. 2001: (1) amended, p. 272,
§ 25, effective November 15. L. 2003: (1) amended, p. 565, § 11, effective July 1.
L. 2004: (13) amended, p. 932, § 2, effective July 1. L. 2005: Entire section amended, p.
806, § 1, effective August 8. L. 2006: (15.5) added, p. 952, § 2, effective August 7; (6.5)
added, p. 1412, § 3, effective July 1, 2007. L. 2009: (10) amended, (HB 09-1026), ch. 281,
p. 1285, § 65, effective October 1. L. 2010: (10)(d) amended, (HB 10-1172), ch. 320, p.
1493, § 17, effective October 1.
ANNOTATION
Law reviews. For article, "Heads: Lex Loci
Delicti; Tails: Lex Loci Domicile — The Con-
flict of Laws Coin on Edge — First National
Bank v. Rostek", see 51 Den. L.J. 567 (1974).
For article, "A Positive but Uncertain Step For-
ward for Choice Law Problems in Colorado:
The Rostek Decision", see 51 Den. LJ. 587
(1974). For article, "Oil and Gas Financing
Under the Uniform Commercial Code as En-
acted in Colorado", see 43 Den. LJ. 129 (1966).
This section defines a conditional sales con-
tract as a chattel mortgage. First Sec. Bank v.
Crouse, 374 F.2d 17 (10th Cir. 1967).
Subsection (10) includes in the definition of
"motor vehicles" trailers and trailer coaches.
State ex rel. Dept. of Rev. v. Modern Trailer
Sales, Inc., 175 Colo. 296, 486 P.2d 1064 (1971)
(decided under former law).
Applied in First Nat'l Bank v. Chuck Lowen,
Inc., 128 Colo. 104, 261 P.2d 158 (1953).
42-6-103. Application. The provisions of this part 1 shall apply to motor vehicles as
defined in section 42-6-102.
Source: L. 94: Entire title amended with relocations, p. 2450, § 1, effective January 1,
1995.
42-6-104. Administration. The director is charged with the duty of administering this
part 1. For that purpose the director is vested with the power to make such reasonable rules
and require the use of such forms and procedures as are reasonably necessary for the
efficient administration of this part 1.
Source: L. 94: Entire title amended with relocations, p. 2450, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 809, § 2, effective August 8.
Cross references: For rule-making procedures, see article 4 of tide 24.
Title 42 - page 555 Certificates of Title - 42-6-106
Used Motor Vehicle Sales
ANNOTATION
Applied in Colorado Auto & Truck Wreckers
Ass'n v. Dept. of Rev., 618 P.2d 646 (Colo.
1980).
42-6-105. Authorized agents. The county clerk and recorder in each of the counties of
the state, including the city and county of Broomfield, and the manager of revenue or such
other official of the city and county of Denver as may he appointed by the mayor to perform
functions related to the registration of motor vehicles is designated to be the authorized
agent of the director and, under the direction of the director, is charged with the adminis-
tration of this part 1 and the rules that may be adopted for the administration of this part 1
in the county where the authorized agent holds office.
Source: L. 94: Entire title amended with relocations, p. 2451, § 1, effective January 1,
1995. L. 2001: Entire section amended, p. 272, § 26, effective November 15. L. 2003:
Entire section amended, p. 566, § 12, effective July 1. L. 2005: Entire section amended,
p. 809, § 3, effective August 8.
42-6-106. Certificates of registration - plates. (1) No certificate of registration or
license plates shall be issued for a motor vehicle by the director or an authorized agent
except in the following cases:
(a) The applicant exhibits to the director or the authorized agent, or the director or the
authorized agent has on file, an official Colorado certificate of title for such vehicle in which
it appears that the applicant is the owner of the vehicle sought to be registered and licensed
(b) The applicant submits satisfactory evidence to the director or the authorized agent
that an official Colorado certificate of title to such motor vehicle has been issued or is on
file or from which it otherwise appears that the applicant is the owner of the vehicle sought
to be registered and licensed. Any evidence submitted to the director or the authorized agent
may be maintained in a paper or electronic version.
(c) The applicant applies for an official certificate of title for such motor vehicle
pursuant to section 42-6-116.
(d) A member of the armed forces of the United States has purchased a vehicle in a
foreign country and registered such vehicle in accordance with the directives of the
department of defense of the United States government and is unable to supply proof of
ownership in the form customarily required by this state and evidence of ownership is
supplied by submitting an executed document prescribed by the secretary of defense
concerning the vehicle and authenticated by an officer of the armed forces who has authority
to administer oaths under 10 U.S.C. sec. 936.
(e) (I) The vehicle is a commercial vehicle that is registered as part of a fleet based in
Colorado and is leased from the owner of such vehicle;
(II) The owner of the commercial vehicle is not a resident of Colorado; and
(III) The applicant applies for apportioned registration pursuant to article 3 of this title
and provides the following to the director or authorized agent:
(A) A copy of a current registration or a copy of a current title for such vehicle from
a foreign jurisdiction; and
(B) A copy of a lease agreement between the owner and the applicant.
Source: L. 94: Entire title amended with relocations, p. 2451, § 1, effective January 1,
1995. L. 2000: (l)(a) and (l)(b) amended, p. 1656, § 2, effective July 1, 2001. L. 2002:
(l)(e) added, p. 3, § 1, effective August 7. L. 2005: Entire section amended, p. 809, § 4,
effective August 8.
42-6-107
Vehicles and Traffic
ANNOTATION
Title 42 - page 556
Applied in Jack Kent Cadillac, Inc. v. District
Court, 198 Colo. 403, 601 P.2d 626 (1979).
42-6-107. Certificates of title - contents. (1) (a) All certificates of title to motor
vehicles issued under this part 1 shall be mailed to the applicant, except as provided in
section 42-6-124, and information appearing and concerning the issuance thereof shall be
retained by the director and appropriately indexed and filed in the director's office. Such
certificates may be electronic records pursuant to rules adopted by the director and, in
addition to other information that the director may by rule require, shall contain the make
and model of the motor vehicle for which the certificate is issued or the record is created,
where such information is available, together with the motor and any serial number of the
vehicle, and a description of such other marks or symbols as may be placed upon the vehicle
by the vehicle manufacturer for identification purposes. The year that is listed on the
certificate of title of a kit vehicle shall be the year of manufacture of the kit from which the
vehicle was assembled, as indicated in the manufacturer's statement of origin.
(b) The department may require those vehicle-related entities specified by regulation to
verify information concerning a vehicle through the physical inspection of such vehicle.
The information required to be verified by such a physical inspection shall include the
vehicle identification number or numbers, the make of vehicle, the vehicle model, the type
of vehicle, the year of manufacture of such vehicle, the type of fuel used by such vehicle,
the odometer reading of such vehicle, and such other information as may be required by the
department. For the purposes of this paragraph (b), "vehicle-related entity" means an
authorized agent or designated employee of such agent, a Colorado law enforcement officer,
a licensed Colorado dealer, a licensed inspection and readjustment station, or a licensed
diesel inspection station.
(2) The electronic record of the certificate or the paper version of the certificate shall
contain a description of every lien to which the motor vehicle is subject, as appears in the
application for the certificate of title or as is noted and shown to be unreleased upon a
certificate of title issued after August 1, 1949, for such vehicle, including the date of such
lien, the original amount secured by the vehicle, the named lienee, and the county in which
the lien appears of record if it is of public record. The certificates and electronic records
shall be numbered consecutively by counties, beginning with number one. The certificate of
title filed with the authorized agent shall be prima facie evidence of the contents of the
record and that the person in whose name the certificate is registered is the lawful owner of
the vehicle. Except as provided in section 42-6-118, said certificate shall be effective after
filing until the vehicle described in the record is sold or ownership is otherwise transferred.
Source: L. 94: Entire title amended with relocations, p. 2451, § 1, effective January 1,
1995. L. 2000: (l)(a) and (2) amended, p. 1657, § 3, effective July 1, 2001. L. 2001:
(l)(b) amended, p. 591, § 4, effective May 30. L. 2005: Entire section amended, p. 810,
§ 5, effective August 8. L. 2006: (l)(a) amended, p. 1412, § 4, effective July 1, 2007.
ANNOTATION
Law reviews. For note, "The Effect of Cer-
tificate of Title acts on Foreign Auto Liens", see
29 Rocky Mt. L. Rev. 384 (1957). For comment
on Federico v. Universal C.I.T. Credit Corp.,
140 Colo. 145, 343 P.2d 830 (1959), appearing
below, see 32 Rocky Mt. L. Rev. 89 (1959).
The certificate of title shall be prima facie
evidence of the matters contained therein
(e.g. liens) and that the person in whose name
the certificate is registered is the lawful owner.
Doenges-Glass, Inc. v. GMAC, 175 Colo. 518,
488 P.2d 879 (1971).
This part is a recording act by which prior
interests can be ascertained and protected. Nev-
ertheless, the certificate of title is only prima
facie evidence of all matters therein contained.
Siruentes v. Weed, 186 Colo. 109, 525 P.2d 1157
(1974).
A certificate of title shall be prima facie
evidence of the matters contained therein; a
certificate of registration is presumptive evi-
dence of ownership of an automobile, but the
presumption is rebuttable. A certificate of title
does not represent conclusive proof of owner-
Title 42 - page 557
Certificates of Title -
Used Motor Vehicle Sales
42-6-109
ship. To overcome this presumption, a debtor
must demonstrate that title alone does not deter-
mine ownership. Hill v. Koching, 338 B.R. 463
(Bankr. D. Colo. 2005).
Issuance of the title certificate to a repos-
sessor involves no deprivation of due process
as contemplated by the fourteenth amendment
or state constitution. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
Regulation of possible abuse is legislative
matter. It may be that repossession of automo-
biles or any other property sold on time payment
with an express agreement permitting such re-
possession without notice may be resulting in
great abuses, and controls are needed. If so, the
regulation of this abuse is a matter for the gen-
eral assembly, not the courts. Sifuentes v. Weed,
186 Colo. 109, 525 P.2d 1157 (1974).
Activity of the director of revenue in the
issuance of a new title to a repossessor of a
motor vehicle is strictly limited to the minis-
terial duty of providing prima facie evidence of
what has already occurred by purely private
action, namely, the transfer of title from the
debtor to the creditor in a manner specifically
provided for by their agreement. It does not in
any meaningful way involve the director in the
repossession and subsequent transfer of owner-
ship to the repossessor. Sifuentes v. Weed, 186
Colo. 109, 525 P.2d 1157 (1974).
This section does not serve to purge a title
of prior defects but simply gives it a prima
facie standing. Federico v. Universal C.I.T.
Credit Corp., 140 Colo. 145, 343 P.2d 830
(1959); Avis Rent-A-Car Sys. v. Woefel, 155
Colo. 207, 393 P.2d 551 (1964).
42-6-108. Identification number - title - street rod vehicles. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2452, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1648, § 40, effective June 1. L. 2005: Entire
section amended, p. 811, § 6, effective August 8. L. 2011: Entire section repealed, (SB
11-031), ch. 86, p. 249, § 22, effective August 10.
Editor's note: This section was relocated to § 42-12-203 in 2011.
42-6-108.5. Rebuilder's certificate of title. (Repealed)
Source: L. 2006: Entire section added, p. 950, § 1, effective August 7. L. 2011: Entire
section repealed, (SB 11-031), ch. 86, p. 249, § 22, effective August 10.
Editor's note: This section was relocated to § 42-12-102 in 2011.
42-6-109. Sale or transfer of vehicle. (1) Except as provided in section 42-6-1 13, a
person shall not sell or otherwise transfer a motor vehicle to a purchaser or transferee
without delivering to the purchaser or transferee a certificate of title to the vehicle duly
transferred in the manner prescribed in section 42-6-110. Except as provided in subsection
(2) of this section, the certificate of title may be in an electronic format. Except as provided
in section 42-6-115, no purchaser or transferee shall acquire any right, tide, or interest in
and to a motor vehicle purchased by the purchaser or transferee unless and until he or she
obtains from the transferor the certificate of title duly transferred in accordance with this
part 1. A lienholder may request either a paper or electronic version of a certificate of tide.
(2) Except as provided in section 42-6-115, a paper copy of a certificate of tide is
necessary for any transaction in which:
(a) Either party to the transaction is located outside Colorado; or
(b) The purchaser pays for a motor vehicle entirely with cash.
Source: L. 94: Entire tide amended with relocations, p. 2453, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1658, § 4, effective July 1, 2001. L. 2005:
Entire section amended, p. 811, § 7, effective August 8. L. 2012: Entire section amended,
(SB 12-095), ch. 112, p. 388, § 2, effective August 8.
Editor's note: (1) This section is similar to former § 42-6-108 as it existed prior to 1994, and
the former § 42-6-109 was relocated to § 42-6-110.
(2) Section 4 of chapter 112, Session Laws of Colorado 201 2, provides that the act amending this
section applies to applications for certificates of tide made on or after August 8, 2012.
42-6-109
Vehicles and Traffic
Title 42 - page 558
Cross references: For the legislative declaration in the 2012 act amending this section, see section
1 of chapter 112, Session Laws of Colorado 2012.
ANNOTATION
Law reviews. For comment on Codding v.
Jackson, 132 Colo. 320, 287 P.2d 976 (1955),
appearing below, see 28 Rocky Mt. L. Rev. 266
(1956).
Annotator's note. Since § 42-6-109 is sim-
ilar to § 42-6-108 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
To the extent this section and § 16-13-101,
et seq., are inconsistent in the context of civil
forfeiture proceedings, the specific provisions
contained in the forfeiture statute prevail and the
timing of the delivery of the certificate of title
was not dispositive. People v. One 1968 Chev-
rolet 2-Door, 895 P.2d 1177 (Colo. App. 1995)
(decided under law in effect prior to 1994
amendment and relocation).
Purpose of this section is to insure that pur-
chasers of automobiles, whether individual citi-
zens or dealers, as well as lenders who finance
automobile purchases, can readily and reliably
ascertain the status of the seller's title to the
automobile without recourse to other official
state records. Guy Martin Buick, Inc. v. Colo.
Springs Nat'l Bank, 184 Colo. 166, 519 P.2d
354 (1974).
The purpose of this section and § 42-6-109
is to require the certification of tide to motor
vehicles so as to disclose the rights of third
persons for enforceability purposes. United Fire
& Cas. Co. v. Perez, 161 Colo. 31, 419 P.2d 663
(1966); Randall v. Carroll, 30 Colo. App. 45,
488 P.2d 250 (1971).
Intent of section. This section is intended to
hold in abeyance both the seller's power to
transfer and the purchaser's right to receive any
right, title, or interest in the automobile to be
sold until such time as the certificate of title is
delivered to the purchaser. Guy Martin Buick,
Inc. v. Colo. Springs Nat'l Bank, 184 Colo. 166,
519 P.2d 354 (1974).
The statutes are designed to provide a
method whereby the licensing authorities
may check and control the chain of title as it
passes from one private purchaser to another, to
the end that bogus or illegal transactions may
more easily be detected. Codding v. Jackson,
132 Colo. 320, 287 P.2d 976 (1955).
The provisions governing transfer of title
to motor vehicles are mandatory. Codding v.
Jackson, 132 Colo. 320, 287 P.2d 976 (1955);
Amarillo Auto Auction, Inc. v. Hutchinson, 135
Colo. 320, 310 P.2d 715 (1957); Bill Dreiling
Motor Co. v. St. Paul Fire & Marine Ins., 28
Colo. App. 318, 472 P.2d 153 (1970).
Unless strict compliance with the statute is
made, no interest or right of any kind can be
transferred. Codding v. Jackson, 132 Colo.
320, 287 P. 2d 976 (1955); Amarillo Auto Auc-
tion, Inc. v. Hutchinson, 135 Colo. 320, 310P.2d
715 (1957); Bill Dreiling Motor Co. v. St. Paul
Fire & Marine Ins., 28 Colo. App. 318, 472 P.2d
153 (1970).
Upon transfer of a vehicle, the transferee
must obtain a certificate of title in order to
obtain any enforceable rights to the vehicle. Bill
Dreiling Motor Co. v. St. Paul Fire & Marine
Ins., 28 Colo. App. 318, 472 P.2d 153 (1970).
Provisions provide manner in which right,
title, or interest may be transferred. The pro-
visions of the motor vehicle code provide the
sole and exclusive manner in which the legal
tide, as well as any right, title, or interest in a
motor vehicle may be transferred, sold, or as-
signed. Codding v. Jackson, 132 Colo. 320, 287
P.2d 976 (1955).
Unless a purchaser complies with the stat-
ute, he cannot be considered a purchaser in
good faith. Codding v. Jackson, 132 Colo. 320,
287 P.2d 976 (1955).
Certificate of title act does not defeat in-
surable interest when the purchasers do every-
thing they can to comply with its provisions, but
the statutory protection fails when the vehicle is
stolen and its identification number changed.
Webb v. M.F.A. Mut. Ins. Co., 44 Colo. App.
210, 620 P.2d 38 (1980).
Nondelivery of the certificate of title does
not prevent change of ownership as between
the parties to the transaction. United Fire &
Cas. Co. v. Perez, 161 Colo. 31, 419 P.2d 663
(1966); Waggoner v. Wilson, 31 Colo. App. 518,
507 P.2d 482 (1972).
Failure to deliver certificate of title does not
prevent acquisition of ownership rights as be-
tween the parties to the transaction. Colo. Auto
& Truck Wreckers Ass'n v. Dept. of Rev., 618
P.2d 646 (Colo. 1980).
Failure to have a certificate of title issued
does not defeat the contractual rights of the
seller. Randall v. Carroll, 30 Colo. App. 45, 488
P.2d 250 (1971).
This section and § 42-6-109 do not control
the results of an action brought for damages
for breach of contract between the original
parties to the transaction. Randall v. Carroll, 30
Colo. App. 45, 488 P.2d 250 (1971).
Purchaser without certificate takes subject
to rights of valid prior mortgages. The pur-
chaser of a motor vehicle other than from a
dealer as defined in § 42-6-102 without delivery
of certificate of tide takes subject to rights of
Title 42 -page 559
Certificates of Title -
Used Motor Vehicle Sales
42-6-110
valid prior mortgages. First Natl Bank v. Chuck
Lowen, Inc., 128 Colo. 104, 261 P.2d 158
(1953).
Purchaser acquired voidable title when
certificates delivered to bank as security for
bank's loan to purchaser. See Guy Martin
Buick, Inc. v. Colo. Springs Nat'l Bank, 184
Colo. 166, 519 P.2d 354 (1974).
Showing of mortgages on title certificates.
The mobility of motor vehicles and their fre-
quent sale in states far distant from the county of
the mortgage filing has resulted in a new method
of protection by means of showing mortgages
on the title certificate, which can be carried with
the car, rather than by record in the files of a
distant and probably unknown county. Under the
policy of our law the requisite of clear title is the
possession of a certificate free of lien. Title
depends on receipt of such a certificate, and
ignorance of mortgages must be proven by the
certificate. First Nat'l Bank v. Chuck Lowen,
Inc., 128 Colo. 104, 261 P.2d 158 (1953); Loye
v. Denver United States Nat'l Bank, 431 F.2d
402 (10th Cir. 1965).
A title to an automobile does not vest im-
mediately upon an assignment of the old cer-
tificate. Codding v. Jackson, 132 Colo. 320, 287
P.2d 976 (1955).
This section must be construed with $ 42-
6-131. Under § 42-6-131, the recognition of a
foreign mortgage in Colorado depends not upon
its being filed for record, but upon its appearing
on the certificate of tide. That section must be
construed together with this section which pro-
vides that except in cases not here applicable no
person shall sell a motor vehicle without deliv-
ering a certificate of tide and that no purchaser
shall acquire any right, tide, or interest in a
motor vehicle unless he shall first obtain from
the transferor the certificate of tide thereto. By
virtue of that section, on failure of an out-of-
state dealer to deliver such certificate, whether
because it showed a mortgage on its face or
because it was deposited with the mortgagee, the
purchaser could acquire no tide as against prior
mortgagees, and his rights are subordinate to
such as are valid. First Nat'l Bank v. Chuck
Lowen, Inc., 128 Colo. 104, 261 P.2d 158
(1953); Federico v. Universal C.I.T. Credit
Corp., 140 Colo. 145, 343 P.2d 830 (1959).
Exception to section. Section 42-6-134 is an
exception to the tide transfer requirements of
this section and § 42-6-109. Colo. Auto &
Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d
646 (Colo. 1980).
42-6-110. Certificate of title - transfer. (1) Upon the sale or transfer of a motor
vehicle for which a certificate of tide has been issued or filed, the person in whose name the
certificate of tide is registered, if such person is other than a dealer, shall execute a formal
transfer of the vehicle described in the certificate. Such transfer shall be affirmed by a
statement signed by the person in whose name the certificate of tide is registered or by such
person's authorized agent or attorney and shall contain or be accompanied by a written
declaration that it is made under the penalties of perjury in the second degree, as defined in
section 18-8-503, C.R.S. The purchaser or transferee, within sixty days thereafter, shall
present such certificate, together with an application for a new certificate of tide, to the
director or one of the authorized agents, accompanied by the fee required in section
42-6-137 to be paid for the filing of a new certificate of title; except that, if no tide can be
found and the motor vehicle is not roadworthy, the purchaser or transferee may wait until
twenty-four months after the motor vehicle was purchased to apply for a certificate of tide.
(2) A person who violates subsection (1) of this section is guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not less than ten dollars nor more than five
hundred dollars, or by imprisonment in the county jail for not less than ten days nor more
than six months, or by both such fine and imprisonment
Source: L. 94: Entire tide amended with relocations, p. 2453, § 1, effective January 1,
1995. L. 2000: (1) amended, p. 1658, § 5, effective July 1, 2001. L. 2005: Entire section
amended, p. 812, § 8, effective August 8. L. 2009: (1) amended, (SB 09-107), ch. 143, p.
606, § 1, effective August 5.
Editor's note: This section is similar to former § 42-6-109 as it existed prior to 1994, and the
former § 42-6-110 was relocated to § 42-6-111.
ANNOTATION
Law reviews. For article, "A Revision of
Statutes for Colorado", see 28 Dicta 165 (1951).
For comment on Codding v. Jackson, 132 Colo.
320, 287 P.2d 976 (1955), appearing below, see
28 Rocky Mt. L. Rev. 266 (1956).
Annotator's note. Since § 42-6-110 is sim-
42-6-111
Vehicles and Traffic
Title 42 -page 560
ilar to § 42-6-109 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
Purpose of section is to disclose rights of
third persons. The purpose of this section and
§ 42-6-108 is to require the certification of tide
to motor vehicles so as to disclose the rights of
third persons for enforceability purposes. Ran-
dall v. Carroll, 30 Colo. App. 45, 488 P.2d 250
(1971).
Provisions provide manner in which right,
title, and interest may be transferred. The
provisions of the motor vehicle code provide the
sole and exclusive manner in which the legal
tide, as well as any right, tide, or interest in a
motor vehicle may be transferred, sold, or as-
signed. Codding v. Jackson, 132 Colo. 320, 287
P.2d 976 (1955).
The provisions of the statute governing
transfer of title to motor vehicles are manda-
tory. Codding v. Jackson, 132 Colo. 320, 287
P.2d 976 (1955); Bill Dreiling Motor Co. v. St.
Paul Fire & Marine Ins., 28 Colo. App. 318, 472
P.2d 153 (1970).
Unless strict compliance with the statute is
made, no interest or right of any kind can be
transferred. Codding v. Jackson, 132 Colo.
320, 287 P.2d 976 (1955); Bill Dreiling Motor
Co. v. St. Paul Fire & Marine Ins., 28 Colo. App.
318, 472 P.2d 153 (1970).
Unless a purchaser complies with the stat-
ute, he cannot be considered a purchaser in
good faith. Codding v. Jackson, 132 Colo. 320,
287 P.2d 976 (1955).
Because a method employed by a defen-
dant in "jumping title" contrary to the statutes
leaves him in no position to make a claim as an
innocent purchaser for value. Codding v. Jack-
son, 132 Colo. 320, 287 P.2d 976 (1955).
Failure to deliver certificate of title does
not prevent acquisition of ownership rights as
between the parties to the transaction. Colo-
rado Auto & Truck Wreckers Ass'n v. Dept. of
Rev., 618 P.2d 646 (Colo. 1980).
A title to an automobile does not vest im-
mediately upon an assignment of the old cer-
tificate. Codding v. Jackson, 132 Colo. 320, 287
P.2d 976 (1955).
Requirements for divestment of ownership
and possession. Where a party executes a for-
mal transfer of tide by subscribing his name
before a notary public at a bank, and then de-
livers the tide and possession of the vehicle
upon receipt of the funds, he completely divests
himself of ownership of the vehicle and any
right to possession thereof. People v. Armijo,
197 Colo. 91, 589 P.2d 935 (1979).
An endorsement in blank of a certificate of
title to a motor vehicle gives an immediate
transferee the implied authority to insert his
name as the purchaser, and its transferability is
limited to the surrender thereof to the proper
licensing authority for the purpose of issuing a
new certificate to such transferee. Codding v.
Jackson, 132 Colo. 320, 287 P.2d 976 (1955).
Certificates of title not negotiable. To safe-
guard the rights and interests of owners against
imposters, it is clear the general assembly in-
tended to deprive certificates of tide of negotia-
bility in its accepted meaning. Codding v. Jack-
son, 132 Colo. 320, 287 P.2d 976 (1955).
Section 42-6-108 and this section do not
control the results of an action brought for
damages for breach of contract between the
original parties to the transaction. Randall v.
Carroll, 30 Colo. App. 45, 488 P.2d 250 (1971).
Exception to section. Section 42-6-134 is an
exception to the tide transfer requirements of
this section and § 42-6-108. Colorado Auto &
Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d
646 (Colo. 1980).
Applied in Morrison v. Droll, 41 Colo. App.
354, 588 P.2d 383 (1978).
42-6-111. Sale to dealers - certificate need not issue. (1) Upon the sale or transfer
to a dealer of a motor vehicle for which a Colorado certificate of tide has been issued, the
certificate of tide to the motor vehicle shall be transferred and filed; except that, so long as
the vehicle remains in the dealer* s possession and at the dealer's place of business for sale
and for no other purpose, such dealer shall not be required to procure or file a new certificate
of tide as is otherwise required in this part 1.
(2) If a motor vehicle dealer wishes to obtain a new certificate of tide to a motor
vehicle, such dealer may present the old certificate of tide to the director with the fee
imposed by section 42-6-137 (6), whereupon, the director shall issue a new certificate of
tide to such dealer within one working day after application. This subsection (2) shall not
apply to a motor vehicle subject to a lien.
(3) (a) A wholesale motor vehicle auction dealer who does not buy, sell, or own the
motor vehicles transferred at auction shall disclose the identity of the wholesale motor
vehicle auction dealer, the date of the auction, and the license number of the auction on a
form and in a manner prescribed by the executive director. A wholesale motor vehicle
auction dealer does not become an owner by reason of such disclosure nor as a result solely
of the guarantee of tide, guarantee of payment, or reservation of a security interest.
Title 42 - page 561 Certificates of Title - 42-6-113
Used Motor Vehicle Sales
(b) A wholesale motor vehicle auction dealer may buy or sell motor vehicles at
wholesale in such dealer' s own name and, in such instances, shall comply with the
provisions of this part 1 applicable to dealers, including licensing.
Source: L. 94: Entire tide amended with relocations, p. 2453, § 1, effective January 1,
1995. L. 2000: (1) and (3)(a) amended, p. 1658, § 6, effective July 1, 2001. L. 2005:
Entire section amended, p. 812, § 9, effective August 8.
Editor's note: This section is similar to former § 42-6-110 as it existed prior to 1994, and the
former § 42-6-111 was relocated to § 42-6-113.
ANNOTATION
Annota tor's note. Since § 42-6-111 is simi- concerning registration of motor vehicles are
lar to § 42-6-110 as it existed prior to the 1994 regulatory measures and nothing therein pur-
amending of title 42 as enacted by SB 94-1, a ports to affect property rights. Waterman v.
relevant case construing that provision has been Colo. Lease & In v. Co., 130 Colo. 305, 275 P.2d
included with the annotations to this section. 191 (1954).
Provisions are regulatory and do not affect
property rights. The provisions of the statutes
42-6-112. Initial registration of a motor vehicle - dealer responsibility to timely
forward certificate of title to purchaser or holder of a chattel mortgage. In order to
facilitate initial registration of a vehicle, a dealer of motor vehicles shall have not more than
thirty days after the date of sale of such vehicle to deliver or facilitate the delivery of the
certificate of title to a purchaser or the holder of a chattel mortgage on such motor vehicle,
subject to section 42-6-109.
Source: L. 94: Entire tide amended with relocations, p. 2454, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 813, § 10, effective August 8.
Editor's note: This section is similar to former § 42-6-110.5 as it existed prior to 1994, and the
former § 42-6-112 was relocated to § 42-6-114.
42-6-113. New vehicles • bill of sale - certificate of title. Upon the sale or transfer by
a dealer of a new motor vehicle, such dealer shall, upon delivery, make, execute, and deliver
to the purchaser or transferee a sufficient bill of sale and the manufacturer's certificate of
origin. The bill of sale shall be affirmed by a statement signed by such dealer, shall contain
or be accompanied by a written declaration that it is made under the penalties of perjury in
the second degree, as defined in section 18-8-503, C.R.S., shall be in such form as the
director may require, and shall contain, in addition to other information that the director
may by rule require, the make and model of the motor vehicle so sold or transferred, the
identification number placed upon the vehicle by the manufacturer for identification
purposes, the manufacturer's suggested retail price, and the date of the sale or transfer,
together with a description of any mortgage or lien on the vehicle that secures any part of
the purchase price. Upon presentation of such a bill of sale to the director or an authorized
agent, a new certificate of title for the vehicle described in the bill of sale shall be filed A
new motor vehicle that is used by a dealer for demonstration shall be transferred in
accordance with this section.
Source: L. 94: Entire title amended with relocations, p. 2454, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1659, § 7, effective July 1, 2001. L. 2005:
Entire section amended, p. 813, § 11, effective August 8.
Editor's note: This section is similar to former § 42-6-111 as it existed prior to 1994, and the
former § 42-6-113 was relocated to § 42-6-115.
42-6-114
Vehicles and Traffic
Title 42 -page 562
ANNOTATION
Anno to tor's note. Since § 42-6-113 is sim-
ilar to § 42-6-111 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included with the annotations to this sec-
tion.
First purchaser protected by bond against
dealer's prior mortgage. Certification begins
with the first retail purchaser, based upon bill of
sale from the dealer. The first purchaser is pro-
tected in theory against a dealer's prior mort-
gage by means of a bond required to be filed by
the dealer for the purchaser's protection. First
Nat'l Bank v. Chuck Lowen, Inc., 128 Colo.
104, 261 P.2d 158 (1953).
Whereas purchaser from other than dealer
takes subject to valid prior mortgages. The
purchaser of a motor vehicle other than from a
dealer as defined in § 42-6-102 without delivery
of certificate of title takes subject to valid prior
mortgages. First Nat'l Bank v. Chuck Lowen,
Inc., 128 Colo. 104, 261 P.2d 158 (1953).
Title passes to purchaser of new car with-
out recordation of bill of sale. This section
does not require the purchaser of a new auto-
mobile from a dealer to record his dealer's bill
of sale as a condition precedent to the passing of
title to him. Colo. State Bank v. Riede, 92 Colo.
362, 20 P.2d 1010 (1933).
Title may not be defeated by dealer's chat-
tel mortgage. Such purchaser who receives a
bill of sale and possession of the car, acquires
complete title which cannot be defeated by the
giving of a chattel mortgage by the dealer to a
third party between the time of the execution of
the bill of sale and the securing of a certificate of
title by the purchaser. Colo. State Bank v. Riede,
92 Colo. 362, 20 P.2d 1010 (1933).
Possession of automobile is evidence of
ownership. See South Denver Bank v. Guardian
Trust Co., 86 Colo. 121, 278 P. 590 (1929).
Bill of sale is evidence that the car was
acquired in due course of law. Irvine v. Murphy,
77 Colo. 285, 236 P. 1000 (1925).
42-6-114. Transfers by bequest, descent, law. Upon the transfer of ownership of a
motor vehicle by inheritance or by operation of law, as in proceedings in bankruptcy,
insolvency, replevin, attachment, execution, or other judicial sale, or whenever such vehicle
is sold to satisfy storage or repair charges or repossessed to satisfy a secured debt, the
director or the authorized agent may issue, upon the surrender of any available certificate
of title and presentation of such proof of ownership as the director may reasonably require
or a court order, a new certificate of title on behalf of the new owner, and disposition shall
be made as in other cases.
Source: L. 94: Entire title amended with relocations, p. 2455, § 1, effective January 1,
1995; entire section amended, p. 1041, § 21, effective July 1, 1995. L. 2000: Entire section
amended, p. 1659, § 8, effective July 1, 2001. L. 2005: Entire section amended, p. 814,
§ 12, effective August 8. L. 2006: Entire section amended, p. 1513, § 77, effective June
1.
Editor's note: (1) This section is similar to former § 42-6-112 as it existed prior to 1994, and the
former § 42-6-114 was relocated to § 42-6-116.
(2) Amendments to this section by Senate Bill 94-043 were harmonized with Senate Bill 94-001.
ANNOTATION
Annotator's note. Since § 42-6-114 is sim-
ilar to § 42-6-112 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
The physical act of transferring the title to
the creditor is for the most part ministerial
and does not add significantly to any state in-
volvement that exists because of the statutory
authorization. Kirksey v. Theilig, 351 F. Supp.
727 (D. Colo. 1972).
42-6-115. Furnishing bond for certificates. (1) (a) If the applicant for a certificate
of title to a motor vehicle is unable to provide the director or the authorized agent with a
certificate of title duly transferred to the applicant or other evidence of ownership satis-
factory to the director as specified in rules established pursuant to section 42-6-104, the
director or the authorized agent may file a certificate of title for the vehicle if the applicant
furnishes the director or the authorized agent with a statement, in a form specified by the
Title 42 - page 563 Certificates of Title - 42-6-1 15
Used Motor Vehicle Sales
director, that contains:
(1) A recital of the facts and circumstances by which the applicant acquired the
ownership and possession of the vehicle;
(II) The source of the title to the vehicle; and
(III) Other information as the director may require to determine:
(A) Whether any liens are attached to the motor vehicle;
(B) The date of the liens;
(C) The amount secured by the vehicle;
(D) Where the liens are of public record; and
(E) The right of the applicant to have a certificate of title filed on behalf of the
applicant
(b) The statement specified in paragraph (a) of this subsection (1) must contain or be
accompanied by a written declaration that it is made under penalty of perjury in the second
degree, as defined in section 18-8-503, C.R.S., and must accompany the application for the
certificate as required in section 42-6-116.
(c) The director or the authorized agent may maintain any evidence submitted to the
director or the authorized agent in a paper or electronic version.
(2) If the director or the authorized agent finds that the applicant is the same person to
whom a certificate of tide for the vehicle has previously been issued or filed and to whom
a license was issued for the year during which the application for the certificate of title is
made and that a certificate of title should be filed on behalf of the applicant, the director or
authorized agent may file the certificate.
(3) (a) Except as provided by paragraph (b) of this subsection (3) or section 42-12-402,
the department or an authorized agent shall not file a certificate of title under this section
until the applicant furnishes evidence of a savings account, deposit, or certificate of deposit
meeting the requirements of section 11-35-101, C.R.S., or a good and sufficient bond with
a corporate surety, to the state, in an amount fixed by the director, not less than twice the
reasonable value of the vehicle determined as of the time of application. The applicant and
the applicant's surety shall hold harmless any person who suffers loss or damage by reason
of the filing of a certificate under this section.
(b) If the vehicle for which the certificate is filed is twenty-five years old or older, the
applicant has had a certified vehicle identification number inspection performed on the
vehicle, and the applicant presents a notarized bill of sale within twenty-four months after
the sale with the tide application, the applicant need not furnish surety under this subsection
(3). To be excepted from the surety requirement, an applicant shall submit an affidavit to the
department that is sworn to under penalty of perjury that states that the required documents
submitted are true and correct.
(4) If any person suffers loss or damage by reason of the filing of the certificate of title
as provided in this section, the person has a right of action against the applicant and the
surety on the applicant's bond against either of whom the person damaged may proceed
independently of the other.
Source: L. 94: Entire title amended with relocations, p. 2455, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1660, § 9, effective July 1, 2001. L. 2003: (2)
amended and (3) added, p. 1339, § 1, effective April 22. L. 2005: Entire section amended,
p. 814, § 13, effective August 8. L. 2009: (3)(b) amended, (SB 09-107), ch. 143, p. 606,
§ 2, effective August 5. L. 2011: (3) amended, (SB 11-031), ch. 86, p. 248, § 16, effective
August 10. L. 2012: Entire section amended, (SB 12-095), ch. 112, p. 389, § 3, effective
August 8.
Editor's note: (1) This section is similar to former § 42-6-113 as it existed prior to 1994, and the
former § 42-6-115 was relocated to § 42-6-117.
(2) Section 4 of chapter 112, Session Laws of Colorado 2012, provides that the act amending this
section applies to applications for certificates of title made on or after August 8, 2012.
Cross references: For the legislative declaration in the 2012 act amending this section, see section
1 of chapter 112, Session Laws of Colorado 2012.
42-6-116 Vehicles and Traffic Title 42 - page 564
42-6-116. Applications for filing of certificates of title. If a person who desires or who
is entitled to a filing of a certificate of title to a motor vehicle is required to apply to the
director or the authorized agent, such applicant shall apply upon a form provided by the
director in which appears a description of the motor vehicle including the make and model,
the manufacturer's number, and a description of any other distinguishing mark, number, or
symbol placed on said vehicle by the vehicle manufacturer for identification purposes, as
may be required by the director by rule adopted in accordance with article 4 of title 24,
C.R.S. The application shall also show the name and correct address of the owner
determined pursuant to section 42-6-139, a class A, class B, class C, class D, or class F
vehicle owner's personal identification number as provided on a state-issued driver's
license or assigned by the department, and the applicant's source of title and shall include
a description of all known mortgages and liens upon the motor vehicle, the holder of the
lien, the amount originally secured, and the name of the county and state in which such
mortgage or lien is recorded or filed. Such application shall be verified by a statement
signed by the applicant and shall contain or be accompanied by a written declaration that
it is made under the penalties of perjury in the second degree, as defined in section
18-8-503, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2456, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1660, § 10, effective July 1, 2001. L. 2005:
Entire section amended, p. 815, § 14, effective August 8; entire section amended, p. 694,
§ 2, effective January 1, 2007. L. 2007: Entire section amended, p. 496, § 1, effective
August 3.
Editor's note: (1) This section is similar to former § 42-6-114 as it existed prior to 1994, and the
former § 42-6-116 was relocated to § 42-6-118.
(2) Amendments to this section by House Bill 05-1019 and Senate Bill 05-038 were harmonized,
effective January 1, 2007.
42-6-117. Filing of certificate. (1) The director or the authorized agent shall use
reasonable diligence to ascertain whether the facts stated in an application and other
documents submitted to the director or the authorized agent are true. In appropriate cases,
the director or authorized agent may require the applicant to furnish additional information
regarding ownership of the vehicle and the right to file on behalf of the applicant a
certificate of title for the vehicle. The director or the authorized agent may refuse to file a
certificate of title to such vehicle if the director or the authorized agent deterrnines that the
applicant is not entitled to such certificate.
(2) No certificate of title may be filed for a vehicle required to have its vehicle
identification number inspected pursuant to section 42-5-202 unless a vehicle identification
number inspection form has been transmitted to the director or the authorized agent
showing the number recorded from the vehicle or the number assigned to the vehicle under
section 42-12-202.
(3) At the request of the title owner, lienholder, or mortgagee, a paper copy of a filed
certificate of title may be issued by the director or the authorized agent.
Source: L. 94: Entire title amended with relocations, p. 2456, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1661, § 11, effective July 1, 2001. L. 2005:
Entire section amended, p. 816, § 15, effective August 8. L. 2011: (2) amended, (SB
11-031), ch. 86, p. 248, § 17, effective August 10.
Editor's note: This section is similar to former § 42-6-115 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-6-117 is sim- relevant case construing that provision has been
ilar to § 42-6-115 as it existed prior to the 1994 included in the annotations to this section,
amending of title 42 as enacted by SB 94-1, a This section empowers the director of the
Title 42 - page 565 Certificates of Tide - 42-6-119
Used Motor Vehicle Sales
motor vehicle division to refuse to issue a new and control the chain of title as it passes from
certificate if he determines that the applicant one private purchaser to another, to the end that
therefor is not entitled thereto. Codding v. Jack- bogus or illegal transactions may more easily be
son, 132 Colo. 320, 287 P.2d 976 (1955). detected. Codding v. Jackson, 132 Colo. 320,
Statutes are designed to provide a method 287 P.2d 976 (1955).
whereby the licensing authorities may check
42-6-118. Amended certificate. If the owner of a motor vehicle for which a Colorado
certificate of tide has been issued or filed replaces any part of the motor vehicle on which
appears die identification number or symbol described in the certificate of tide and such
identification number or symbol no longer appears on the motor vehicle, or incorporates the
part containing the identification number or symbol into another motor vehicle, such owner
shall immediately apply to the director or an authorized agent for an assigned identification
number and an amended filing of a certificate of tide to such vehicle.
Source: L. 94: Entire tide amended with relocations, p. 2457, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1661, § 12, effective July 1, 2001. L. 2005:
Entire section amended, p. 816, § 16, effective August 8.
Editor's note: This section is similar to former § 42-6-116 as it existed prior to 1994, and the
former § 42-6-118 was relocated to § 42-6-119.
ANNOTATION
Applied in People v. Rautenkranz, 641 P.2d
317 (Colo. App. 1982).
42-6-119. Certificates for vehicles registered in other states. (1) When a resident of
the state acquires the ownership of a motor vehicle for which a certificate of tide has been
issued by a state other than Colorado, the person acquiring such vehicle shall apply to the
director or an authorized agent for the filing of a certificate of tide as in other cases.
(2) If a dealer acquires the ownership of a motor vehicle by lawful means and the motor
vehicle is tided under the laws of a state other than Colorado, such dealer shall not be
required to file a Colorado certificate of tide for the vehicle so long as such vehicle remains
in the dealer's possession and at the dealer's place of business solely for the purpose of sale.
(3) Upon die sale by a dealer of a motor vehicle, the certificate of title to which was
issued in a state other than Colorado, the dealer shall, within thirty days after the date of
sale, deliver or facilitate the delivery to the purchaser such certificate of tide from a state
other than Colorado duly and properly endorsed or assigned to the purchaser with a
statement by the dealer that shall contain or be accompanied by a written declaration that
it is made under the penalties of perjury in the second degree, as defined in section
18-8-503, C.R.S., and that shall set forth the following:
(a) That such dealer has warranted and, by the execution of such affidavit, does warrant
to the purchaser and all persons who shall claim through the purchaser named that, at the
time of the sale, transfer, and delivery by the dealer, the vehicle described was free and clear
of all liens and mortgages except as might therein appear,
(b) That the vehicle is not a stolen vehicle; and
(c) That such dealer had good, sure, and adequate tide to, and full right and authority
to sell and transfer, the vehicle.
(4) If the purchaser of the vehicle completes and includes the vehicle identification
number inspection form as part of the application for filing of a Colorado certificate of tide
to such vehicle and accompanies the application with the affidavit required by subsection
(3) of this section and the duly endorsed or assigned certificate of tide from a state other
than Colorado, a Colorado certificate of tide may be filed in the same manner as upon the
sale or transfer of a motor vehicle for which a Colorado certificate of tide has been issued
or filed. Upon the filing by the director or the authorized agent of such certificate of tide,
the director or the authorized agent may dispose of such certificate of tide and shall record
such certificate of tide as provided in section 42-6-124.
42-6-120
Vehicles and Traffic
Title 42 -page 566
Source: L. 94: Entire title amended with relocations, p. 2457, § 1, effective January 1,
1995. L. 95: (3) and (5) amended, p. 158, § 1, effective July 1. L. 2000: (1), (2), and (4)
amended, p. 1662, § 13, effective July 1, 2001. L. 2005: Entire section amended, p. 816,
§ 17, effective August 8.
Editor's note: This section is similar to former § 42-6-118 as it existed prior to 1994, and the
former § 42-6-119 was relocated to § 42-6-120.
ANNOTATION
Annotator's note. Since § 42-6-119 is sim-
ilar to § 42-6-118 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
These provisions are more than merely ad-
ministrative, they are mandatory. Amarillo
Auto Auction, Inc. v. Hutchinson, 135 Colo.
320, 310 P.2d 715 (1957).
And strict compliance is required. The gen-
eral assembly concluded as a matter of public
protection that all the right or interest of any
kind in and to an automobile is wrapped up in,
and subject to, a strict compliance with the law
concerning the certificate of title. Amarillo Auto
Auction, Inc. v. Hutchinson, 135 Colo. 320, 310
P.2d 715 (1957).
Out-of-state vehicles are in interstate com-
merce while being auctioned in this state.
Motor vehicles brought into the state from other
states exclusively for sale to other dealers at an
auction and which, when bought at such auc-
tions, are transported by the purchaser from this
state to other states, are at all times in interstate
commerce when being brought to auction, sold
at auction, or transported from auction into other
states. Jesse M. Chase Casper Co. v. Fugate, 128
F. Supp. 244 (D. Colo. 1955).
In an interdealer transfer, the transferee
dealer was required to have only the certifi-
cates of title from another state and posses-
sion at his place of business for sale. The
transferor dealer, having parted with all evi-
dence of ownership, had no title on which to
predicate a claim for conversion. Finance Corp.
v. Bauer, 167 Colo. 519, 448 P.2d 791 (1968).
42-6-120. Security interests upon motor vehicles. (1) Except as provided in this
section and section 42-6-130, the provisions of the "Uniform Commercial Code**, title 4,
C.R.S., relating to the filing, recording, releasing, renewal, priority, and extension of chattel
mortgages, as the term is defined in section 42-6-102 (9), shall not apply to motor vehicles.
Any mortgage or refinancing of a mortgage intended by the parties to the mortgage or
refinancing to encumber or create a lien on a motor vehicle, or to be perfected as a valid lien
against the rights of third persons, purchasers for value without notice, mortgagees, or
creditors of the owner, shall be filed for public record. The fact of filing shall be noted on
the owner's certificate of title or bill of sale substantially in the manner provided in section
42-6-121.
(2) The provisions of this section and section 42-6-121 shall not apply to any mortgage
or security interest upon any vehicle or motor vehicle held for sale or lease which
constitutes inventory as defined in section 4-9-102, C.R.S. As to such mortgages or security
interests, the provisions of article 9 of title 4, C.R.S., shall apply, and perfection of such
mortgages or security interests shall be made pursuant thereto, and the rights of the parties
shall be governed and determined thereby.
(3) Notwithstanding any provision of law to the contrary, in the case of motor vehicles
or trailers, a lease transaction does not create a sale or security interest solely because it
permits or requires the rental price to be adjusted either upward or downward under the
agreement by reference to the amount realized upon sale or other disposition of the motor
vehicle or trailer.
(4) The rights of a buyer, lessee, or lien creditor that arise after a mortgage attaches to
a motor vehicle and before perfection under this article shall be determined by section
4-9-317, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2458, § 1, effective January 1,
1995. L. 97: (3) added, p. 333, § 1, effective April 16. L. 2000: (1) amended, p. 1662,
§ 14, effective July 1, 2001. L. 2001: (2) amended, p. 1448, § 46, effective July 1.
Title 42 - page 567
Certificates of Title -
Used Motor Vehicle Sales
42-6-120
L. 2005: (1) amended, p. 817, § 18, effective August 8. L. 2006: (1) amended, p. 1513,
§ 78, effective June 1; (1) amended, p. 640, § 1, effective July 1. L. 2009: (1) amended
and (4) added, (SB 09-150), ch. 182, p. 802, § 3, effective April 22.
Editor's note: (1) This section is similar to former § 42-6-119 as it existed prior to 1994, and the
former § 42-6-120 was relocated to § 42-6-121.
(2) Amendments to subsection (1) by House Bill 06-1391 and Senate Bill 06-163 were harmo-
nized.
ANNOTATION
Law reviews. For note, "Chattel Security
Transactions and the Colorado Certificate of
Tide Act", see 25 Rocky Mt. L. Rev. 60 (1952).
For note, "The Effect of Certificate of Title Acts
on Foreign Auto Liens", see 29 Rocky Mt. L.
Rev. 384 (1957).
Annotator's note. Since § 42-6-120 is sim-
ilar to § 42-6-119 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
This section relates only to mortgages on
"motor vehicles". Rabtoay Gen. Tire Co. v.
Colo. Kenworth Corp., 135 Colo. 110, 309 P.2d
616 (1957).
To enlarge the scope of the act to include a
mortgage on tires would be an act of judicial
legislation. Rabtoay Gen. Tire Co. v. Colo.
Kenworth Corp., 135 Colo. 110, 309 P.2d 616
(1957).
For tires are detachable accessories and,
unless intention to the contrary is clearly shown,
are not merged in the motor vehicle upon which
they are placed. Rabtoay Gen. lire Co. v. Colo.
Kenworth Corp., 135 Colo. 110, 309 P.2d 616
(1957).
The doctrine of tide by accession does not
apply to the equipment of a car which the
buyer and seller do not intend to be merged
into its structure and which is clearly distin-
guishable and as readily detachable from it as
are tires and tubes. Rabtoay Gen. Tire Co. v.
Colo. Kenworth Corp., 135 Colo. 110, 309 P.2d
616 (1957).
Colorado's Certificate of Title Act operates
as strictly as the real property recording stat-
utes to cut off unrecorded interests, undoubt-
edly reflecting legislative intent to promote
greater certainty in commercial transactions, by
allowing parties to rely on the recording statutes.
In re Richards, 275 B.R. 586 (Bankr. D. Colo.
2002).
Inapplicability of uniform commercial
code to motor vehicles. By the express terms
used in this section, only such provisions of the
uniform commercial code as relate to the filing,
recording, releasing, renewal, and extension of
chattel mortgages are made inapplicable to mo-
tor vehicles. Roylance v. Citizens Sav. Bank,
148 Colo. 423, 366 P.2d 557 (1961).
A creditor's lien has not been filed for
public record until the information submitted
from the lienholder has been reviewed by the
director or his or her authorized agent and
the lien information has been entered into the
agent's database and transmitted to the
state's central registry. Hepner v. AmeriCredit
Fin. Servs., Inc., 338 B.R. 470 (Bankr. D. Colo.
2005) (decided under law in effect prior to the
2005 amendment), afiTd, 345 B.R. 261 (D. Colo.
2006); Peters v. WFS Fin. Servs., Inc., 338 B.R.
103 (Bankr. D. Colo. 2006).
Perfection of a security interest in a motor
vehicle occurs upon entry of the mortgage
and title information into the central registry.
Hepner v. AmeriCredit Fin. Servs., Inc., 345
B.R. 261 (D. Colo. 2006).
Once it occurs, perfection relates back to
the time the mortgagee delivered its mort-
gage and title paperwork to the county clerk.
Hepner v. AmeriCredit Fin. Servs., Inc., 345
B.R. 261 (D. Colo. 2006).
Application of uniform commercial code
where automobiles held as inventory. Where
automobiles were held for sale as inventory, the
provisions of the Colorado uniform commercial
code applied in their entirety. Guy Martin Buick,
Inc. v. Colo. Springs Nat'l Bank, 184 Colo. 166,
519 P.2d 354 (1974).
The uniform commercial code applies to a
security interest in a motor vehicle held in
inventory, notwithstanding the requirement
in § 42-6-109 that the certificate of title is
required to transfer an interest in a motor
vehicle. Although a bank had a perfected secu-
rity interest in an auto dealer's inventory, the
interest was extinguished upon sale of the vehi-
cle because the bank authorized the sale of the
inventory. Under § 4-9-315, the bank was left
with a security interest only in the proceeds of
the sale. Therefore, a credit union that financed
the purchase of the vehicle from the dealer had
a security interest that prevails against the bank,
even though the certificate of title was not con-
veyed to the credit union at the time of sale.
Valley Bank & Trust Co. v. Holyoke Cmty. Fed.
Credit Union, 121 P.3d 358 (Colo. App. 2005).
Substantial compliance with § 42-6-120.
This section provides that any mortgage in-
tended to create a lien on a motor vehicle, to be
effective as a valid lien against creditors of the
owner, shall be filed for public record and the
fact thereof noted on the certificate of title "sub-
42-6-121
Vehicles and Traffic
Title 42 -page 568
stantially" in the manner provided by § 42-6-
120 and the filing with the authorized agent and
the notation by him of that fact on the certificate
"substantially*' in the manner provided in § 42-
6-120 shall constitute notice to the world of the
existence of such mortgage. Loye v. Denver
United States Nat'l Bank, 341 F.2d 402 (10th
Cir. 1965).
Notation of creditor as "owner " suffices. A
notation of the creditor as "owner" on the cer-
tificate of title constitutes substantial compli-
ance with § 42-6-120. Yeager Trucking v. Circle
Leasing, 29 Bankr. 131 (Bankr. D. Colo. 1983).
The certificate of title act creates a system
of notice filing in which the certificate merely
indicates who may have a security interest. Fur-
ther inquiry from the parties is necessary to
determine the complete state of affairs. Yeager
Trucking v. Circle Leasing, 29 Bankr. 131
(Bankr. D. Colo. 1983).
Proper recording of chattel mortgages pro-
vides "notice to the world". If there ever was
any exception to the general rule of priority of
chattel mortgages for a garageman's equitable
lien for necessary repairs, it was eliminated by
the enactment of this section which provides
that properly recording and noting chattel mort-
gages on the title certificate provides "notice to
the world". First Sec. Bank v. Crouse, 374 F.2d
17 (10th Cir. 1967).
With recordation of a chattel mortgage,
persons who subsequently deal with the chat-
tel have constructive notice of the encum-
brance. Rabtoay Gen. Tire Co. v. Colo.
Kenworth Corp., 135 Colo. 110, 309 P.2d 616
(1957).
Constructive notice is as effectual as actual
notice. Rabtoay Gen. Tire Co. v. Colo.
Kenworth Corp., 135 Colo. 110, 309 P.2d 616
(1957).
Superiority of recorded lien. A creditor can-
not obtain a judicial hen superior to a transfer-
ee's interest, once the requirements for the re-
cording of the lien on a motor vehicle set out in
this section and § 42-6-120 are fulfilled.
GMAC v. Martella, 22 Bankr. 649 (Bankr. D.
Colo. 1982).
Mortgage cannot attach more value than
amount noted on certificate. Allowing a mort-
gage to attach having more value than the
amount noted on the certificate of title would
negate the purpose of this section and § 42-6-
120, which is to make the certificate conclusive
as to the rights of the parties with respect to
notice of prior encumbrances. In re Grizaffi, 23
Bankr. 137 (Bankr. D. Colo. 1982).
Section inapplicable to foreign mortgages.
In view of § 42-6-131, the provisions of this
section requiring filing of mortgages does not
apply to foreign mortgages. First Nat'l Bank v.
Chuck Lowen, Inc., 128 Colo. 104, 261 P.2d 158
(1953).
Persons with no right in vehicle not pro-
tected by section. Where a party has no rights to
a motor vehicle, having been divested of all
ownership, he is not within the four categories
of persons protected by the filing requirements
of this section. People v. Armijo, 197 Colo. 91,
589 P.2d 935 (1979).
42-6-121. Filing of mortgage. (1) The holder of a chattel mortgage on a motor
vehicle desiring to secure the rights provided for in this part 1 and to have the existence of
the mortgage and the fact of the filing of the mortgage for public record noted in the firing
of the certificate of title to the encumbered motor vehicle shall present the signed original
or signed duplicate of the mortgage or copy thereof certified by the holder of the mortgage
or the holder's agent to be a true copy of the signed original mortgage and the certificate
of title or application for certificate of title to the motor vehicle encumbered to the
authorized agent of the director in the county or city and county in which the mortgagor of
such motor vehicle resides or where the property is located. The filings may be made either
with paper documents or electronically. The mortgage or refinancing of a loan secured by
a mortgage shall state the name and address of the debtor; the name and address of the
mortgagee or name of the mortgagee's assignee; the make, vehicle identification number,
and year of manufacture of the mortgaged vehicle; and the date and amount of the loan
secured by the mortgage.
(2) Upon the receipt of the electronic, original, or duplicate mortgage or certified copy
thereof and certificate of title or application for certificate of title, the authorized agent, if
satisfied that the vehicle described in the mortgage is the same as that described in the
certificate of title or filed title, shall file within the director's authorized agent's motor
vehicle database notice of such mortgage or lien in which shall appear the day on which the
mortgage was received for filing, the name and address of the mortgagee named and the
name and address of the holder of such mortgage, if such person is other than the mortgagee
named, the amount secured by the vehicle, the date of the mortgage, the day and year on
which the mortgage was filed for public record, and such other information regarding the
filing of the mortgage in the office of the director's authorized agent as may be required by
the director by rule. The director's authorized agent shall electronically transmit, when the
Title 42 - page 569
Certificates of Title -
Used Motor Vehicle Sales
42-6-121
director's authorized agent uses an electronic filing system, the certificate of title, applica-
tion for certificate of title, and mortgage information to the database of the director for
maintenance of a central registry of motor vehicle title information pursuant to section
42-6-147.
(3) A mortgage is deemed to be a signed original or a signed duplicate if the signature
appearing on a certificate of title or application for certificate of tide was affixed personally
by the mortgagor or the mortgagor's attorney-in-fact, in ink, in carbon, or by any other
means.
(4) For purposes of liens created pursuant to section 14-10-122 (1.5), C.R.S., the lien
shall contain the information set forth in this section as well as any additional information
required in section 14-10-122 (1.5) (f), C.R.S.
(5) The lien or mortgage shall be perfected pursuant to section 42-6-120 on the date all
documents required by subsection (1) of this section, including, without limitation, the
signed original or signed duplicate of the mortgage or a copy containing the information
required by subsection (1) of this section, are received by the authorized agent and payment
is tendered on the fee imposed by section 42-6-137 (2).
Source: L. 94: Entire title amended with relocations, p. 2458, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 1310, § 46, effective July 1. L. 2000: Entire
section amended, p. 1663, § 15, effective July 1, 2001. L. 2006: Entire section amended,
p. 640, § 2, effective July 1. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1984, § 127,
effective August 5; (1) amended, (HB 09-1089), ch. 196, p. 880, § 1, effective October 1.
Editor's note: (1) This section is similar to former § 42-6-120 as it existed prior to 1994, and
the former § 42-6-121 was relocated to § 42-6-122.
(2) Amendments to subsection (1) by Senate Bill 09-292 and House Bill 09-1089 were harmo-
nized.
Cross references: For the legislative declaration contained in the 1997 act amending this section,
see section 1 of chapter 236, Session Laws of Colorado 1997.
ANNOTATION
Annotator's note. Since § 42-6-121 is sim-
ilar to § 42-6-120 as it existed prior to the 1994
amending of tide 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
The purpose of the title act was to provide
a simple and effective means of ascertaining
the title to and interests in motor vehicles and
that means is an examination of the title certif-
icate itself. The provision in the statute requiring
the notation on the title certificate of the filed
chattel mortgage was designed to make that
certificate conclusive as to the rights of the
parties with respect to the matter of notice of
prior encumbrances. It is not the province of this
court to give to the statute a narrow interpreta-
tion out of harmony with the designed purpose
and intent of the general assembly. Loye v.
Denver United States Nat'l Bank, 341 F.2d 402
(10th Cir. 1965).
The certificate of tide act creates a system of
notice filing in which the certificate merely in-
dicates who may have a security interest. Fur-
ther inquiry from the parties is necessary to
determine the complete state of affairs. Yeager
Trucking v. Circle Leasing, 29 Bankr. 131
(Bankr. D. Colo. 1983).
This section is intended to supersede the
use of local files and records in providing
notice of encumbrances upon motor vehicles.
Loye v. Denver United States Nat'l Bank, 341
F.2d 402 (10th Cir. 1965).
The notation on a title certificate of the
existence of an encumbrance is sufficient no-
tice to subsequent creditors. Loye v. Denver
United States Nat'l Bank, 341 F.2d 402 (10th
Cir. 1965).
Notation of creditor as "owner" suffices. A
notation of the creditor as "owner" on the cer-
tificate of tide constitutes substantial compli-
ance with this section. Yeager Trucking v. Circle
Leasing, 29 Bankr. 131 (Bankr. D. Colo. 1983).
Superiority of recorded lien. A creditor can-
not obtain a judicial lien superior to a transfer-
ee' s interest, once the requirements for the re-
cording of the lien on a motor vehicle set out in
§ 42-6-1 19 and this section are fulfilled. GMAC
v. Martella, 22 Bankr. 649 (Bankr. D. Colo.
1982).
Mortgage cannot attach more value than
amount noted on certificate. Allowing a mort-
gage to attach having more value than the
amount noted on the certificate of tide would
negate the purpose of § 42-6-119 and this sec-
42-6-122
Vehicles and Traffic
Title 42 -page 570
tion, which is to make the certificate conclusive
as to the rights of the parties with respect to
notice of prior encumbrances. In re Grizaffi, 23
Bankr. 137 (Bankr. D. Colo. 1982).
The recording of a chattel mortgage on a
motor vehicle in the wrong county does not
render the mortgage lien void so as to be
vulnerable to attack by a trustee in bankruptcy.
Loye v. Denver United States Nat'l Bank, 341
F.2d 402 (10th Cir. 1965).
Application of uniform commercial code
where automobiles held as inventory. Where
automobiles were held for sale as inventory, this
section and § 42-6-119 did not apply to the
security interest of the bank making a loan to the
purchaser, and the provisions of article 9 of title
4 did apply. Guy Martin Buick, Inc. v. Colo.
Springs Nat'l Bank, 32 Colo. App. 235, 511 P.2d
912 (1973), arTd, 184 Colo. 166, 519 P.2d 354
(1974).
The Colorado Certificate of Title Act
(CCTA) does not supersede § 4-9-317 (e) of
the Uniform Commercial Code because sub-
section (e) does not govern the manner or timing
of the perfection of liens. It governs only the
priority of a lien and is not inconsistent with the
CCTA. In re Roser, 613 F.3d 1240 (10th Cir.
2010).
42-6-122. Disposition of mortgages by agent (1) The authorized agent, upon
receipt of the mortgage, shall file the mortgage in the agent* s office. Such mortgage shall
be appropriately indexed and cross-indexed:
(a) Under one or more of the following headings in accordance with the rules adopted
by the director:
(1) Make or vehicle identification number of motor vehicles mortgaged;
(II) Names of owners of mortgaged motor vehicles as the same appear on the certifi-
cates of title thereto;
(HI) The numbers of the certificates of title for motor vehicles mortgaged;
(IV) The numbers or other identification marks assigned to registration certificates
issued upon the licensing of mortgaged vehicles;
(b) Under the name of the mortgagee, the holder of such mortgage, or the owner of such
vehicle; or
(c) Under such other system as the director may devise and determine to be necessary
for the efficient administration of this part 1.
(2) All records of mortgages affecting motor vehicles shall be public and may be
inspected and copies thereof made, as is provided by law respecting public records affecting
real property.
Source: L. 94: Entire title amended with relocations, p. 2459, § 1, effective January 1,
1995. L. 2000: IP(1) amended, p. 1663, § 16, effective July 1,2001. L. 2009: IP(l)(a) and
(l)(a)(I) amended, (HB 09-1089), ch. 196, p. 880, § 2, effective October 1.
Editor's note: This section is similar to former § 42-6-121 as it existed prior to 1994, and the
former § 42-6-122 was relocated to § 42-6-123.
42-6-125. Disposition after mortgaging. After a mortgage on a motor vehicle has been
filed in the authorized agent* s office, the authorized agent shall mail or electronically
transfer to the director the certificate of title or bill of sale which the authorized agent has
filed in the record. Upon the receipt thereof, the director shall maintain completed electronic
records transferred by the authorized agent. The director shall issue a new certificate of title
containing, in addition to the other matters and things required to be set forth in certificates
of title, a description of the mortgage and all information respecting said mortgage and the
filing thereof as may appear in the certificate of the authorized agent, and the director or the
director's authorized agent shall thereafter dispose of said new certificate of title containing
said notation as provided in section 42-6-124.
Source: L. 94: Entire title amended with relocations, p. 2459, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1664, § 17, effective July 1, 2001.
Editor's note: This section is similar to former § 42-6-122 as it existed prior to 1994, and the
former § 42-6-123 was relocated to § 42-6-124.
Title 42 - page 571 Certificates of Title - 42-6-125
Used Motor Vehicle Sales
42-6-124. Disposition of certificates of title. (1) All certificates of title issued by the
director or the director's authorized agent shall be disposed of by the director in the
following manner:
(a) If the certificate of title that is filed by the director's authorized agent is maintained
in an electronic format within the director's and the director's authorized agent's motor
vehicle databases as required by the standards established pursuant to article 71.3 of tide 24,
C.R.S., the certificate of title shall be disposed of in accordance with paragraphs (b) and (c)
of this subsection (1).
(b) If it appears from the records in the director's or the director's authorized agent's
office and from an examination of the certificate of title that the motor vehicle therein
described is not subject to a mortgage filed subsequent to August 1, 1949, or if such vehicle
is encumbered by a mortgage filed in any county of a state other than the state of Colorado,
the certificate of tide shall be delivered to the person who therein appears to be the owner
of the vehicle described, or such certificate shall be mailed to the owner thereof at his or her
address as the same may appear in the application, the certificate of tide, or other records
in the director's or the director's authorized agent's office.
(c) If it appears from the records in the office of the director or the director' s authorized
agent and from the certificate of tide that the motor vehicle therein described is subject to
one or more mortgages filed subsequent to August 1, 1949, the director or the director's
authorized agent shall electronically maintain or deliver the certificate of tide issued by the
director to the mortgagee named therein or the holder thereof whose mortgage was first filed
in the office of an authorized agent.
Source: L. 94: Entire tide amended with relocations, p. 2460, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1664, § 18, effective July 1, 2001. L. 2002:
(l)(a) amended, p. 859, § 10, effective May 30.
Editor's note: This section is similar to former § 42-6-123 as it existed prior to 1994, and the
former § 42-6-124 was relocated to § 42-6-125.
42-6-125. Release of mortgages. (1) Upon the payment or discharge of the under-
taking secured by any mortgage on a motor vehicle that has been filed for record in the
manner prescribed in section 42-6-121, the legal holder, on a form approved by the director,
shall make and execute the notice of the discharge of the obligation and release of the
mortgage securing the obligation and set forth in die notice the facts concerning the right
of the holder to release the mortgage as the director by appropriate rule may require, which
satisfaction and release shall be affirmed by a statement signed by the legal lienholder noted
in the certificate of tide on file with the director or the director's authorized agent and that
shall contain or be accompanied by a written declaration that it is made under the penalties
of perjury in the second degree, as defined in section 18-8-503, C.R.S. Thereupon, the
holder of the mortgage so released shall dispose of the certificate of tide as follows:
(a) If it appears that the motor vehicle is encumbered by a mortgage filed in the manner
prescribed in section 42-6-121 subsequent to the date on which the mortgage so released
was filed for record, the holder of such certificate of tide shall deliver the tide to the person
shown to be the holder of the mortgage noted on the tide, filed earliest after the filing of the
mortgage released, or to the person or agent of the person shown to be the assignee or other
legal holder of the mortgage or shall mail the tide to the mortgagee or holder at his or her
address. If the certificate is returned unclaimed, it shall be sent by mail to the director.
(b) If it appears from an examination of the certificate of tide that there are no other
outstanding mortgages against the motor vehicle in the tide, upon the release of the
mortgage as provided in this section, the holder of the mortgage shall deliver the certificate
of tide to the owner of the vehicle or shall mail the tide to the owner at his or her address,
and, if for any reason the certificate of tide is not delivered to the owner of the vehicle or
is returned unclaimed, it shall immediately be mailed to the director.
(c) The director's authorized agent shall note in the electronic record of the hen such
satisfaction or release of such lien or mortgage and shall file such satisfaction or release of
such lien as required in section 42-6-122.
42-6-126 Vehicles and Traffic Title 42 - page 572
(2) (a) (I) Except when a lienholder can show extenuating circumstances, within
fifteen calendar days after a hen or mortgage on a motor vehicle is paid and satisfied, a
lienholder shall release the lien or mortgage as required by subsection (1) of this section.
(II) As used in this subsection (2), "extenuating circumstances" means a situation
where access to the title is impaired, making good faith compliance with this subsection (2)
impossible within the time frame required by this paragraph (a). "Extenuating circum-
stances*' does not include intentional or negligent acts by a lienholder that result in delay
beyond the time frame required in this subsection (2).
(b) Any person aggrieved by a violation of this subsection (2) may bring a civil action
in a court of competent jurisdiction to bring about compliance with this subsection (2) and
for any damages arising from the violation.
Source: L. 94: Entire title amended with relocations, p. 2460, § 1, effective January 1,
1995. L. 2000: IP(1) amended and (l)(c) added, p. 1665, § 19, effective July 1, 2001.
L. 2009: IP(1), (l)(a), and (l)(b) amended, (HB 09-1089), ch. 196, p. 881, § 3, effective
October 1. L. 2011: (2) added, (HB 11-1185), ch. 122, p. 383, § 1, effective April 20.
Editor's note: This section is similar to former § 42-6-124 as it existed prior to 1994, and the
former § 42-6-125 was relocated to § 42-6-126.
ANNOTATION
Law reviews. For article, "Discharge of Se-
curity Transactions", see 26 Rocky Mt. L. Rev.
115 (1954).
42-6-126. New certificate upon release of mortgage - rules. (1) (a) Upon the
satisfaction of the debt and release of a mortgage on a motor vehicle filed for record in the
manner prescribed in section 42-6-121:
(I) The owner of the vehicle encumbered by the mortgage, the purchaser from or
transferee of the owner as appears on the certificate of title, or the holder of any mortgage
that was junior to the mortgage released, upon the receipt of the certificate of title, as
provided in section 42-6-125, shall deliver the title to the authorized agent who shall
transmit the title to the director; or
(II) The lienholder shall notify the authorized agent of the satisfaction of the debt and
release of the mortgage, setting forth any facts concerning the right of the holder to release
the mortgage as the director may require. The satisfaction and release shall be affirmed by
a statement signed by the lienholder noted in the certificate of title and shall contain or be
accompanied by a written declaration that it is made under the penalties of perjury in the
second degree, as defined in section 18-8-503, C.R.S. Upon receiving a valid satisfaction
and release, the director or authorized agent shall note the release of the lien and shall issue
a certificate of title for the motor vehicle, omitting all reference to the mortgage.
(b) Upon the receipt by the director of a statement of mortgage release, the director
shall:
(1) Note on the records in the director's office to show the release of the lien of the
mortgage;
(II) Issue a new certificate of title to the motor vehicle, omitting all reference to the
released mortgage; and
(HI) Dispose of the hew certificate of title in the manner prescribed in other cases
unless directed otherwise.
(2) For certificates of title that are maintained in an electronic format, any release of
lien, mortgage, or encumbrance shall be filed prior to the issuance of a new certificate of
tide. In the event the holder of the lien, mortgage, or other encumbrance has filed
bankruptcy or is no longer in business, the person seeking issuance of a new certificate of
title reflecting the release of the lien, mortgage, or other encumbrance, which has been
Title 42 - page 573 Certificates of Title - 42-6-127
Used Motor Vehicle Sales
maintained electronically, shall either post a bond with the director in a reasonable amount
determined by the director or shall wait until the period of the lien, mortgage, or other
encumbrance expires.
Source: L. 94: Entire title amended with relocations, p. 2461, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1665, § 20, effective July 1, 2001. L. 2009: (1)
amended, (HB 09-1089), ch. 196, p. 881, § 4, effective October 1.
Editor's note: This section is similar to former § 42-6-125 as it existed prior to 1994, and the
former § 42-6-126 was relocated to § 42-6-127.
42-6-127. Duration of lien of mortgage - extensions. ( 1 ) The lien of a mortgage or
refinancing of a mortgage filed in the manner prescribed in section 42-6-121 or 42-6-129
shall remain valid and enforceable for a period of ten years after the filing of the certificate
in the office of the director's authorized agent or until the discharge of the mortgage on the
vehicle, if the discharge occurs sooner, except in the case of trailer coaches; truck tractors;
multipurpose trailers, if known when filed; and motor homes, that are subject to the
provisions of subsection (3) of this section. During the ten-year period or any extension of
such period, the lien of the mortgage may be extended for successive three-year periods
upon the holder of the mortgage presenting to the director's authorized agent of the county
where the mortgage is filed or in the county where the owner resides a certification of
extension of chattel mortgage, subscribed by the holder of the mortgage and acknowledged
by the holder before an officer authorized to acknowledge deeds to real property, in which
shall appear a description of the mortgage on the vehicle, to what extent it has been
discharged or remains unperformed, and such other information respecting the mortgage as
may be required by appropriate rule of the director to enable the director's authorized agent
to properly record the extension.
(2) Upon receipt of a mortgage extension, the director's authorized agent shall make
and complete the electronic record of the extension as the director by rule may require
within the director's or the director's authorized agent's motor vehicle database, and shall
note the fact of the extension of the mortgage on the certificate of title, which may be filed
electronically. Thereafter the certificate of title shall be returned to the person shown on the
certificate to be entitled to the certificate. If any mortgage other than one on a trailer coach;
truck tractor; multipurpose trailer, if known when filed; or motor home, that has been filed
for record and noted on the certificate of title, has not been released or extended within ten
years after the date on which the mortgage was filed in the office of the director's authorized
agent, the person shown by the records in the director's office to be the owner of the motor
vehicle described in the certificate of title, upon making an appropriate application therefor,
may request that any references to the mortgages shown on the records of the director's
authorized agent be removed by the authorized agent. The director's authorized agent shall
remove all reference to mortgages shown in the director's authorized agent's records to
have been of record in the office of the authorized agent for more than ten years, which
mortgages have been neither released nor extended as provided in this section.
(3) The duration of the lien of any mortgage on a trailer coach, as defined in section
42-1-102 (106) (a), a truck tractor, as defined in section 42-1-102 (109), a multipurpose
trailer, as defined in section 42-1-102 (60.3), or a motor home, as defined in section
42-1-102 (57), shall be for the full term of the mortgage, but the lien of the mortgage may
be extended beyond the original term of the mortgage for successive three-year periods by
following the procedure prescribed in subsection (1) of this section during the term of the
mortgage or any extension thereof.
Source: L. 94: Entire tide amended with relocations, p. 2461, § 1, effective January 1,
1995; entire section amended, p. 920, § 1, effective January 1, 1995. L. 2000: (1) and (2)
amended, p. 1666, § 21, effective July 1, 2001. L. 2009: Entire section amended, (HB
09-1089), ch. 196, p. 882, § 5, effective October 1.
42-6-128
Vehicles and Traffic
Title 42 -page 574
Editor's note: (1) This section is similar to former § 42-6-126 as it existed prior to 1994, and
the former § 42-6-127 was relocated to § 42-6-128.
(2) Amendments to this section by House Bill 94- 1 1 65 were harmonized with Senate Bill 94-001 .
42-6-128. Validity of mortgage between parties. Nothing in this part 1 shall be
construed to impair the validity of a mortgage on a motor vehicle between the parties
thereto as long as no purchaser for value, mortgagee, or creditor without actual notice of the
existence thereof has acquired an interest in die motor vehicle described therein, notwith-
standing that the parties to said mortgage have failed to comply with the provisions of this
part 1.
Source: L. 94: Entire title amended with relocations, p. 2462, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-6-127 as it existed prior to 1994, and the
former § 42-6-128 was relocated to § 42-6-130.
ANNOTATION
Annotator's note. Since § 42-6-128 is sim-
ilar to § 42-6-127 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
By virtue of this section the failure to have
a certificate of title issued does not defeat the
contractual rights of the seller. Randall v. Car-
roll, 30 Colo. App. 45, 488 P.2d 250 (1971).
Persons with no right in vehicle not pro-
tected by § 42-6-119. Where a party has no
rights to a motor vehicle, having been divested
of all ownership, he is not within the four cate-
gories of persons protected by the filing require-
ments of § 42-6-119. People v. Armijo, 197
Colo. 91, 589 P.2d 935 (1979).
42-6-129. Second or other junior mortgages. (1) On and after July 1, 1977, any
person who takes a second or other junior mortgage on a motor vehicle for which a
Colorado certificate of title has been issued or filed may file said mortgage for public record
and have the existence thereof noted or filed on the certificate of title with like effect as in
other cases, in the manner prescribed in this section.
(2) Such second or junior mortgagee or the holder thereof shall file said mortgage
pursuant to the requirements of section 42-6-121 with the director's authorized agent of the
county wherein the mortgagor of said motor vehicle resides or where the motor vehicle is
located and shall accompany said mortgage with a written request to have the existence
thereof noted or filed on the certificate of title records of the director's authorized agent
pertaining to the motor vehicle covered by the junior or second mortgage. Upon the filing
of such mortgage, the director's authorized agent shall note in the record of the subject
vehicle the day and hour on which such mortgage was received by the agent and shall make
and deliver a receipt for the mortgage to the person filing the mortgage, and shall file the
second or junior mortgage as required under section 42-6-122.
(3) The director's authorized agent, by registered mail, return receipt requested, shall
make a written demand on the holder of the certificate of title, addressed to such person at
the person's address as the same may appear in said written request, that such certificate be
delivered to the authorized agent for the purpose of having noted on the certificate such
second or junior mortgage. Within fifteen days after the receipt of such demand, the person
holding such certificate shall either mail or deliver the same to such director's authorized
agent or, if the person no longer has possession of the certificate, shall so notify the agent
and, if the person knows, shall likewise inform the agent where and from whom such
certificate may be procured. Upon the receipt of such certificate, the director's authorized
agent shall complete an application for a new tide and record the number thereof on the
mortgage, as in the case of a first mortgage, and shall, as in the case of a first mortgage,
issue and file a new certificate of title on which record the existence of all mortgages on the
motor vehicle, including such second or junior mortgage, have been noted.
Title 42 - page 575 Certificates of Title - 42-6-133
Used Motor Vehicle Sales
(4) If any person lawfully in possession of a certificate of title to any motor vehicle
upon whom demand is made for the delivery thereof to the authorized agent omits, for any
reason whatsoever, to deliver or mail the same to the authorized agent, such person shall be
liable to the holder of such second or junior mortgage for all damage sustained by reason
of such omission.
Source: L. 94: Entire title amended with relocations, p. 2462, § 1, effective January 1,
1995. L. 2000: (1), (2), and (3) amended, p. 1667, § 22, effective July 1, 2001.
Editor's note: This section is similar to former § 42-6-127.5 as it existed prior to 1994, and the
former § 42-6-129 was relocated to § 42-6-131.
42-6-130. Priority of secured interests. The liens or mortgages filed for record or
noted on a certificate of tide to a motor vehicle, as provided in section 42-6-121, shall take
priority in the same order that they were filed in the office of the authorized agent; except
that the priority of a purchase-money security interest, as defined in section 4-9-103, C.R.S.,
shall be determined in accordance with sections 4-9-317 (e) and 4-9-324 (a), C.R.S.
Source: L. 94: Entire tide amended with relocations, p. 2463, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1668, § 23, effective July 1, 2001. L. 2005:
Entire section amended, p. 818, § 19, effective August 8. L. 2009: Entire section amended,
(SB 09-150), ch. 182, p. 802, § 4, effective April 22.
Editor's note: This section is similar to former § 42-6-128 as it existed prior to 1994, and the
former § 42-6-130 was relocated to § 42-6-132.
42-6-131. Mechanics', warehouse, and other liens. Nothing in this part 1 shall be
construed to impair the rights of lien claimants arising under any mechanics' lien law or the
lien of a warehouse or other person claimed for repairs on or storage of any motor vehicle,
when a mechanic's lien or storage lien originated prior to a mortgage or lien on the motor
vehicle being filed for record and such motor vehicle has remained continuously in the
possession of the person claiming such mechanic's lien or lien for storage.
Source: L. 94: Entire title amended with relocations, p. 2463, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 818, § 20, effective August 8.
Editor's note: This section is similar to former § 42-6-129 as it existed prior to 1994, and the
former § 42-6-131 was relocated to § 42-6-133.
42-6-132. Existing mortgages not affected. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2464, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 818, § 21, effective August 8. L. 2009: Entire
section repealed, (HB 09-1089), ch. 196, p. 883, § 6, effective October 1.
42-6-133. Foreign mortgages and liens. No mortgage or lien on a motor vehicle filed
for record in a state other than Colorado shall be valid and enforceable against the rights of
subsequent purchasers for value, creditors, lienholders, or mortgagees having no actual
notice of the existence of such mortgage or lien. If the certificate of title for such vehicle
bears any notation adequate to apprise a purchaser, creditor, lienholder, or mortgagee of the
existence of a mortgage or lien at the time a third party acquires a right in the motor vehicle,
such mortgage or hen and the rights of the holder of the mortgage or lien shall be
enforceable in this state as though such mortgage were filed in Colorado and noted on the
certificate of title or noted in the record of the authorized agent pertaining to that vehicle
pursuant to section 42-6-121.
42-6-133
Vehicles and Traffic
Title 42 -page 576
Source: L. 94: Entire title amended with relocations, p. 2464, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1668, § 24, effective July 1, 2001. L. 2005:
Entire section amended, p. 818, § 22, effective August 8.
Editor's note: This section is similar to former § 42-6-131 as it existed prior to 1994, and the
former § 42-6-133 was relocated to § 42-6-135.
ANNOTATION
Annotator's note. Since § 42-6-133 is sim-
ilar to § 42-6-131 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1,
relevant cases construing that provision have
been included in the annotations to this section.
Purpose, application, and limitations of
section. The purpose of this section, being to
apprise a local purchaser of the existence of a
foreign lien, it applies only to a regular and
nonrraudulent foreign title, and its operation is
limited to the protection of a local innocent
purchaser where a foreign title is issued without
notation of lien. Federico v. Universal C.I.T.
Credit Corp., 140 Colo. 145, 343 P.2d 830
(1959).
Refusal to give effect to mortgage filed for
record in foreign state. In the first sentence of
this section the general assembly has changed
the prior law by refusing to give effect to a
mortgage that is filed for record in a foreign
state and nothing more, at least in a state which
uses the system of certificates of title. Federico
v. Universal C.I.T. Credit Corp., 140 Colo. 145,
343 P.2d 830 (1959).
Modified by second sentence of section. If
taken literally, the first sentence of this section
would indicate that no foreign mortgage shall be
enforceable against a subsequent purchaser for
value in Colorado. However, the second sen-
tence of the same section refers to the "certifi-
cate of tide for such vehicle ... under the laws of
... any other state". Thus, it would appear that
the second sentence modifies and thus limits the
first sentence to application to mortgages origi-
nating in certificate of tide states. Doenges-
Glass, Inc. v. GMAC, 175 Colo. 518, 488 P.2d
879 (1971).
In view of this section, the provisions of
§ 42-6-119 requiring filing of mortgages does
not apply to foreign mortgages. First Nat'l
Bank v. Chuck Lowen, Inc., 128 Colo. 104, 261
P.2d 158 (1953).
The recognition of a foreign mortgage de-
pends not upon its being filed for record, but
upon its appearing on the certificate of title.
First Nat'l Bank v. Chuck Lowen, Inc., 128
Colo. 104, 261 P.2d 158 (1953); Reining v.
Gevelhoff, 133 Colo. 436, 296 P.2d 748 (1956).
The present statutory method of protection
is by means of showing of encumbrances on
the title certificate. Fleming v. Gevelhoff, 133
Colo. 436, 296 P.2d 748 (1956).
This section is clearly designed to encour-
age other states to require notation as a means
of protecting their citizens holding mortgages on
motor vehicles which can easily be moved into
this state as well as to other states. Federico v.
Universal C.I.T. Credit Corp., 140 Colo. 145,
343 P.2d 830 (1959).
Where the title to a truck bore a notation
adequate to apprise a purchaser, creditor, or
mortgagee and the chattel mortgage is therefore
entitled to the same effect as though it were filed
in this state in the manner prescribed by statute.
First Sec. Bank v. Crouse, 374 F.2d 17 (10th Cir.
1967).
An attaching creditor with notice that
there is doubt as to the title to a vehicle may
not prevail over a foreign mortgage regardless
of a failure of the mortgagee to comply with the
requirement of the foreign state for filing mort-
gages by failure to note the mortgage on the
original certificate of tide. Federico v. Universal
C.I.T. Credit Corp., 140 Colo. 145, 343 P.2d 830
(1959).
The rule of comity requires that a foreign
lien on a motor vehicle is enforceable in this
state provided it is valid in the state where it is
executed. Doenges-Glass, Inc. v. GMAC, 28
Colo. App. 283, 472 P.2d 761 (1970), afTd, 175
Colo. 518, 488 P.2d 879 (1971).
Only if a certificate of title is issued and
delivered to the buyer will this rule be disre-
garded. Doenges-Glass, Inc. v. GMAC, 28
Colo. App. 283, 472 P.2d 761 (1970), arTd, 175
Colo. 518, 488 P.2d 879 (1971).
This section does not render a foreign
mortgage unenforceable against a third party
where a sale is without a certificate of title.
Federico v. Universal C.I.T. Credit Corp., 140
Colo. 145, 343 P.2d 830 (1959).
The defense provided by this section to the
enforceability of foreign lien is applicable
only if the subsequent purchaser acquired supe-
rior rights to the motor vehicle, and the acqui-
sition of such rights is dependent upon compli-
ance with § 42-6-108. Doenges-Glass, Inc. v.
GMAC, 28 Colo. App. 283, 472 P.2d 761
(1970), afTd, 175 Colo. 518, 488 P.2d 879
(1971).
This section must be read together with
§ 42-6-108. Federico v. Universal C.I.T. Credit
Corp., 140 Colo. 145, 343 P.2d 830 (1959).
Title 42 - page 577 Certificates of Title - 42-6-136
Used Motor Vehicle Sales
42-6-134. Where application for certificates of title made. Except as otherwise
provided in this part 1, all applications for recording of certificates of title upon the sale or
transfer of a motor vehicle described in the certificate of title shall be directed to and filed
with the authorized agent of the county where such vehicle will be registered and licensed
for operation.
Source: L. 94: Entire title amended with relocations, p. 2464, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1668, § 25, effective July 1, 2001. L. 2005:
Entire section amended, p. 819, § 23, effective August 8.
Editor's note: This section is similar to former § 42-6-132 as it existed prior to 1994, and the
former § 42-6-134 was relocated to § 42-6-136.
42-6-135. Lost certificates of title. (1) If data is lost transmitting an application for
a certificate of title and accompanying documentation, which may be transmitted by the
authorized agent to the director and upon an appropriate application of the owner or other
person entitled to such certificate of title, such certificate of title may be reissued or recorded
bearing such notations respecting existing unreleased mortgages or liens on the vehicle as
indicated by the director's or authorized agent's records. Such certificate of tide shall be
issued without charge.
(2) If the title owner, lienholder, or mortgagee of a certificate of title loses, misplaces,
or accidentally destroys a certificate of title to a motor vehicle that such person holds as
described in the certificate of title, upon application, the director or the authorized agent
may issue a duplicate copy of the recorded certificate of title as in other cases.
(3) (a) Upon the issuance of a copy of the recorded certificate of title as provided for
in this section, the director or the authorized agent shall note on the copy every mortgage
shown to be unreleased and the lien that is in effect as disclosed by the records of the
director or authorized agent and shall dispose of such certificate as in other cases.
(b) Upon the payment or discharge of the debt secured by a mortgage on a motor
vehicle that has been filed for record in the manner prescribed in section 42-6-121, the
lienholder shall notify the authorized agent of the satisfaction and release of the mortgage,
setting forth any facts concerning the right of the holder to release the mortgage as the
director may require. The satisfaction and release shall be affirmed by a statement signed
by the lienholder noted in the certificate of title and shall contain or be accompanied by a
written declaration that it is made under the penalties of perjury in the second degree, as
defined in section 18-8-503, C.R.S. Upon receiving a valid satisfaction and release, the
director or authorized agent shall note the release of the lien and shall issue a certificate of
title for the motor vehicle, omitting all reference to the mortgage.
Source: L. 94: Entire title amended with relocations, p. 2464, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1668, § 26, effective July 1, 2001. L. 2005:
Entire section amended, p. 819, § 24, effective August 8. L. 2009: (3) amended, (HB
09-1089), ch. 196, p. 883, § 7, effective October 1.
Editor's note: This section is similar to former § 42-6-133 as it existed prior to 1994, and the
former § 42-6-135 was relocated to § 42-6-137.
Cross references: For payment of bond for issuance of certificate, see § 42-6-115.
42-6-136. Surrender and cancellation of certificate- penalty for violation. (1) The
owner of a motor vehicle for which a Colorado certificate of title has been issued, upon the
destruction or dismantling of said motor vehicle, upon its being changed so that it is no
longer a motor vehicle, or upon its being sold or otherwise disposed of as salvage, shall
surrender the certificate of tide to the motor vehicle to the director or the authorized agent
to be canceled or notify the director or the authorized agent on director-approved forms
indicating the loss, destruction or dismantling, or sale for salvage. Upon the owner's
procuring the consent of the holders of any unreleased mortgages or liens noted on or
42-6-136 Vehicles and Traffic Title 42 - page 578
recorded as part of the certificate of title, such certificate shall he canceled. A person who
violates this section commits a class 1 petty offense and shall he punished as provided in
section 18-1.3-503, C.R.S.
(2) Upon the sale or transfer of a motor vehicle for which a current Colorado certificate
of title has been issued or filed and that has become a salvage vehicle, as defined in section
42-6-102 (17), the purchaser or transferee shall apply for a salvage certificate of title. The
owner of such a motor vehicle may apply for a salvage certificate of title before the sale or
transfer of such vehicle. An owner applying for a salvage certificate of title shall provide the
director evidence of ownership that satisfies the director of the right of the applicant to have
a salvage certificate of title filed in favor of the owner.
(3) (a) An owner of a salvage motor vehicle that has been made roadworthy who
applies for a certificate of title as provided in section 42-6-116 shall include such
information regarding the vehicle as the director may require by rule. The owner shall
provide to the director evidence of ownership that satisfies the director that the applicant is
entitled to filing of a certificate of title. The director or the authorized agent shall designate
in a conspicuous place in the record for a vehicle that it is a salvage vehicle that has been
made roadworthy. Such designation shall include the words "REBUILT FROM SAL-
VAGE" and shall become a permanent part of the certificate of title for such vehicle and
shall appear on all subsequent certificates of title for such vehicle.
(b) CD An owner of a salvage motor vehicle that has been made roadworthy who
applies for a certificate of title as provided in section 42-6-1 16 shall include a certified VIN
inspection, DR2704, performed by a law enforcement officer certified as a VIN inspector.
(II) Prior to the inspection, the applicant shall stamp into the motor vehicle the words
"REBUILT FROM SALVAGE" with each letter being not less than one-fourth inch in size.
Such words shall be a salvage brand and be stamped in the following locations:
(A) In a motorcycle, on the frame in a visible location;
(B) In a class A manufactured motor home, on the main entrance door jamb;
(C) In a trailer, adjacent to the public vehicle identification number;
(D) In all other motor vehicles, on the body post to which the driver' s door latches, also
known as the driver's door B pillar.
(HI) The law enforcement officer shall not complete the inspection required by this
paragraph (b) unless the salvage brand complies with this paragraph (b).
(c) (I) Except as provided in subparagraph (H) of this paragraph (c), a person commits
a class 1 misdemeanor and, upon conviction, shall be punished as provided in section
18-1.3-501, C.R.S., if such person:
(A) Intentionally removes or alters a salvage brand; or
(B) Possesses a motor vehicle without retitling the vehicle with a salvage brand for
forty-five days after learning that the motor vehicle's salvage brand may have been removed
or altered.
(H) A person may remove or alter a salvage brand if necessary to legitimately repair a
motor vehicle. Such person shall provide evidence of such repair to the investigating law
enforcement authority, including pre-repair and post-repair photographs of the affected
motor vehicle part and the salvage brand and a signed affidavit describing the repairs. Upon
repair, or subsequent repair, the vehicle shall be restamped.
Source: L. 94: Entire title amended with relocations, p. 2464, § 1, effective January 1,
1995. L. 2000: Entire section amended, p. 1669, § 27, effective July 1, 2001. L. 2002: (1)
amended, p. 1563, § 375, effective October 1; (3) amended, p. 635, § 1, effective January
1, 2003. L. 2004: (3) amended, p. 931, § 1, effective July 1. L. 2005: Entire section
amended, p. 819, § 25, effective August 8.
Editor's note: This section is similar to former § 42-6-134 as it existed prior to 1994, and the
former § 42-6-136 was relocated to § 42-6-138.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(1), see section 1 of chapter 318, Session Laws of Colorado 2002.
Title 42 - page 579
Certificates of Title -
Used Motor Vehicle Sales
ANNOTATION
42-6-137
Annotator's note. Since § 42-6-136 is sim-
ilar to § 42-6-134 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
Legislative Intent The general assembly
amended this section in 1976 in an effort to
thwart the use of a vehicular theft device known
as the "salvage switch". Colorado Auto &
Truck Wreckers Ass'n v. Dept. of Rev., 618 P.2d
646 (Colo. 1980).
Section is not invalid as improper delega-
tion of legislative authority to the department
of revenue. Colorado Auto & Truck Wreckers
Ass'n v. Dept. of Rev., 618 P.2d 646 (Colo.
1980).
"Salvage" connotes the secondary or scrap
value of a motor vehicle stemming from a state
of damage or disrepair that renders the vehicle
unsuitable for its originally intended use on the
public highways in the absence of major alter-
ation or repair. Colorado Auto & Truck Wreck-
ers Ass'n v. Dept of Rev., 618 P.2d 646 (Colo.
1980).
"Sold or otherwise disposed of as salvage"
is sufficiently definite so as to provide notice to
potential wrongdoers of the proscribed conduct
and to protect against discriminatory enforce-
ment. Colorado Auto & Truck Wreckers Ass'n v.
Dept. of Rev., 618 P.2d 646 (Colo. 1980).
42-6-137. Fees. (1) (a) Upon filing with the authorized agent an application for a
certificate of title, the applicant shall pay to the agent a fee of seven dollars and twenty
cents, which shall be in addition to the fees for the registration of such motor vehicle.
(b) Repealed.
(2) Upon the receipt by an authorized agent of a mortgage for filing under section
42-6-121, 42-6-125, or 42-6-129, the authorized agent shall be paid such Tees as are
imposed by law for the filing of like instruments in the office of the county clerk and
recorder in the county where such mortgage is filed and shall also receive a fee of seven
dollars and twenty cents for the issuance or recording of the certificate of title and the
notation in the record of the director or the authorized agent of the existence of the
mortgage.
(3) Upon application to the authorized agent to have noted or recorded on a certificate
of tide the extension of a mortgage described in the certificate of title and noted or recorded
on the certificate, such authorized agent shall receive a fee of one dollar and fifty cents.
(4) Upon the release and satisfaction of a mortgage and upon application to the
authorized agent for the notation on the certificate of title pursuant to section 42-6-125, such
authorized agent shall be paid a fee of seven dollars and twenty cents.
(5) For the issuance of a copy of a recorded certificate of title, except as may be
otherwise provided in this part 1, the authorized agent shall be paid a fee of eight dollars
and twenty cents. If the department assigns a new identifying number to any motor vehicle,
the fee charged for such assignment shall be three dollars and fifty cents.
(6) Upon filing with the director an application for a certificate of title, a motor vehicle
dealer who applies to receive a certificate of tide within one working day after application
shall pay to such director a fee of twenty-five dollars.
(7) An authorized agent shall, if possible, provide the following recording of tides on
the same day as the date of request by an applicant:
(a) A title issued pursuant to a transfer of a motor vehicle currently titled in Colorado;
(b) A title issued for a new motor vehicle upon filing of a manufacturer's statement of
origin without liens; and
(c) Any other title issued or recorded by the director or the authorized agent. The
director and authorized agents shall take into account the best service for citizens in the
most cost-effective manner, the use of electronic issuance of titles, and consideration of the
business plan for issuing titles at county offices.
(8) Notwithstanding the amount specified for any fee in this section, the director by rule
or as otherwise provided by law may reduce the amount of one or more of the fees if
necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of
the fund to which all or any portion of one or more of the fees is credited. After the
uncommitted reserves of the fund are sufficiently reduced, the director by rule or as
otherwise provided by law may increase the amount of one or more of the fees as provided
in section 24-75-402 (4), C.R.S.
42-6-138 Vehicles and Traffic Title 42 - page 580
Source: L. 94: Entire title amended with relocations, p. 2465, § 1, effective January 1,
1995. L. 97: (5) amended, p. 800, § 1, effective July 1. L. 98: (8) added, p. 1359, § 115,
effective June 1; (1), (2), and (5) amended and (7) added, p. 928, § 1, effective July 1.
L. 2000: (2), (3), (5), IP(7), and (7)(c) amended, p. 1669, § 28, effective July 1, 2001.
L. 2001: (1), (2), and (5) amended, p. 814, § 1, effective July 1. L. 2002: (l)(b)(IH)
amended, p. 951, § 1, effective August 7. L. 2003: (4) amended, p. 1978, § 4, effective
May 22. L. 2005: Entire section amended, p. 821, § 26, effective August 8.
Editor's note: (1) This section is similar to former § 42-6-135 as it existed prior to 1994, and
the former § 42-6-137 was relocated to § 42-6-139.
(2) Subsection (8) was originally numbered as (7) in Senate Bill 98-194 but has been renumbered
on revision for ease of location.
(3) Subsection (l)(b)(IH) provided for the repeal of subsection (l)(b), effective September 1,
2006. (See L. 2002, p. 951.)
42-6-138. Disposition of fees. (1) (a) All fees received by the authorized agent under
section 42-6-137 (1) (a), (2), or (4) or 38-29-138 (1) (a), (2), or (4), C.R.S., upon application
for a certificate of title, shall be disposed of as follows: Four dollars shall be retained by the
authorized agent and disposition made as provided by law; three dollars and twenty cents
shall be credited to the special purpose account established by section 42-1-211.
(b) Repealed.
(2) All fees collected by the authorized agent under section 42-6-137 (5) or 38-29-138
(5), C.R.S., shall be disposed of as follows:
(a) For a copy of a recorded certificate of title, six dollars and fifty cents shall be
retained by the authorized agent and disposition made as provided by law; and one dollar
and seventy cents shall be credited to the special purpose account established by section
42-1-211; and
(b) For assignment of a new identifying number to a motor vehicle or manufactured
home, two dollars and fifty cents shall be retained by the authorized agent and disposition
made as provided by law; and one dollar shall be credited to the special purpose account
established by section 42-1-211. All fees collected by the department under the provisions
of section 42-6-137 (1) (a), (4), or (5) or 38-29-138 (1) (a), (4), or (5), C.R.S., shall be
credited to such special purpose account.
(3) All fees paid to the authorized agent under section 42-6-137 (3) for the extension
of a mortgage or hen on a motor vehicle filed in the authorized agent's office shall be
retained by the authorized agent to defray the cost of such extension or release and shall be
disposed of by the authorized agent as provided by law; except that fees for this service that
are paid to the authorized agent in the city and county of Denver shall, by such agent, be
disposed of in the same manner as fees retained by the agent that were paid upon application
being made for a certificate of title.
(4) The fee paid by a motor vehicle dealer to the director pursuant to section 42-6-137
(6) for a certificate of title issued within one working day of application shall be credited
to the special purpose account established by section 42-1-211 (2).
Source: L. 94: Entire title amended with relocations, p. 2466, § 1, effective January 1,
1995. L. 97: (2) amended, p. 800, § 2, effective July 1. L. 98: (1) and (2) amended, p. 929,
§ 2, effective July 1. L. 2000: (2) and (3) amended, p. 1670, § 29, effective July 1, 2001.
L. 2001: (1) amended, p. 815, § 2, effective July 1. L. 2002: (2) amended, p. 1034, § 76,
effective June 1; (l)(b)(H) amended, p. 951, § 2, effective August 7. L. 2003: (l)(a), (2),
and (3) amended, p. 1979, § 5, effective May 22. L. 2005: Entire section amended, p. 822,
§ 27, effective August 8.
Editor's note: (1) This section is similar to former § 42-6-136 as it existed prior to 1994, and
the former § 42-6-138 was relocated to § 42-6-140.
(2) Subsection ( 1 )(b)(D) provided for the repeal of subsection ( 1 )(b), effective September 1 , 2006.
(See L. 2002, p. 951.)
Title 42 - page 581 Certificates of Title - 42-6-140
Used Motor Vehicle Sales
42-6-139. Registration - where made. (1) For purposes of this section, a person's
residence shall be the person's principal or primary home or place of abode, to be
determined in the same manner as residency for voter registration purposes as provided in
sections 1-2-102 and 31-10-201, C.R.S.; except that "voter registration" shall be substituted
for "motor vehicle registration" as a circumstance to be taken into account in determining
such principal or primary home or place of abode.
(2) Except as may be otherwise provided by rule of the director, it is unlawful for any
person who is a resident of the state to register, to obtain a license for, or to procure a
certificate of title to, a motor vehicle at any address other than:
(a) For a motor vehicle that is owned by a business and operated primarily for business
purposes, the address where such vehicle is principally operated and maintained; or
(b) For any motor vehicle for which the provisions of paragraph (a) of this subsection
(2) do not apply, the address of the owner's residence; except that, if a motor vehicle is
permanently maintained at an address other than the address of the owner's residence, such
motor vehicle shall be registered at the address where such motor vehicle is permanently
maintained.
(3) A person who knowingly violates any of the provisions of subsection (2) of this
section, section 42-3-103 (4) (a), or section 42-6-140 or any rule of the director promulgated
pursuant to this part 1 is guilty of a misdemeanor and, upon conviction, shall be punished
by a fine of one thousand dollars.
(4) In addition to any other applicable penalty, a person who registers a motor vehicle
in violation of the provisions of subsection (2) of this section, section 42-3-103 (4) (a), or
section 42-6-140 shall be subject to a civil penalty of five hundred dollars. Such violation
shall be determined by, assessed by, and paid to the municipality or county where the motor
vehicle is or should have been registered, subject to judicial review pursuant to rule 106 (a)
(4) of the Colorado rules of civil procedure.
(5) A person subject to the penalties imposed by this section continues to be liable for
unpaid registration fees, specific ownership taxes, or other taxes and fees concerning the
registration of a vehicle owed by such person.
Source: L. 94: Entire title amended with relocations, p. 2467, § 1, effective January 1,
1995. L. 97: (3) and (4) amended and (5) added, p. 1003, § 7, effective August 6. L. 98:
(3) and (4) amended, p. 787, § 3, effective July 1, 1999. L. 2003: (3) and (4) amended, p.
2004, § 74, effective May 22. L. 2005: Entire section amended, p. 823, § 28, effective
August 8; (3) and (4) amended, p. 1179, § 20, effective August 8. L. 2009: (3) amended,
(SB 09-108), ch. 5, p. 52, § 11, effective March 2.
Editor's note: (1) This section is similar to former § 42-6-137 as it existed prior to 1994, and
the former § 42-6-139 was relocated to § 42-6-141.
(2) Amendments to subsections (3) and (4) by Senate Bill 05-038 and House Bill 05-1107 were
harmonized.
ANNOTATION
Use of the term "owner" in subsection though ownership by a business is one criterion,
(2)(b) applies to business entities as well as the vehicle must also be operated primarily for
natural persons. A vehicle does not necessarily business purposes. Stevinson Imports, Inc. v.
qualify for registration under subsection (2)(a) City & County of Denver, 143 P.3d 1099 (Colo,
simply because it is owned by a business. Al- App. 2006).
42-6-140. Registration upon becoming resident Within ninety days after becoming
a resident of Colorado, the owner of a motor vehicle shall apply for a Colorado certificate
of tide, a license, and registration for the vehicle that is registered, that is licensed, or for
which a certificate of title is issued in another state. Any person who violates the provisions
of this section is subject to the penalties provided in sections 42-6-139 and 43-4-804 (1) (d),
C.R.S.
42-6-141 Vehicles and Traffic Title 42 - page 582
Source: L. 94: Entire title amended with relocations, p. 2467, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 1003, § 8, effective August 6. L. 2005: Entire
section amended, p. 824, § 29, effective August 8. L. 2009: Entire section amended, (SB
09-108), ch. 5, p. 52, § 12, effective March 2.
Editor's note: This section is similar to former § 42-6-138 as it existed prior to 1994, and the
former § 42-6-140 was relocated to § 42-6-142.
Cross references: For registration requirements and exemptions, see § 42-3-103.
42-6-141. Director's records to be public. All records in the director's office pertain-
ing to the title to a motor vehicle shall be public records and shall be subject to the
provisions of section 42-1-206. This shall include any records regarding ownership of and
mortgages or liens on a vehicle for which a Colorado certificate of title has been issued.
Source: L. 94: Entire title amended with relocations, p. 2468, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 824, § 30, effective August 8.
Editor's note: This section is similar to former § 42-6-139 as it existed prior to 1994, and the
former § 42-6-141 was relocated to § 42-6-143.
42-6-142. Penalties. (1) No person may sell, transfer, or in any manner dispose of a
motor vehicle in this state without complying with this part 1.
(2) A person who violates subsection (1) of this section for which no other penalty is
expressly provided is guilty of a misdemeanor and, upon conviction, shall be punished by
a fine of not less than one hundred dollars nor more than five hundred dollars, or by
imprisonment in the county jail for not less than ten days nor more than six months, or by
both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2468, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 824, § 31, effective August 8.
Editor's note: This section is similar to former § 42-6-140 as it existed prior to 1994, and the
former § 42-6-142 was relocated to § 42-6-145.
ANNOTATION
Annotator's note. Since § 42-6-142 is sim- probation, it was illegal for court to impose a
ilar to § 42-6-140 as it existed prior to the 1994 fine and then suspend the fine and place the
amending of title 42 as enacted by SB 94-1, a defendant on probation conditioned on restitu-
relevant case construing that provision has been tion. People v. Rollins, 771 P.2d 32 (Colo. App.
included in the annotations to this section. 1989).
Where violation occurred prior to July 1,
1988, and since this statute did not provide for
42-6-143. Altering or using altered certificate. A person who causes to be altered or
forged a certificate of title issued by the director pursuant to this part 1, or a written transfer
of a title, or any other notation placed on the title by the director or under the director's
authority concerning a mortgage or lien or who uses or attempts to use any such certificate
to transfer the vehicle, knowing it to be altered or forged, commits a class 6 felony and shall
be punished as provided in section 18-1.3-401, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2468, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1563, § 376, effective October 1. L. 2005:
Entire section amended, p. 825, § 32, effective August 8.
Editor's note: This section is similar to former § 42-6-141 as it existed prior to 1994, and the
former § 42-6-143 was relocated to § 42-6-146.
Title 42 - page 583 Certificates of Title - 42-6-146
Used Motor Vehicle Sales
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-6-144. False oath. A person who applies for a certificate of title, written transfer of
a title, satisfaction and release, oath, affirmation, affidavit, statement, report, or deposition
required to be made or taken under any of the provisions of this article, and who, upon such
application, transfer, satisfaction and release, oath, affirmation, affidavit, statement, report,
or deposition, swears or affirms willfully and falsely in a matter material to any issue, point,
or subject matter in question, in addition to any other penalties provided in this article, is
guilty of perjury in the second degree, as defined in section 18-8-503, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2468, § 1, effective January 1,
1995. L. 2005: Entire section amended, p. 825, § 33, effective August 8.
Editor's note: This section is similar to former § 42-6-141.5 as it existed prior to 1994.
42-6-145. Use of vehicle identification numbers in applications - rules. (1) A
person required to apply for a certificate of title or registration of a motor vehicle shall use
the identification number placed upon the motor vehicle by the manufacturer or the special
vehicle identification number assigned to the motor vehicle by the department pursuant to
section 42-12-202. The certificate of title and registration card issued by the department
shall use the identification number of the motor vehicle.
(2) The identification number provided for in this section shall be accepted in lieu of
any motor number or serial number provided for in this title.
(3) (a) After receiving an application for a certificate of tide, the department or its
authorized agent shall electronically verify with the department of public safety that the
motor vehicle has not been reported stolen. The department shall not register a motor
vehicle reported stolen in the system until the vehicle is recovered by the owner.
(b) The department shall promulgate rules setting forth procedures to notify the local
law enforcement agency upon discovery that a person is attempting to obtain a certificate
of title for a stolen motor vehicle.
(c) This subsection (3) is effective July 1, 2009.
Source: L. 94: Entire tide amended with relocations, p. 2468, § 1, effective January 1,
1995. L. 2000: (1) amended, p. 1648, § 41, effective June 1. L. 2005: Entire section
amended, p. 825, § 34, effective August 8. L. 2008: (3) added, p. 1025, § 3, effective
August 5. L. 2011: (1) amended, (SB 11-031), ch. 86, p. 248, § 18, effective August 10.
Editor's note: This section is similar to former § 42-6-142 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-6-145 is sim- thing they can to comply with its provisions, but
ilar to § 42-6-142 as it existed prior to the 1994 the statutory protection fails when the vehicle is
amending of title 42 as enacted by SB 94-1, a stolen and its identification number changed,
relevant case construing that provision has been Webb v. M.F.A. Mut. Ins. Co., 44 Colo. App.
included in the annotations to this section. 210, 620 P.2d 38 (1980).
Certificate of title act does not defeat in-
surable interest when the purchasers do every-
42-6-146. Repossession of motor vehicle - owner must notify law enforcement
agency - penalty. (1) If a mortgagee, lienholder, or the mortgagee's or lienholder' s
assignee or the agent of either repossesses a motor vehicle because of default in the terms
of a secured debt, the repossessor shall notify, either verbally or in writing, a law
enforcement agency, as provided in this section, of the fact of such repossession, the name
of the owner, the name of the repossessor, and the name of the mortgagee, lienholder, or
assignee. Such notification shall be made at least one hour before or no later than one hour
42-6-147 Vehicles and Traffic Title 42 - page 584
after the repossession occurs. If such repossession takes place in an incorporated city or
town, the repossessor shall notify the police department, town marshal, or other local law
enforcement agency of such city or town. If such repossession takes place in the unincor-
porated area of a county, the repossessor shall notify the county sheriff.
(2) A repossessor who violates subsection (1) of this section is guilty of a class 2
misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501,
C.R.S.
(3) If a motor vehicle being repossessed is subject to the "Uniform Commercial Code
- Secured Transactions*', article 9 of title 4, C.R.S., the repossession shall be governed by
the provisions of section 4-9-629, C.R.S.
(4) As used in this section, the term "repossessor*' means the party who physically
takes possession of the motor vehicle and drives, tows, or transports the motor vehicle for
delivery to the mortgagee, lienholder, or assignee or the agent of such mortgagee, lien-
holder, or assignee.
Source: L. 94: Entire title amended with relocations, p. 2469, § 1, effective January 1,
1995. L. 2001: (3) amended, p. 1448, § 47, effective July 1. L. 2002: (2) amended, p.
1564, § 377, effective October 1. L. 2005: Entire section amended, p. 825, § 35, effective
August 8.
Editor's note: This section is similar to former § 42-6-143 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(2), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-6-147. Central registry - rules. (1) The director shall maintain a central registry
of electronic files for all certificates of title, mortgages, liens, releases of liens or mortgages,
and extensions. The authorized agents shall transmit all electronic filing information to the
director for maintenance of the registry. The director shall promulgate rules:
(a) To determine when an electronic signature is acceptable for the purposes of filing
certificate of title documents; and
(b) As may be necessary for the administration of electronic filing of certificates of title
and all related documents.
(2) The director shall develop a plan to implement electronic filing on a statewide basis.
The director shall encourage participation by the counties in an electronic filing system. The
director shall begin the implementation of the electronic filing system no later than July 1,
2001, and shall complete the statewide implementation of electronic filing no later than July
1, 2006. The director may grant an exclusion from participation in the electronic filing
system upon application by an individual county that demonstrates reasonable cause why
electronic filing would be burdensome to the county.
Source: L. 2000: Entire section added, p. 1671, § 30, effective July 1, 2001. L. 2005:
Entire section amended, p. 826, § 36, effective August 8.
PART 2
USED MOTOR VEHICLE SALES
42-6-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Owner" means the person who holds the legal title of a motor vehicle, but, in the
event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof,
with the right to purchase upon the performance of the conditions stated in the agreement
and with an immediate right to possession vested in the conditional vendee or lessee, or in
the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee,
lessee, or mortgagor shall be deemed the owner.
(2) "Person" means an individual, firm, association, corporation, or partnership.
Title 42 - page 585 Certificates of Title - 42-6-202
Used Motor Vehicle Sales
(3) "Private sale** means a sale or transfer of a used motor vehicle between two persons
neither of whom is a used motor vehicle dealer.
(4) "Retail used motor vehicle sale** means a sale or transfer of a used motor vehicle
from a used motor vehicle dealer to a person other than a used motor vehicle dealer.
(5) "Sale** means that the buyer of the used motor vehicle has paid the purchase price
or, in lieu thereof, has signed a purchase contract or security agreement and has taken
physical possession or delivery of the used motor vehicle.
(6) "Sale between used motor vehicle dealers'* means a sale or transfer of a used motor
vehicle from one used motor vehicle dealer to another.
(7) "Sale from an owner other than a used motor vehicle dealer to a used motor vehicle
dealer" means any sale, trade-in, or other transfer of a used motor vehicle from a person
other than a used motor vehicle dealer to a used motor vehicle dealer.
(8) "Used motor vehicle*' means every self-propelled motor vehicle having a gross
weight of less than sixteen thousand pounds that has been sold, bargained for, exchanged,
given away, leased, loaned, or driven as a "company executive car** or the title to which has
been transferred from the person who first acquired it from the manufacturer or importer
and it is so used as to have become what is commonly known as "secondhand** within the
ordinary meaning thereof. A previously untitled motor vehicle that has been driven by the
dealer for more than one thousand five hundred miles, excluding mileage incurred in the
transit of the motor vehicle from the manufacturer to the dealer or from another dealer to
the dealer, shall be considered a "used motor vehicle**. This shall not apply to any
automobile manufactured before January 1, 1942.
(9) "Used motor vehicle dealer** means any licensed motor vehicle dealer, used motor
vehicle dealer, or wholesaler as defined by the introductory portions to section 12-6-102
(13) and (17) and section 12-6-102 (18), C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2469, § 1, effective January 1,
1995. L. 97: (8) amended, p. 558, § 2, effective August 6.
ANNOTATION
Part creates a presumption of reasonable sentations in an odometer statement, this part
reliance from the mere receipt of the statement modifies the common-law requirement that the
and makes material any misrepresentation ap- plaintiff, to establish a prima facie action, must
pearing therein. Lurvey v. Phil Long Ford, Inc., prove that his reliance on that statement was
37 Colo. App. 11, 541 P.2d 114 (1975). reasonable. Lurvey v. Phil Long Ford, Inc., 37
Part modifies common-law requirement In Colo. App. 11, 541 P.2d 114 (1975).
an action for fraud in a suit alleging misrepre-
42-6-202. Prohibited acts. (1) It is unlawful for any person to advertise for sale, to
sell, to use, or to install or to have installed any device which causes an odometer to register
any mileage other than the true mileage driven. For purposes of this section, the true
mileage driven is that mileage driven by the vehicle as registered by the odometer within
the manufacturer's designed tolerance.
(2) It is unlawful for any person or the person's agent to disconnect, reset, or alter the
odometer of any motor vehicle with the intent to change the number of miles indicated
thereon.
(3) It is unlawful for any person, with the intent to defraud, to operate a motor vehicle
on any street or highway knowing that the odometer of such vehicle is disconnected or
nonfunctional.
(4) Nothing in this part 2 shall prevent the service, repair, or replacement of an
odometer, if the mileage indicated thereon remains the same as before the service, repair,
or replacement. When the odometer is incapable of registering the same mileage as before
such service, repair, or replacement, the odometer shall be adjusted to read zero, and a
notice in writing shall be attached to the left door frame of the vehicle by the owner or the
owner's agent specifying the mileage prior to repair or replacement of the odometer and the
42-6-203
Vehicles and Traffic
Title 42 -page 586
date on which it was repaired or replaced. Any removal or alteration of such notice so
affixed is unlawful.
(5) It is unlawful for any transferor to fail to comply with 49 U.S.C. sec. 32705 and any
rule concerning odometer disclosure requirements or to knowingly give a false statement to
a transferee in making any disclosure required by such law.
Source: L. 94: Entire title amended with relocations, p. 2470, § 1, effective January 1,
1995. L. 2005: (5) amended, p. 826, § 37, effective August 8.
Editor's note: This section is similar to former § 42-6-206 as it existed prior to 1994.
ANNOTATION
Annotator's note. Since § 42-6-202 is sim-
ilar to § 42-6-206 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
Modifies common-law requirement In an
action for fraud in a suit alleging misrepresen-
tations in an odometer statement, this part mod-
ifies the common-law requirement that the
plaintiff, to establish a prima facie action, must
prove that his reliance on that statement was
reasonable. Lurvey v. Phil Long Ford, Inc., 37
Colo. App. 11, 541 P.2d 114 (1975).
Part creates a presumption of reasonable
reliance from the mere receipt of the statement
and makes material any misrepresentation ap-
pearing therein. Lurvey v. Phil Long Ford, Inc.,
37 Colo. App. 11, 541 P.2d 114 (1975).
The statutory language in this section and
§ 42-6-208 is sufficiently strong to make clear
the intent of the general assembly to afford
plaintiffs the benefit of the rule as to presump-
tion of reasonable reliance. Lurvey v. Phil Long
Ford, Inc., 37 Colo. App. 11, 541 P.2d 114
(1975).
Which is rebuttable with burden on defen-
dant The presumption of reasonable reliance by
plaintiff on misrepresentation as to mileage is
rebuttable and should be deemed to place the
burden of proof on this issue upon the defendant
rather than the plaintiffs. Lurvey v. Phil Long
Ford, Inc., 37 Colo. App. 11, 541 P.2d 114
(1975).
42-6-203. Penalty. A violation of any of the provisions of section 42-6-202 is a class
1 misdemeanor.
Source: L. 94: Entire tide amended with relocations, p. 2471, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-6-207 as it existed prior to 1994.
Cross references: For the penalty for a class 1 misdemeanor, see § 18-1.3-501.
42-6-204. Private civil action. (1) Any person who, with intent to defraud, violates
any requirement imposed under this part 2 shall be liable in an amount equal to the sum of:
(a) Three times the amount of actual damages sustained or three thousand dollars,
whichever is greater; and
(b) In the case of any successful action to enforce said liability, the costs of the action
together with reasonable attorney fees as determined by the court.
(2) An action to enforce any liability created under subsection (1) of this section must
be brought within the time period prescribed in section 13-80-102, C.R.S.
(3) There shall be no liability under this section if a judgment has been entered in
federal court pursuant to section 409 of the "Motor Vehicle Information and Cost Savings
Act", Public Law 92-513.
Source: L. 94: Entire title amended with relocations, p. 2471, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-6-208 as it existed prior to 1994.
Title 42 - page 587
Certificates of Title -
Used Motor Vehicle Sales
42-6-206
Cross references: For current provisions relating to section 409 of the "Motor Vehicle Information
and Cost Savings Act'*, see 49 U.S.C. sec. 32710.
ANNOTATION
Annotator's note. Since § 42-6-204 is sim-
ilar to § 42-6-208 as it existed prior to the 1994
amending of title 42 as enacted by SB 94-1, a
relevant case construing that provision has been
included in the annotations to this section.
Presumption of reasonable reliance in-
tended. The statutory language in § 42-6-205
and this section is sufficiently strong to make
clear the intent of the general assembly to afford
plaintiffs the benefit of the rule as to presump-
tion of reasonable reliance. Lurvey v. Phil Long
Ford, Inc., 37 Colo. App. 11, 541 P.2d 114
(1975).
Rebuttal by defendant The presumption of
reasonable reliance by plaintiff on misrepresen-
tation as to mileage is rebuttable and should be
deemed to place the burden of proof on this
issue upon the defendant rather than the plain-
tiffs. Lurvey v. Phil Long Ford, Inc., 37 Colo.
App. 11, 541 P.2d 114 (1975).
42-6-205. Consumer protection. All provisions of section 6- 1 -708, C.R.S., concern-
ing deceptive trade practices in the sale of motor vehicles shall apply to the sale of used
motor vehicles.
Source: L. 94: Entire title amended with relocations, p. 2471, § 1, effective January 1,
1995. L. 99: Entire section amended, p. 655, § 13, effective May 18.
Editor's note: This section is similar to former § 42-6-209 as it existed prior to 1994.
42-6-206. Disclosure requirements upon transfer of ownership of a salvage vehicle.
(1) Prior to sale of a vehicle rebuilt from salvage to a prospective purchaser for the
purpose of selling or transferring ownership of such vehicle, the owner shall prepare a
disclosure affidavit stating that the vehicle was rebuilt from salvage. The disclosure affidavit
shall also contain a statement of the owner stating the nature of the damage which resulted
in the determination that the vehicle is a salvage vehicle. The words "rebuilt from salvage**
shall appear in bold print at the top of each such affidavit
(2) Any person who sells a vehicle rebuilt from salvage for the purpose of transferring
ownership of such vehicle shall:
(a) Provide a copy of a disclosure affidavit prepared in accordance with the provisions
of subsection (1) of this section to each prospective purchaser; and
(b) Obtain a signed statement from each such purchaser clearly stating that the
purchaser has received a copy of the disclosure affidavit and has read and understands the
provisions contained therein.
(3) (a) Any person who purchases a vehicle rebuilt from salvage who was not provided
with a copy of a disclosure affidavit prepared in accordance with the provisions of
subsection (1) of this section and who, subsequent to sale, discovers that the vehicle
purchased was rebuilt from salvage shall be entitled to a full and immediate refund of the
purchase price from the prior owner.
(b) In the event a person is entitled to a refund under this subsection (3), the prior owner
shall be required to make an immediate refund of the full purchase price to the purchaser.
A signed statement from the purchaser prepared in accordance with the provisions of
paragraph (b) of subsection (2) of this section shall relieve the prior owner of the obligation
to make such refund.
(4) Any owner, seller, or transferor of a vehicle rebuilt from salvage who fails to
comply with the provisions of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine for a first offense not to exceed one thousand
five hundred dollars and a fine of five thousand dollars for each subsequent offense.
(5) The executive director of the department of revenue shall prescribe rules and
regulations for the purpose of implementing the provisions of this section.
(6) As used in this section, unless the context otherwise requires:
(a) "Sale** means any sale or transfer of a vehicle rebuilt from salvage.
42-6-206
Vehicles and Traffic
Title 42 -page 588
(b) "Salvage vehicle" shall have the same meaning as set forth in section 42-6-102
(17).
Source: L. 94: Entire title amended with relocations, p. 2472, § 1, effective January 1,
1995. L. 2009: (6)(b) amended, (SB 09-292), ch. 369, p. 1984, § 128, effective August 5.
Editor's note: This section is similar to former § 42-6-210 as it existed prior to 1994, and the
former § 42-6-206 was relocated to § 42-6-202.
MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW
ARTICLE 7
Motor Vehicle Financial Responsibility Law
42-7-101.
42-7-102.
42-7-103.
42-7-201.
42-7-202.
PARTI
GENERAL PROVISIONS
Short title.
Legislative declaration.
Definitions.
PART?
ADMINISTRATION
Director to administer article.
Report of accident required.
(Repealed)
PART 3
SECURITY AND PROOF OF FINANCIAL
RESPONSIBILITY IN CONNECTION
WITH ACCIDENTS
42-7-301. Security and proof of financial
responsibility for the future
required under certain cir-
cumstances.
42-7-301.5. Proof of financial responsibil-
ity.
42-7-302. Exemptions from requirement
of filing security and proof of
financial responsibility for
the future.
42-7-303. Duration of suspension.
42-7-304. Custody and disposition of se-
curity.
PART 4
PROOF OF FINANCIAL RESPONSIBILITY
- JUDGMENTS AND CONVICTIONS
42-7-401. Proof required on judgments.
42-7-402. Suspension, duration, bank-
ruptcy.
42-7-403. Sufficiency of payments.
42-7-404. Payment of judgment in install-
ments.
42-7-405. Suspension upon second judg-
ment.
42-7-406. Proof required under certain
conditions.
42-7-407. Duty of courts to report.
42-7-408. Proof of financial responsibility
- methods of giving proof -
duration - exception.
42-7-409. Proof for member of family or
chauffeur.
42-7-410. Certificate for insurance policy.
42-7-411. Restrictions in certain type of
policy.
42-7-412. Certificate furnished by nonres-
ident.
42-7-413. Motor vehicle liability policy.
42-7-414. Requirements to be complied
with.
42-7-415. When insurance carrier to issue
certificate.
42-7-416. Notice required upon cancella-
tion.
42-7-417. Article not to affect other poli-
cies.
42-7-418. Money - securities for financial
responsibility.
42-7-419. Substitution of proof.
42-7-420. Failure of proof - other proof.
42-7-421. When director may release
proof of financial responsi-
bility.
42-7-422. No proof when proof required.
PART 5
GENERAL
42-7-501 . Self-insurers.
42-7-502. Action against nonresident -
reciprocity with other states.
42-7-503. Director to furnish operating
record.
42-7-504. Matters not to be evidence in
litigation.
42-7-505. Forging ability to respond in
Title 42-
page 589 Motor Vehicle Financ
ial Responsibil
ity Law 42-7-102
42-7-506.
Surrender of license.
ation.
42-7-507.
Penalty.
42-7-603.
Definitions.
42-7-508.
No repeal of motor vehicle
42-7-604.
Motorist insurance identifica-
laws.
tion database program - cre-
42-7-509.
Article does not prevent other
ation - administration - selec-
process.
tion of designated agent -
42-7-510.
Insurance or bond required.
legislative declaration.
42-7-605.
Notice of lack of financial re-
PART 6
sponsibility. (Repealed)
42-7-606.
Disclosure of insurance infor-
UNINSURED MOTORIST
mation - penalty.
IDENnHCAIlON
42-7-607.
Part 6 not to supersede other
DATABASE PROGRAM
provisions.
42-7-608.
Review by department of regu-
42-7-601.
Short title.
latory agencies - repeal. (Re-
42-7-602.
Uninsured motorist identifica-
pealed)
tion database program - cre-
42-7-609.
Report.
PART1
GENERAL PROVISIONS
42-7-101. Short title. This article shall be known and may be cited as the "Motor
Vehicle Financial Responsibility Act".
Source: L. 94: Entire title amended with relocations, p. 2473, § 1, effective January 1,
1995.
ANNOTATION
Applied in Genua v. Kilmer, 37 Colo. App.
365, 546 P.2d 1279 (1976); Rael v. Motor Ve-
hicle Div., 42 Colo. App. 66, 589 P.2d 515
(1979); Briner v. Charnes, 10 Bankr. 850
(Bankr. D. Colo. 1981); Marez v. Dairyland Ins.
Co., 638 P.2d 286 (Colo. 1981).
42-7-102. Legislative declaration. (1) The general assembly is acutely aware of the
toll in human suffering and loss of life, limb, and property caused by negligence in the
operation of motor vehicles in our state. Although it recognizes that this basic problem can
be and is being dealt with by direct measures designed to protect our people from the
ravages of irresponsible drivers, the general assembly is also very much concerned with the
financial loss visited upon innocent traffic accident victims by negligent motorists who are
financially irresponsible. In prescribing the sanctions and requirements of this article, it is
the policy of this state to induce and encourage all motorists to provide for their financial
responsibility for the protection of others, and to assure the widespread availability to the
insuring public of insurance protection against financial loss caused by negligent financially
irresponsible motorists.
(2) (a) The general assembly hereby finds that motor vehicle accidents cause a
substantial economic impact in lost wages, medical bills, and property destruction exacer-
bated by the following:
(I) Some negligent motorists are uninsured or flee the scene of an accident
(II) Negligent motorists often attempt to avoid financial responsibility by means such
as fleeing the state, concealing their whereabouts, or failing to update the address on their
driver* s license with the department of revenue, thereby frustrating service of process and
preventing the innocent victim from accessing either the negligent driver' s liability insur-
ance policy or the uninsured motorist coverage the victim has purchased.
(HI) When innocent traffic accident victims cannot access either the negligent driver's
automobile liability policy or their own uninsured motorist coverage, the burden of the
uncompensated losses are borne by the taxpayer in the form of taxes for medicaid, by
trauma facilities in the form of uncompensated hospital-related costs, and by the innocent
victim.
42-7-103
Vehicles and Traffic
Title 42 - page 590
(b) (I) The state of Colorado encourages the widespread availability of uninsured or
underinsured motorist insurance by requiring every motor vehicle liability policy delivered
or issued in this state to contain uninsured motorist coverage unless the named insured
rejects such coverage in writing.
(II) Because insurance benefits have been paid for by either the negligent driver or the
innocent victim for the purpose of compensating the innocent victim for injuries or losses,
the general assembly declares that it is necessary to simplify the process for an innocent
victim to access the negligent driver's liability insurance policy or his or her own uninsured
motorist coverage in order to prevent the burden from being borne by the taxpayer or the
health care system.
(c) Therefore, the general assembly declares that the policy of Colorado is that all
motor vehicle liability policies shall require policyholders of an automobile liability policy
to appoint their insurance carrier as an agent for the purpose of service of process in certain
limited instances in accordance with section 42-7-414 (3), and to deem a defendant to be
uninsured for purposes of uninsured or underinsured motorist coverage if the court deems
service on the defendant's insurance company to be ineffective or insufficient.
Source: L. 94: Entire title amended with relocations, p. 2473, § 1, effective January 1,
1995. L. 2010: Entire section amended, (HB 10-1164), ch. 196, p. 846, § 2, effective
January 1, 2011.
ANNOTATION
Law reviews. For article, 'The Sociological
and Legal Problem of the Uncompensated Mo-
tor Victim", see 11 Rocky Mt. L. Rev. 12
(1938).
Annotator's note. Since this section is sim-
ilar to repealed § 13-7-2(3), CRS 53, relevant
cases construing § 13-7-2(3) have been in-
cluded in the annotations to this section.
When article applicable. The provisions of
this article do not come into play until an insur-
ance policy has been certified as proof of finan-
cial responsibility. Urtado v. Shupe, 33 Colo.
App. 162, 517 P.2d 1357 (1973), affd, 187
Colo. 24, 528 P.2d 222 (1974).
The motor vehicle financial responsibility
act does not require insurance. United States
Fire Ins. Co. v. Goldstein Transp., 30 Colo. App.
478, 496 P.2d 1079 (1972).
The modern trend of legislation is in the
direction requiring operators of motor ve-
hicles to maintain liability insurance for the
protection of third persons and this has been
necessitated by the tremendous increase of the
number of such vehicles and the irresponsibility
problem. Lucas v. District Court, 140 Colo. 510,
345 P.2d 1064 (1959).
A liability insurance policy is for the ben-
efit of injured persons in that it provides secu-
rity for the satisfaction of any judgment ob-
tained. Lucas v. District Court, 140 Colo. 510,
345 P.2d 1064 (1959).
Insurance policies are definitely relevant to
the subject matter of pending actions growing
out of accidents covered by such policies, espe-
cially in view of the fact that this legislation
apparently would require a defendant to disclose
to the state authority information concerning the
insurance which a plaintiff might seek, and this
would be a matter of public record. Lucas v.
District Court, 140 Colo. 510, 345 P2d 1064
(1959).
This section reflects the legislative intent
that all purchasers of automobile liability in-
surance policies must have the opportunity to
purchase uninsured motorist coverage.
Passamano V. Travelers Indem. Co., 882 P.2d
1312 (Colo. 1994).
Applied in Briner v. Charnes, 10 Bankr. 850
(Bankr. D. Colo. 1981); State Farm Mut. Auto.
Ins. Co. v. Meyer, 647 P.2d 683 (Colo. App.
1982).
42-7-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Accident" means a motor vehicle accident occurring on public or private property
within this state.
(2) "Automobile liability policy'* or "bond" means a liability policy or bond subject,
if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and
costs, of not less than twenty-five thousand dollars because of bodily injury to or death of
one person in any one accident and, subject to said limit for one person, to a limit of not
less than fifty thousand dollars because of bodily injury to or death of two or more persons
in any one accident, and, if the accident has resulted in injury to or destruction of property,
Title 42 - page 591 Motor Vehicle Financial Responsibility Law 42-7-103
to a limit of not less than fifteen thousand dollars because of injury to or destruction of
property of others in any one accident.
(3) "Conviction** means conviction in any court of record or municipal court, and such
conviction shall include a plea of guilty, a plea of nolo contendere accepted by the court,
the forfeiture of any bail or collateral deposited to secure a defendant's appearance in court
which forfeiture has not been vacated, and the acceptance and payment of a penalty
assessment under the provisions of section 42-4-1701 or under the similar provisions of any
town or city ordinance.
(4) "Department" means the department of revenue acting directly or through its duly
authorized officers and agents.
(5) "Director" means the executive director of the department of revenue.
(6) "Driver" means every person who is in actual physical control of a motor vehicle
upon a highway.
(6.5) (a) "Evidence of insurance" means proof given by the insured in person to the
department that the insured has a complying policy in full force and effect. Proof may be
made through presentation of a copy of such complying policy or a card issued to the
insured as evidence that a complying policy is in full force and effect.
(b) For purposes of this subsection (6.5), "complying policy" means a policy of
insurance as required by part 6 of article 4 of title 10, C.R.S.
(7) "License" means any license, temporary instruction permit, or temporary license
issued under laws of this state pertaining to the licensing of persons to operate motor
vehicles, or, with respect to any person not licensed, the term means any operating privilege
or privileges to apply for such license.
(8) "Motor vehicle" means every vehicle which is self-propelled, including trailers and
semitrailers designed for use with such vehicles and every vehicle which is propelled by
electric power obtained from overhead trolley wires but not operated upon rails.
(9) "Motor vehicle liability policy", "operators' policy of liability insurance", or
"financial responsibility bond" means a policy or bond certified as proof of financial
responsibility for the future.
(10) "Nonresident" means every person who is not a resident of this state.
(11) "Nonresident's operating privilege" means the privilege conferred upon a non-
resident by the laws of this state pertaining to the operation by the nonresident of a motor
vehicle.
(12) "Owner" means a person who holds the legal title of the vehicle; or in the event
a vehicle is the subject of an agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee, or in the event a
mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purpose of this article.
(13) "Person" means every natural person, firm, partnership, association, or corpora-
tion.
(14) (a) "Proof of financial responsibility for the future", also referred to in this article
as proof of financial responsibility, means proof of ability to respond in damages for
liability, on account of accidents occurring after the effective date of said proof, arising out
of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty-five
thousand dollars because of bodily injury to or death of one person in any one accident, and,
subject to said limit for one person, in the amount of fifty thousand dollars because of bodily
injury to or death of two or more persons in any one accident, and in the amount of fifteen
thousand dollars because of injury to or destruction of property of others in any one
accident
(b) For purposes of this tide, the form known as the "SR-22" furnished to the
department may be used as proof of financial responsibility in compliance with this article.
(15) "State" means any state of the United States, the District of Columbia, or any
province of Canada.
Source: L. 94: Entire title amended with relocations, p. 2473, § 1, effective January 1,
1995. L. 95: (6.5) added and (14) amended, p. 708, § 3, effective May 23; (6.5) amended,
p. 1215, § 1, effective July 1. L. 2004: (6.5)(b) amended, p. 794, § 4, effective May 21.
42-7-201
Vehicles and Traffic
ANNOTATION
Title 42 -page 592
Subsection (12) of this section concerning
motor vehicles shows the purpose of declar-
ing that a person who owns the legal title to a
vehicle shall be deemed the owner. Registra-
tion can only be issued to the owner and in the
event certain things occur, then the registration
is to be cancelled and registration plates sus-
pended, unless the owner makes a showing of
beneficial responsibility, gives bond, or procures
necessary insurance. Ferguson v. Hurford, 132
Colo. 507, 290 P.2d 229 (1955) (decided under
repealed § 13-7-1, C.R.S. 1963).
Family car doctrine inapplicable. Where
defendant holds the automobile's title jointly
with her husband, and the defendant is not the
head of the household, bare legal title alone is
insufficient to justify the application of the fam-
ily car doctrine. Lee v. Degler, 169 Colo. 226,
454 P.2d 937 (1969).
Section 10-4-319 (now § 10-4-609) incor-
porates the minimum limits for bodily injury
or death as set forth in this article. Nationwide
Mut. Ins. Co. v. Hillyer, 32 Colo. App. 163, 509
P.2d 810 (1973).
Loss of consortium not separate injury re-
quired to be insured. Nothing in § 10-4-319
(now § 10-4-609) and this section suggests that
the General Assembly considered loss of con-
sortium to be a separate bodily injury which
must be insured against in all insurance policies.
Arguello v. State Farm Mut. Auto. Ins. Co., 42
Colo. App. 372, 599 P.2d 266 (1979).
Subsection (2) of this section and § 10-4-
609 (1), when read together, clearly establish
the intent of the General Assembly to provide a
mechanism by means of which an insured might
purchase insurance coverage for protection
against loss caused by the conduct of a negligent
and financially irresponsible motorist. Krai v.
Am. Hardware Mut. Ins. Co., 784 P.2d 759
(Colo. 1989).
Insurance coverage is not based on the num-
ber of uninsured or underinsured tortfeasors
causing an accident, nor must an insurer provide
separate uninsured and underinsured coverage
for every driver involved in an accident with its
insured. Farmers Ins. Exch. v. Star, 952 P.2d 809
(Colo. App. 1997).
When considered together, subsection (3)
of this section and § 10-4-609 reflect a clear
legislative purpose to place an injured party
having uninsured motorist coverage in the same
position as if the uninsured motorist had been
insured. Any agreement to reduce the amount of
benefits an insured might receive under an un-
insured motorist clause of an insurance contract
must be viewed in light of this legislative intent.
Krai v. Am. Hardware Mut. Ins. Co., 784 P.2d
759 (Colo. 1989).
Provision in insurance policy that allowed
the insurer to set off benefits received from
workers' compensation was, in effect, the re-
duction of uninsured motorist coverage in con-
travention of the established minimums, and this
result was contrary to public policy. Nationwide
Mut. Ins. Co. v. Hillyer, 32 Colo. App. 163, 509
P.2d 810 (1973).
An "SR-22" submitted in the name of the
vehicle owner's son, along with a standard
liability insurance policy in the owner's
name, does not constitute proof of financial
responsibility for the future; subsection (14) is
clear and unambiguous. Zelenoy v. Colo. Dept.
of Rev., 192 P.3d 538 (Colo. App. 2008).
PART 2
ADMINISTRATION
42-7-201. Director to administer article. (1) The director shall administer and
enforce the provisions of this article and may make rules and regulations in writing
necessary for the administration of this article.
(2) (a) The director shall provide for a hearing upon request of any person affected by
an order or act of the director under the provisions of this article. Such hearing need not be
a matter of record.
(b) A request for a hearing, made within the twenty-day period prescribed in section
42-7-301 (3) and (4), shall operate during the pendency of such hearing to postpone the
effective date of any order or act of the director pursuant to this article.
(c) If the person, for the protection of the public interest and safety, files or has filed
with the director evidence of current liability insurance in the driver's name, or has made
a deposit as provided in section 42-7-418, the request for hearing shall also postpone the
date on which the affected person's license or nonresident's operating privilege would
otherwise be suspended.
(d) The decision as rendered by the director upon a hearing, or an order or act of the
director when no hearing is requested, shall be final unless the affected person seeks judicial
review.
Title 42 - page 593 Motor Vehicle Financial Responsibility Law 42-7-301
(e) In any action for judicial review of the action of the director, the court, upon
application for a hearing on the question of irreparable injury with three days* notice to the
director of such hearing and upon a finding by the court at such hearing that irreparable
injury to the affected person would otherwise result, may order that the filing of the action
shall operate to postpone the effective date of the director's order or act, in which event the
court may also impose the condition, for the protection of the public interest and safety, that
the person bringing the action shall obtain and maintain during the pendency of the action
an automobile liability policy or bond or deposit of security as provided in section 42-7-418.
The procedure in all other respects upon review shall be in accordance with the applicable
provision of section 24-4-106, C.R.S.
Source: L. 94: Entire tide amended with relocations, p. 2474, § 1, effective January 1,
1995. L. 96: (2)(c) amended, p. 1209, § 4, effective July 1.
42-7-202. Report of accident required. (Repealed)
Source: L. 94: Entire title amended with relocations, p. 2475, § 1, effective January 1,
1995. L. 96: (1) and (3) amended, p. 1209, § 5, effective July 1. L. 2003: (5) amended,
p. 1575, § 14, effective July 1. L. 2004: Entire section repealed, p. 462, § 1, effective
August 4.
PART 3
SECURITY AND PROOF OF
FINANCIAL RESPONSIBILITY IN
CONNECTION WITH ACCIDENTS
42-7-301. Security and proof of financial responsibility for the future required
under certain circumstances. (1) Unless exempt under section 42-7-302, an operator or
owner named in an accident report required to be filed pursuant to section 42-4-1606 shall
file with the director, according to the procedure provided by this section, both:
(a) Security, in an amount specified after consideration of the accident report and
written substantiation of such report as provided in paragraph (b) of subsection (3) of this
section, which is sufficient to satisfy any judgments for damages or injuries resulting from
the accident as may be recovered against such operator or owner but which in no event shall
exceed the sum of thirty-five thousand dollars; and
(b) Proof of financial responsibility for the future.
(2) Based upon a report filed pursuant to section 42-4- 1 606, the director shall determine
whether an operator or owner is required to comply with the provisions of this article and,
if so, shall:
(a) Within fifteen days after receipt of the accident report, inform each such operator
and each such owner of such requirement and that the operator or owner's license or
nonresident's operating privilege will be suspended if the operator or owner fails to comply
with the provisions of this article;
(b) Within sixty days after receipt of the accident report, send written notice of the
requirement of filing security and proof of financial responsibility for the future to each such
owner and each such operator at his or her last-known address, by first-class mail pursuant
to section 42-2-119 (2).
(3) The notice specified in paragraph (b) of subsection (2) of this section shall state that:
(a) The license or nonresident's operating privilege of the person so notified is subject
to suspension and shall be suspended unless such person, within twenty days after the
mailing of such notice by the director, establishes that the requirements of this section are
not applicable to such person or that such person previously filed or then files both security
and proof of financial responsibility for the future as provided in paragraphs (a) and (b) of
subsection (1) of this section.
42-7-301 Vehicles and Traffic Title 42 - page 594
(b) Any person having a claim for property damage or personal injury may be required
by the director to substantiate such claim by written statement sworn to by a person
experienced in estimating the cost of repairing the property damaged and a written report
as to the personal injury sworn to by a licensed physician.
(c) The person notified is entitled to a hearing and judicial review as provided in section
42-7-201.
(d) The date on which such person* s license or nonresident's operating privilege would
otherwise be suspended shall be postponed during the pendency of such hearing if the
request for a hearing is made within twenty days after the mailing of said notice and if the
person files security and evidence of current liability insurance in the respondent's name.
(4) Upon expiration of such twenty-day period without a request for hearing or
compliance with the contents of the notice as specified in subsection (3) of this section, such
person's license or nonresident's operating privilege shall be suspended unless and until
such person files security and proof of financial responsibility for the future as provided in
paragraphs (a) and (b) of subsection (1) of this section.
(5) When no accident report is filed or when erroneous or incomplete information is
given, the director, with regard to the matters set forth in this article, shall, after receipt of
correct information with respect to said matters, take whatever appropriate action is
indicated, consistent with the provisions of this article.
(6) No policy or bond shall be effective under this section unless issued by an insurance
company or surety company authorized to do business in this state, but the surety
requirements of this section may be satisfied by evidence of a savings account, deposit, or
certificate of deposit meeting the requirements of section 11-35-101, C.R.S. However, if a
motor vehicle was not registered in this state, or if a motor vehicle was registered elsewhere
than in this state at the effective date of the policy or bond, or the most recent renewal
thereof, such policy or bond shall not be effective under this section unless the insurance
company or surety company, if not authorized to do business in this state, executes a power
of attorney authorizing the director to accept, on its behalf, service of notice or process in
any action upon such policy or bond arising out of such accident.
(7) (a) (I) The security required pursuant to paragraph (a) of subsection (1) of this
section may, in whole or in part, take the form of a contract between a person having a claim
for property damage or personal injury and the operator or owner. Any such contract shall
require notice by first-class mail to any obligor in default at the obligor's last-known
address and allowing at least a ten-day period after mailing for the obligor to cure the
default before remedies become available.
(II) The director shall prescribe the form of any contract authorized by subparagraph (I)
of this paragraph (a).
(b) The director shall immediately suspend the license of a person obligated under a
contract used as security pursuant to paragraph (a) of this subsection (7), upon receipt of
evidence from the creditor in the form of an affidavit that:
(I) The obligor has defaulted on any payment obligation under the contract;
(II) Notice of the default has been sent to the obligor by certified mail; and
(HI) The obligor has failed to cure the default within fifteen days after the date of
mailing of the notice.
Source: L. 94: Entire title amended with relocations, p. 2476, § 1, effective January 1,
1995. L. 95: (3)(d) amended, p. 961, § 22, effective May 25; (7) added, p. 1215, § 2,
effective July 1. L. 96: IP(1), IP(2), and (3)(d) amended, p. 1210, § 6, effective July 1.
L. 2004: IP(1) amended, p. 464, § 4, effective August 4.
ANNOTATION
Section held constitutional. See In re Ques- received by him. People v. Neal, 191 Colo. 302,
tions Submitted by United States EHst. Court, 552 P.2d 508 (1976).
179 Colo. 270, 499 P.2d 1169 (1972). When the motor vehicle department under-
There is no requirement that the order of took to mail to appellee the order of suspension,
suspension be sent to the licensed driver or be it was a wholly gratuitous action, and failure to
Title 42 - page 595 Motor Vehicle Financial Responsibility Law
42-7-302
prove that appellee received the superfluous
mailing which is not required by law was not
fatal to the prosecution of the offense of driving
an automobile while her license was under sus-
pension. People v. Neal, 191 Colo. 302, 552 P.2d
508 (1976).
Sufficient notice. Where appellee was in-
volved in an automobile accident on or about
August 16, 1973, and on November 20, 1973,
she acknowledged receipt of a notice dated No-
vember 14, 1973, wherein she was informed that
failure upon her part to comply with at least one
of several alternatives within 20 days "will
cause suspension of your driver's license'*, this
notice comported with the provisions of this
section. People v. Neal, 191 Colo. 302, 552 P.2d
508 (1976).
Burden on motorist to show no possibility
of judgment be rendered. It was legislative
intent to place burden upon uninsured motorist
of showing that there is not a reasonable possi-
bility of judgment being rendered against him
and that therefore provisions of section are not
applicable to him. In re Questions Submitted by
United States Dist. Court, 179 Colo. 270, 499
P.2d 1169 (1972).
Posting of security or suspension of driving
privileges is required only when there is rea-
sonable possibility of judgment being ren-
dered against person involved. In re Questions
Submitted by United States Dist. Court, 179
Colo. 270, 499 P.2d 1169 (1972); Sandoval v.
Heckers, 350 F. Supp. 127 (D. Colo. 1972).
Applied in Rael v. Motor Vehicle Div., 42
Colo. App. 66, 589 P.2d 515 (1979).
42-7-301.5. Proof of financial responsibility. (1) Any person who presents an
altered or counterfeit letter or altered or counterfeit insurance identification card from an
insurer or agent for the purpose of proving financial responsibility for purposes of this
article shall be in violation of section 18-5-104, C.R.S., and the minimum fine shall be one
thousand dollars. A second or subsequent presentation is a violation of section 18-5-104,
C.R.S., and the minimum fine shall be one thousand five hundred dollars.
(2) Any person who alters or creates a counterfeit letter or insurance identification card
for another violates section 18-5-104, C.R.S., and shall be punished by a minimum fine of
one thousand dollars. A second or subsequent alteration or creation of a counterfeit letter or
insurance identification card is a violation of section 18-5-104, C.R.S., and the fine shall be
one thousand five hundred dollars.
(3) It shall be an affirmative defense that the person did not know or could not have
known that the presented document was altered or counterfeit.
(4) Repealed.
Source: L. 97: Entire section added, p. 1446, § 4, effective July 1. L. 2001: (4)
amended, p. 525, § 14, effective May 22. L. 2003: (4) amended, p. 2649, § 10, effective
July 1. L. 2004: (1) and (2) amended, p. 794, § 5, effective January 1, 2005. L. 2006: (4)
repealed, p. 1010, § 3, effective July 1.
42-7-502. Exemptions from requirement of filing security and proof of financial
responsibility for the future. (1) The requirement of filing security and proof of financial
responsibility for the future pursuant to section 42-7-301 shall not apply:
(a) To any person who qualifies as a self-insurer under section 42-7-501 or who
operates a motor vehicle for a self-insurer under section 42-7-501;
(b) To any person who has been released from liability, or finally adjudicated not liable,
prior to the date the director would otherwise suspend a license or a nonresident's operating
privilege under section 42-7-301 (4);
(c) To the state of Colorado or any political subdivision thereof or any municipality
therein;
(d) To the operation by any employee of the federal government of any motor vehicle
while acting within the scope of such employment;
(e) Repealed.
(f) To the operator or owner if such owner had in effect at the time of such accident an
automobile liability policy with respect to the motor vehicle involved in such accident;
(g) To the operator, if not the owner of such motor vehicle, if there was in effect at the
time of such accident an automobile liability policy or bond with respect to the operation
of motor vehicles not owned by that person;
42-7-303
Vehicles and Traffic
Title 42 - page 596
(h) To the operator or owner if the liability of such operator or owner for damages
resulting from such accident is, in the judgment of the director, covered by any other form
of liability insurance policy or bond or deposit as provided in section 42-7-418;
(i) To the owner of a motor vehicle if at the time of the accident the vehicle was being
operated without the owner's express or implied permission, or was parked by a person who
had been operating such motor vehicle without such permission.
(2) In determining whether any person is exempt from the requirements of section
42-7-301, the director shall rely upon reports or other information submitted and, when
requested by any person affected by an accident to make a finding of fact, shall consider the
report of the investigating officer, if any, the accident reports, and any affidavits of persons
having knowledge of the facts.
Source: L. 94: Entire title amended with relocations, p. 2477, § 1, effective January 1,
1995. L. JH>: (l)(e) repealed, p. 1210, § 7, effective July 1.
ANNOTATION
Constitutionality. Placing the burden upon
the uninsured motorist of showing that there is
not a reasonable possibility of a judgment being
rendered against him is constitutional. Sandoval
v. Heckers, 350 F. Supp. 127 (D. Colo. 1972).
The language "the director finds to be free
from any fault" means a rinding that there is
not a reasonable possibility of a judgment being
rendered against the person whose conduct is
being considered. Sandoval v. Heckers, 350 F.
Supp. 127 (D. Colo. 1972).
Meaning of phrase "free from fault".
"Free from fault*' in subsection (l)(e)(HI)
means that there is not a reasonable possibility
of a judgment being rendered against the person
whose conduct is being considered. Rael v. Mo-
tor Vehicle Div., 42 Colo. App. 66, 589 P.2d 515
(1979).
Uninsured motorist has burden of bringing
himself within exception of this section. In re
Questions Submitted by United States Dist.
Court, 179 Colo. 270, 499 P.2d 1169 (1972).
Subsection (l)(b) refers to a finding that
there is no reasonable possibility of judgment
being rendered against person whose conduct
is being considered. In re Questions Submitted
by United States Dist. Court, 179 Colo. 270, 499
P.2d 1169 (1972).
Although finding of freedom from fault
goes beyond finding as to reasonable possibil-
ity of judgment In re Questions Submitted by
United States Dist. Court, 179 Colo. 270, 499
P.2d 1169 (1972); Rael v. Motor Vehicle Div., 42
Colo. App. 66, 589 P.2d 515 (1979).
While a hearing officer must take comparative
negligence into account when deciding whether
there is a reasonable possibility of a judgment
being entered against an owner or operator, this
does not require specific percentage findings on
each party's negligence. Rael v. Motor Vehicle
Div., 42 Colo. App. 66, 589 P.2d 515 (1979).
42-7-303. Duration of suspension. (1) The license or nonresident's operating priv-
ilege suspended under section 42-7-301 shall remain so suspended and not be renewed, nor
shall any such license be issued to such person, unless there is filed with the director
evidence satisfactory to the director that such person has been released from liability, has
entered into a contract used as security pursuant to section 42-7-301 (7), or has been finally
adjudicated not liable, or until:
(a) Such person deposits and files or there has been deposited and filed on behalf of
such person the security and proof of financial responsibility for the future required under
section 42-7-301; or
(b) Three years have elapsed following the date of such accident and evidence
satisfactory to tie director has been filed with the director that during such period no action
for damages arising out of such accident has been instituted, and such person has filed or
then files and maintains proof of financial responsibility for the future as provided in section
42-7-408; except that a contract used as security pursuant to section 42-7-301 (7) may
provide for a different period of time; or
(c) Three years have elapsed since the failure to timely cure any default, after notice,
under a contract used as security pursuant to section 42-7-301 (7) and evidence satisfactory
to the director has been filed with the department showing that no civil action to enforce the
contract has been filed during such period.
Title 42 - page 597 Motor Vehicle Financial Responsibility Law 42-7-304
(2) If the director determines that the driver is not responsible for any damages to any
other party as a result of the accident, the driver may:
(a) Prevent a suspension from occurring by filing future proof of liability insurance
pursuant to section 42-7-408; or
(b) Reinstate a license, if a suspension has already occurred, by filing future proof of
liability insurance pursuant to section 42-7-408 and paying the reinstatement fee.
Source: L. 94: Entire title amended with relocations, p. 2478, § 1, effective January 1,
1995. L. 95: IP(1) and (l)(b) amended and (lXc) added, p. 1216, § 3, effective July 1.
L. 96: (2) added, p. 1210, § 8, effective July 1. L. 2000: (l)(c) amended, p. 1648, § 42,
effective June 1. L. 2004: IP(1) amended, p. 464, § 5, effective August 4.
ANNOTATION
Applied in Rael v. Motor Vehicle Div., 42
Colo. App. 66, 589 P.2d 515 (1979).
42-7-304. Custody and disposition of security. ( 1 ) Security deposited in compliance
with the requirements of section 42-7-301 shall be placed by the director in the custody of
the state treasurer and shall be applied only to the payment of a judgment rendered against
the person on whose behalf the deposit was made, for damages arising out of the accident
in question in an action at law begun not later than one year after the date of such accident.
Such deposit or any balance thereof shall be returned to the depositor or the depositor's
personal representative, or the person designated by either of them, when evidence
satisfactory to the director has been filed with the director that there has been a release from
liability, or a final adjudication of nonliability, or a warrant for confession of judgment, or
a duly acknowledged agreement, or whenever, after the expiration of one year from the date
of the accident, or within one year after the date of deposit of any security, the director shall
be given reasonable evidence that there is no such action pending and no judgment rendered
in such action left unpaid.
(2) The director may reduce the amount of security ordered in any case within six
months after the date of the accident if , in the director's judgment, the amount originally
ordered is excessive. In case the security originally ordered has been deposited, the excess
deposit over the reduced amount ordered shall be returned immediately to the depositor or
the depositor's personal representative, regardless of any other provisions of this article.
(3) (a) It is the duty of any person having a claim against the security deposited under
the provisions of section 42-7-301, on or before the expiration of one year from the date of
the accident, to notify the director in writing under oath that there has been a release of
liability, or a final adjudication of nonliability, or a warrant for confession of judgment, or
a duly acknowledged agreement or that there is no action pending and no judgment
rendered in any such action left unpaid or of any action taken on said claim which has not
been finally determined.
(b) If any claimant fails to notify the director in writing under oath as provided in
paragraph (a) of this subsection (3), the director shall notify the state treasurer to that effect
and the state treasurer may, upon receipt of said notification, void the obligation provided
for in section 42-7-301 and release and return the security to the depositor. The state
treasurer shall then be fully and completely released from any further obligation or liability
in relation thereto.
(c) Where said depositor cannot be located, the state treasurer shall notify the depositor
by registered or certified mail, return receipt requested, addressed to the last-known address
of said depositor, advising said depositor that the depositor must either appear and claim the
security deposited within thirty days from the date of receipt of said letter, or said security
will escheat to the general fund of the state of Colorado. If said depositor does not appear
within the thirty-day period, the state treasurer shall void the obligation as provided in
section 42-7-301, and the security shall escheat to the general fund of the state of Colorado,
relieving the state treasurer of any further obligation or liability in relation thereto.
42-7-401 Vehicles and Traffic Title 42 - page 598
Source: L. 94: Entire title amended with relocations, p. 2479, § 1, effective January 1,
1995.
Cross references: For unclaimed property, see article 13 of title 38.
PART 4
PROOF OF FINANCIAL RESPONSIBILITY -
JUDGMENTS AND CONVICTIONS
42-7-401. Proof required on judgments. (1) The director shall also suspend the
license issued to any person upon receiving an affidavit from the judgment creditor that such
person has failed for a period of thirty days to satisfy any final judgment in amounts and
upon a cause of action as stated in this article, or, in a criminal proceeding arising from the
use or operation of a motor vehicle, has failed to comply with the terms of any order of
restitution made as a condition of probation pursuant to section 18-1.3-205, C.R.S.
(2) The judgment referred to means a final judgment of any court of competent
jurisdiction in any state or of the United States against a person as defendant upon a cause
of action as stated in this article.
(3) The judgment referred to means any final judgment for damage to property in
excess of one hundred dollars or for damages in any amount for or on account of bodily
injury to or death of any person resulting from the operation of any motor vehicle upon a
highway.
(4) This article shall not apply to any such judgment rendered against this state or any
political subdivision thereof or any municipality therein.
Source: L. 94: Entire title amended with relocations, p. 2480, § 1, effective January 1,
1995. L. 95: (1) amended, p. 1216, § 4, effective July 1. L. 2002: (1) amended, p. 1564,
§ 378, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(1), see section 1 of chapter 318, Session Laws of Colorado 2002.
ANNOTATION
Law reviews. For article, "Recovery of In-
terest: Part n — Other Than Personal Injury",
see 18 Colo. Law. 1307 (1989).
42-7-402. Suspension, duration, bankruptcy. (1) The suspension required in sec-
tion 42-7-401 shall remain in effect and no new license shall be issued to such person unless
and until such judgment is satisfied or vacated or execution therein stayed and proof of
financial responsibility given, except under the conditions stated in this article.
(2) A discharge in bankruptcy following the rendering of any such judgment shall
relieve the judgment debtor from any of the requirements of this article.
Source: L. 94: Entire title amended with relocations, p. 2480, § 1, effective January 1,
1995.
ANNOTATION
Applied in Briner v. Charnes, 10 Bankr. 850
(Bankr. D. Colo. 1981).
42-7-403. Sufficiency of payments. ( 1 ) Every judgment referred to in this article and
for the purposes of this article shall be deemed satisfied:
Title 42 - page 599 Motor Vehicle Financial Responsibility Law 42-7-405
(a) When twenty-five thousand dollars has been credited upon any judgment rendered
in excess of that amount for or on account of bodily injury to or the death of one person as
the result of any one accident; or
(b ) When, subject to said limit of twenty-five thousand dollars as to one person, the sum
of fifty thousand dollars has been credited upon any judgment rendered in excess of that
amount for or on account of bodily injury to or the death of more than one person as the
result of any one accident; or
(c) When fifteen thousand dollars has been credited upon any judgment rendered in
excess of that amount for damage to property of others in excess of one hundred dollars as
a result of any one accident; or
(d) When six years have elapsed since the date that such judgment became final; or
(e) When three years, or such other period as authorized pursuant to section 42-7-408
(1), have elapsed since the judgment debtor gives proof of financial responsibility; except
mat this paragraph (e) shall not apply to any judgment debtor subject to paragraph (d) of this
subsection (1).
(2) Credit for such amounts shall be deemed a satisfaction of any such judgment in
excess of said amounts only for the purposes of this article.
(3) Whenever payment has been made in settlement of any claims for bodily injury,
death, or property damage arising from a motor vehicle accident resulting in injury, death,
or property damage to two or more persons in such accident, any such payment shall be
credited in reduction of the amounts provided for in this section.
Source: L. 94: Entire title amended with relocations, p. 2480, § 1, effective January 1,
1995. L. 95: (l)(d) amended, p. 709, § 4, effective May 23; (l)(d) amended and (l)(e)
added, p. 1217, § 5, effective July 1.
Editor's note: Amendments to subsection (l)(d) by Senate Bill 95-131 and House Bill 95-1156
were harmonized.
42-7-404. Payment of judgment in installments. (1) The director shall not suspend
a license and shall restore any suspended license following nonpayment of a final judgment
when the judgment debtor gives proof of financial responsibility and obtains an order from
the trial court in which such judgment was rendered permitting the payment of such
judgment in installments of not less than twenty-five dollars per month, while the payment
of any said installment is not in default.
(2) A judgment debtor upon five days' notice to the judgment creditor may apply to the
trial court in which the judgment was obtained for the privilege of paying such judgment
in installments, and the court, in its discretion and without prejudice to any other legal
remedies which the judgment creditor may have, may so order, fixing the amounts and times
of, and the person to receive, payment of the installments.
(3) In the event the judgment debtor fails to pay any installment as permitted by the
order of the court, upon notice of such default supported by an appropriate document from
the court Or by sworn affidavit of either the judgment creditor or the person designated to
receive payments, the director shall immediately suspend the license of the judgment debtor
until said judgment is satisfied as provided in this article.
Source: L. 94: Entire tide amended with relocations, p. 2481, § 1, effective January 1,
1995. L. 95: Entire section amended, p. 1217, § 6, effective July 1.
42-7-405. Suspension upon second judgment After one judgment is satisfied and
proof of financial responsibility is given as required in this article and another such
judgment is rendered against the judgment debtor for any accident occurring prior to the
date of the giving of said proof and such person fails to satisfy the latter judgment within
the amounts specified in this article within thirty days after the same becomes final, the
director shall again suspend the license of such judgment debtor and shall not renew the
42-7-406 Vehicles and Traffic Title 42 - page 600
same nor issue to the judgment debtor any license while such latter judgment remains in
effect and unsatisfied within the amounts specified in this article.
Source: L. 94: Entire title amended with relocations, p. 2481, § 1, effective January 1,
1995.
42-7-406. Proof required under certain conditions. (1) Whenever the director
revokes the license of any person under section 42-2-125 or 42-2-126, or cancels any
license under section 42-2-122 because of the licensee's inability to operate a motor vehicle
because of physical or mental incompetence, or cancels any probationary license under
section 42-2-127, the director shall not issue to or continue in effect for any such person any
new or renewal of license until permitted under the motor vehicle laws of this state, and not
then until and unless such person files or has filed and maintains proof of financial
responsibility as provided in this article; except that persons whose licenses are canceled
pursuant to section 42-2-122 (2.5), revoked pursuant to section 42-2-125 (1) (m), or revoked
for a first offense under section 42-2-125 (1) (g.5) or a first offense under section 42-2-126
(3) (b) or (3) (e) shall not be required to file proof of financial responsibility in order to be
relicensed.
( 1 .5) (a) Whenever the director revokes the license of a person under section 42-2- 1 26
(3) (a), (3) (c), or (3) (d) for a second or subsequent offense and such person was driving
the same vehicle in two or more of such offenses but did not own such vehicle, the director
shall mail a notice to the owner of the vehicle pursuant to section 42-2-119 (2). In such
notice, the director shall inform the owner that:
(I) The operator of the motor vehicle owned by the owner has been involved in multiple
alcohol-related driving violations while operating the owner's vehicle;
(II) Because of the risks to the public connected with the use of the vehicle in
alcohol-related driving violations, it is necessary for the motor vehicle owner to establish
proof of financial responsibility;
(EI) Within thirty days after the date of mailing of the notice, the owner is required to
file proof of financial responsibility for the future pursuant to the requirements of section
42-7-408 or to request a hearing regarding the applicability of this requirement to the
owner;
(IV) The vehicle owner is entitled to a hearing and judicial review pursuant to section
42-7-201;
(V) If the owner has not filed proof of financial responsibility or requested a hearing
within thirty days after the date of mailing of the notice, the department will suspend the
driver's license or nonresident operating privilege of the owner.
(b) If proof of financial responsibility for the future is required under this subsection
(1.5), such proof shall be maintained for a period of three years as required by section
42-7-408 (1) (b).
(c) This subsection (1.5) does not apply to a motor vehicle that is:
(1) Rented from a person, firm, corporation, or other business entity whose primary
business is the rental of motor vehicles; or
(II) Rented or loaned from a person, firm, corporation, or other business entity whose
primary business is operation as a motor vehicle repair facility and who is providing such
motor vehicle to the person while a motor vehicle is being repaired.
(2) (a) Whenever the director suspends the license of any person under section
42-2-127, the director shall not issue a probationary license to such person, nor shall the
director at the termination of such person's period of suspension reinstate, reissue, renew,
or issue a new license to such person unless such person furnishes the director evidence of
insurance to show that the person is then insured, unless such person has deposited or
deposits money or securities as provided in section 42-7-418.
(b) Evidence of insurance required pursuant to this subsection (2) does not require the
use of the form known as the "SR-22" or any substantially similar form.
Source: L. 94: Entire title amended with relocations, p. 2481, § 1, effective January 1,
1995. L. 95: Entire section amended, p. 709, § 5, effective May 23. L. 97: (1) amended,
Title 42 - page 601 Motor Vehicle Financial Responsibility Law
42-7-408
p. 1536, § 1, effective July 1; (1) amended, p. 1388, § 9, effective July 1; (1) amended, p.
1469, § 16, effective July 1. L. 98: (1) amended, p. 1436, § 9, effective July 1; (1.5)
added, p. 1241, § 7, effective July 1. L. 99: (1) amended, p. 392, § 4, effective July 1.
L. 2002: (1) amended, p. 1586, § 20, effective July 1. L. 2003: (1) amended, p. 1905, § 6,
effective July 1. L. 2008: (1) and IP(1.5)(a) amended, p. 254, § 24, effective July 1.
L. 2009: (1) amended, (HB 09-1266), ch. 347, p. 1821, § 15, effective August 5.
Editor's note: Amendments to subsection (1) by House Bill 97-1003, House Bill 97-1125, and
House Bill 97-1301 were harmonized.
Cross references: For the legislative declaration contained in the 1998 act enacting subsection
(1.5), see section 1 of chapter 295, Session Laws of Colorado 1998.
ANNOTATION
Driving status of "denied" continues until
conditions met Before a person against whom
an order of denial has been entered is entitled to
operate a motor vehicle, he must reapply for a
new license at the end of the period of denial,
pay the restoration fee required by § 42-2-
124(3), file proof of financial responsibility as
required by subsection (1) of this section, and
must be in receipt and possession of the new
license. Unless and until these conditions are
satisfied, his driving status as "denied" contin-
ues and he is subject to prosecution under § 42-
2-130(l)(a) for driving under denial. People v.
Lessar, 629 P.2d 577 (Colo. 1981).
The department must postpone the suspen-
sion of a license if the vehicle owner requests
a hearing; however, because the vehicle owner
failed to produce proof of financial responsibil-
ity at the hearing, the suspension would not be
reversed. Further, the statute's requirements for
proving financial responsibility are not uncon-
stitutionally vague. Zelenoy v. Colo. Dept of
Rev., 192 P.3d 538 (Colo. App. 2008).
Applied in Zucchini v. Colo. Dept. of Rev.,
620 P.2d 247 (Colo. App. 1980); Briner v.
Charnes, 10 Bankr. 850 (Bankr. D. Colo. 1981);
Colo. Dept. of Rev. v. Smith, 640 P. 2d 1143
(Colo. 1982).
42-7-407. Duty of courts to report The clerk of a court or the judge of a court which
has no clerk shall forward to the director a certified record of any judgment for damages,
the rendering and nonpayment of which judgment requires the director to suspend the
license and registrations in the name of the judgment debtor under this article. This record
shall be forwarded to the director immediately upon the expiration of thirty days after such
judgment becomes final and when such judgment has not been stayed or satisfied within the
amounts specified in this article, as shown by the records of the court.
Source: L. 94: Entire tide amended with relocations, p. 2482, § 1, effective January 1,
1995.
42-7-408. Proof of financial responsibility - methods of giving proof - duration -
exception. (1) (a) Proof of financial responsibility for the future, when required under
this article, may be given by the following alternate methods:
(I) Proof that a policy of liability insurance has been obtained and is in full force and
effect or that a bond has been duly executed or that deposit has been made of money; or
(II) Securities as provided in section 42-7-418.
(b) Proof of financial responsibility for the future in the amounts provided in section
42-7-103 (14) shall be maintained for three years from the date last required and shall be
furnished for each motor vehicle registered during that period; except that, if during such
three-year period the insured has not been licensed to drive pursuant to this tide, the insured
shall be credited with the nonlicensed time toward the three-year period.
(c) Notwithstanding the three-year requirement in paragraph (b) of this subsection (1):
(I) If an insured has been found guilty of DUI, DUI per se, DWAI, or habitual user or
if the insured's license has been revoked pursuant to section 42-2-126, other than a
revocation under section 42-2-126 (3) (b) or (3) (e), only one time and no accident was
involved in such offense, proof of financial responsibility for the future shall be required to
be maintained only for as long as the insured* s driving privilege is ordered to be under
42-7-409 Vehicles and Traffic Title 42 - page 602
restraint, up to a maximum of three years. The time period for maintaining the future proof
of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
(II) If an insured has been found guilty of a second or subsequent offense of UDD with
a BAC of at least 0.02 but not more than 0.05 or if the insured's driver's license has been
revoked because of a second or subsequent offense pursuant to section 42-2-126 (3) (b) or
(3) (e), proof of financial responsibility for the future shall be required to be maintained only
for as long as the insured's driving privilege is ordered to be under restraint. The time period
for maintaining the future proof of liability insurance shall begin at the time the driver
reinstates his or her driving privilege.
(2) The term of the policy of liability insurance or the bond submitted as proof of
financial responsibility for the future shall be for a minimum of three months.
(3) If an insured's driver's license is cancelled pursuant to section 42-2-125 (4), and
after such cancellation neither a court of competent jurisdiction nor an administrative
hearing officer determines that the charges have been proved, the insured shall not be
required to comply with the proof of financial responsibility requirements stated in this
section.
(4) If at any time when insurance is required to be maintained in accordance with
section 42-4-1409 or this article it is not so maintained or becomes invalid, the director shall
suspend the driver's license of the person who has not maintained the required insurance
and shall not reinstate the license of such person until future proof of financial responsibility
is provided in accordance with section 42-7-406 (1).
(5) Repealed.
(6) (a) Upon receipt of evidence from an agency of another state or foreign jurisdiction
that a former Colorado resident has obtained a license in such state or foreign jurisdiction,
the director shall suspend the requirement for proof of financial responsibility for the future
until such time as the former resident has made application for a new Colorado license.
(b) If such former resident makes application for a Colorado driver's license, the
director shall reinstate the requirement for proof of financial responsibility for the future
until such time as the original requirement to maintain proof of financial responsibility for
the future has expired.
Source: L. 94: Entire title amended with relocations, p. 2482, § 1, effective January 1,
1995. L. 95: (1) amended and (3) added, p. 709, § 6, effective May 23. L. 96: (l)(c)
amended and (4) and (5) added, p. 1211, § 9, effective June 1. L. 97: (6) added, p. 338,
§ 1, effective April 19; (l)(c) and (5) amended, p. 1388, § 10, effective July 1; (l)(c)
amended, p. 1470, § 17, effective July 1. L. 98: (l)(c)(II) amended, p. 176, § 8, effective
April 6. L. 2008: (l)(c) amended, p. 254, § 25, effective July 1.
Editor's note: (1) Amendments to subsection (l)(c) by House Bill 97-1003 and House Bill
97-1301 were harmonized.
(2) Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 1998. (See L. 97,
p. 1388.)
ANNOTATION
This section touches on the matter of proof P.2d 982 (1963) (decided under repealed § 13-
of insurance liability and certification. Am. 7-18, C.R.S. 1963).
Serv. Mut. Ins. Co. v. Parviz, 153 Colo. 490, 386
42-7-409. Proof for member of family or chauffeur. Whenever the director deter-
mines that any person required to give proof by reason of a conviction is not the owner of
a motor vehicle but was at the time of such conviction a chauffeur or motor vehicle operator,
however designated, in the employ of an owner of a motor vehicle or a member of the
immediate family or household of the owner of a motor vehicle, the director shall accept
proof of financial responsibility given by such owner in lieu of proof given by such other
Title 42 - page 603 Motor Vehicle Financial Responsibility Law
42-7-411
person so long as such latter person is operating a motor vehicle for which the owner has
given proof as provided in this article. No such license shall be reinstated and no new
license issued until otherwise permitted under the laws of this state.
Source: L. 94: Entire title amended with relocations, p. 2482, § 1, effective January 1,
1995.
42-7-410. Certificate for insurance policy. ( 1 ) Proof of financial responsibility may
be made by filing with the director the written certificate of any insurance carrier duly
authorized to do business in this state, certifying that it has issued to or for the benefit of
the person furnishing such proof and named as the insured a motor vehicle liability policy
or in certain events an operator's policy, meeting the requirements of this article, and that
said policy is then in full force and effect. Such certificate shall give the dates of issuance
and expiration of such policy and shall explicitly describe all motor vehicles covered
thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.
(2) The director shall not accept any certificate unless the same covers all motor
vehicles registered in the name of the person furnishing such proof as owner and an
additional certificate shall be required as a condition precedent to the subsequent registra-
tion of any motor vehicle or motor vehicles in the name of the person giving such proof as
owner.
Source: L. 94: Entire title amended with relocations, p. 2483, § 1, effective January 1,
1995. L. 96: (1) amended, p. 1211, § 10, effective July 1.
ANNOTATION
Annotator's note. Since this section is sim-
ilar to repealed § 13-7-19, CRS 53, relevant
cases construing § 13-7-19 have been included
in the annotations to this section.
Submission of policy as proof of future
responsibility. This section applies to a driver
having prior accidents, who has manifested fi-
nancial irresponsibility and submits to the direc-
tor a policy as proof of future responsibility in
order that he may continue to operate an auto-
mobile. Safeco Ins. Co. of Am. v. Gonacha, 142
Colo. 170, 350 P.2d 189 (1960); Am. Serv. Mut.
Ins. Co. v. Parviz, 153 Colo. 490, 386 P.2d 982
(1963).
It is not a condition precedent to the right
to drive upon the highways of the state that
one have insurance. Am. Serv. Mut. Ins. Co. v.
Parviz, 153 Colo. 490, 386 P.2d 982 (1963).
Voluntary certification of a general liability
policy to the director of revenue is permitted,
but not required, by this section. United States
Fire Ins. Co. v. Goldstein Transp., 30 Colo. App.
478, 4% P.2d 1079 (1972).
42-7-411. Restrictions in certain type of policy. (1) When a certificate is filed
showing that a policy has been issued covering all motor vehicles owned by the insured but
not insuring such person when operating any motor vehicle not owned by that person, it is
unlawful for such person to operate any motor vehicle not owned by mat person or not
covered by such certificate.
(2) In the event the owner of the motor vehicle desires to be relieved of the restriction
stated in subsection (1) of this section and to be permitted to drive any other motor vehicle,
the owner may have such restrictions removed upon filing a certificate showing that there
has been issued to the owner a policy of insurance insuring the owner as insured against
liability imposed by law upon such an insured for bodily injury to or death of any person
or damage to property to the amounts and limits as provided under section 42-7-103 (14)
with respect to any motor vehicle operated by the insured and which otherwise complies
with the requirements of this article with respect to such type of policy. Such policy is
referred to in this article as an operator's policy.
(3) When the person required to give proof of financial responsibility is not the owner
of a motor vehicle, then an operator's policy of the type and coverage described in
subsection (2) of this section shall be sufficient under this article.
42-7-412 Vehicles and Traffic Title 42 - page 604
Source: L. 94: Entire title amended with relocations, p. 2483, § 1, effective January 1,
1995.
42-7-412. Certificate furnished by nonresident (1) The nonresident owner of a
foreign vehicle may give proof of financial responsibility by filing with the director a
written certificate of an insurance carrier authorized to transact business in the state in
which the motor vehicle described in such certificate is registered or if such nonresident
does not own a motor vehicle then in the state in which the insured resides and otherwise
conforming to the provisions of this article, and the director shall accept the same upon
condition mat said insurance carrier complies with the following provisions of this section:
(a) Said insurance carrier shall execute a power of attorney authorizing the director to
accept service on its behalf of notice or process in any action arising out of a motor vehicle
accident in this state.
(b) Said insurance carrier shall duly adopt a resolution which shall be binding upon it,
declaring that its policies shall be deemed to be varied to comply with the law of this state
relating to the terms of motor vehicle liability policies issued in this article.
(c) Said insurance carrier shall also agree to accept as final and binding any final
judgment of any court of competent jurisdiction in this state duly rendered in any action
arising out of a motor vehicle accident.
(2) If any foreign insurance carrier which has qualified to furnish proof of financial
responsibility defaults in any of said undertakings or agreements, the director shall not
subsequently accept any certificate of said carrier, whether previously filed or subsequently
tendered, as proof of financial responsibility so long as such default continues.
Source: L. 94: Entire title amended with relocations, p. 2483, § 1, effective January 1,
1995.
ANNOTATION
This section touches on the matter of proof P.2d 982 (1963) (decided under repealed § 13-
of insurance liability and certification. Am. 7-21, C.R.S. 1963).
Serv. Mut. Ins. Co. v. Parviz, 153 Colo. 490, 386
42-7-413. Motor vehicle liability policy. (1) "Motor vehicle liability policy", as
used in this article, means a policy of liability insurance issued by an insurance carrier
authorized to transact business in mis state to or for the benefit of the person named therein
as insured, which policy shall meet the following requirements:
(a) The policy of liability insurance shall designate by explicit description or by
appropriate reference all motor vehicles with respect to which coverage is thereby intended
to be granted.
(b) The policy of liability insurance shall insure the person named therein and any other
person using or responsible for the use of said motor vehicle with the express or implied
permission of said insured.
(c) The policy of liability insurance shall insure every such person on account of the
maintenance, use, or operation of the motor vehicle within the continental limits of the
United States or Canada against loss from the liability imposed by law; for damages,
including damages for care and loss of services arising from such maintenance, use, or
operation to the extent and aggregate amount, exclusive of interest and costs, with respect
to each such motor vehicle, in the amounts specified in section 42-7-103 (2).
(2) When an operator's policy of liability insurance is required, it shall insure the
person named therein as insured against the liability imposed by law upon the insured for
bodily injury to or death of any person or damage to property to the amounts and limits set
forth in paragraph (c) of subsection (1) of this section and growing out of the use or
operation by the insured within the continental limits of the United States or Canada of any
motor vehicle not owned by the insured.
(3) Any liability policy issued under this section need not cover any liability of the
Title 42 - page 605 Motor Vehicle Financial Responsibility Law
42-7-413
insured assumed by or imposed upon said insured under any workers' compensation law
nor any liability for damage to property in charge of the insured or the insured's employees.
(4) Any such policy of liability insurance may grant any lawful coverage in excess of
or in addition to the coverage specified in this section or contain any agreements,
provisions, or stipulations not in conflict with the provisions of this article and not otherwise
contrary to law.
(5) Any motor vehicle liability policy which by endorsement contains the provisions
required under this section shall be sufficient proof of ability to respond in damages.
(6) The department may accept several policies of one or more such carriers which
together meet the requirements of this section.
(7) Any binder pending the issuance of any policy of liability insurance, which binder
contains or by reference includes the provisions under this section, shall be sufficient proof
of ability to respond in damages.
Source: L. 94: Entire title amended with relocations, p. 2484, § 1, effective January 1,
1995.
ANNOTATION
Law reviews. For comment on Am. Serv.
Mut. Ins. Co. v. Parviz, appearing below, see 37
U. Colo. L. Rev. 138 (1964). For comment on
Am. Bus Lines v. Am. Sur. Co., appearing be-
low, see 43 Den. L.J. 238 (1966). For article,
"Kohl v. Union Insurance Company: Interpre-
tation and Application of the * Arising Out of the
Use Clause'", see 65 Den. U. L. Rev. 77 (1988).
For article, "Recovery of Interest: Part II —
Other Than Personal Injury", see 18 Colo. Law.
1307 (1989).
Annotator's note. Since this section is sim-
ilar to repealed § 13-7-22, CRS 53, CSA, C. 16,
§ 56, and laws antecedent to CSA, C. 16, § 56,
relevant cases construing these provisions have
been included in the annotations to this section.
"Use" of motor vehicle was causally re-
lated to the accidental discharge of rifle where
accident occurred while insured was preparing
to unload rifle and safely store it for the journey
home. Kohl v. Union Ins. Co., 731 P.2d 134
(Colo. 1986).
This section applies only to policies issued
by an insurance carrier authorized to trans-
act business in this state and to insurance pol-
icies issued in this state by companies organized
under the insurance laws. Am. Serv. Mut. Ins.
Co. v. Parviz, 153 Colo. 490, 386 P.2d 982
(1963).
Applicability of section limited. This section
applies only after a driver has submitted a policy
to the commissioner of insurance as proof of his
financial responsibility. Price v. Sommermeyer,
41 Colo. App. 147, 584 P.2d 1220 (1978), afTd,
198 Colo. 548, 603 P.2d 135 (1979).
A policy of automobile liability insurance is
a contract and is construed in general accor-
dance with the rules for construction of con-
tracts. Waggoner v. Wilson, 31 Colo. App. 518,
507 P.2d 482 (1972).
The requirements of this section become a
part of an insurance contract to which it is
applicable. Universal Indem. Ins. Co. v. Tenery,
96 Colo. 10, 39 P.2d 776 (1934); Traders & Gen.
Ins. Co. v. Pioneer Mut Comp. Co., 127 Colo.
516, 258 P.2d 776 (1953).
Ownership of vehicle and payment of in-
surance premium do not constitute use of or
responsibility for a vehicle for the purposes of
coverage. An insurance carrier is not obliged to
cover a person who owns a vehicle or pays the
insurance premiums when such person is not a
named insured. Mid-Century Ins. Co. v. Heri-
tage Drug, Ltd., 3 P.3d 461 (Colo. App. 1999).
Subsection (l)(b) of this section requires
that a permission clause be included in all
liability policies. Am. Bus Lines v. Am. Sur.
Co., 238 F. Supp. 589 (D. Colo. 1965).
An omnibus clause is neither required by
subsection (l)(c) nor may it be implied by law.
United States Fire Ins. Co. v. Goldstein Transp.,
30 Colo. App. 478, 4% P.2d 1079 (1972).
Representations, as distinguished from
warranties, need not be attached to the auto-
mobile liability insurance contract in order for
the insurer to rely upon the same. Safeco Ins.
Co. of Am. v. Gonacha, 142 Colo. 170, 350P.2d
189 (1960).
False representations material to risk are
grounds to void policy. Where representations
made in an application for automobile liability
insurance are false and material to the risk and
relied upon by the insurer in issuing the policy,
the necessary grounds to void the policy are met.
Safeco Ins. Co. of Am. v. Gonacha, 142 Colo.
170, 350 P.2d 189 (1960).
The purpose of a nono wnership clause is to
provide the insured with coverage while the
insured is engaged in the occasional or infre-
quent use of an automobile other than the one
specified in the policy, but not to provide liabil-
ity coverage in regard to unspecified automo-
biles which are furnished or available for the
42-7-414
Vehicles and Traffic
Title 42 - page 606
insured's frequent or regular use. Waggoner v.
Wilson, 31 Colo. App. 518, 507 P.2d 482 (1972).
Permittee retaining full right or power of
control may turn over operation to another.
Where a named insured grants to another "ac-
tual use" of his automobile, there is no violation
of that permission where the permittee turns
over the mechanical operation of the automobile
to another, but remains in the car with full right
or power of control over its use. Berthrong v.
Certified Indem. Co., 31 Colo. App. 81, 497 P.2d
1273 (1972).
Person accompanied by permittee is cov-
ered by omnibus clause. Where plaintiff was
involved in an automobile accident while driv-
ing a car with the permission and in the com-
pany of one to whom unlimited and unrestricted
use has been given by the insured owner, he
came within the coverage of an omnibus clause
in the owner's policy as an additional insured.
Berthrong v. Certified Indem. Co., 31 Colo.
App. 81, 497 R2d 1273 (1972).
General permission does not convey per-
mittee authority to allow another indepen-
dent use. The general permission given by a
named insured to another to use an automobile
does not convey authority to the permittee to
allow a second person independent use of the
automobile and, where a permittee is using an
automobile beyond the scope of the permission
given him, he will not be held to be an additional
insured under the omnibus clause of an automo-
bile liability policy. Berthrong v. Certified
Indem. Co., 31 Colo. App. 81, 497 P.2d 1273
(1972).
Effect of negligence of renter of automo-
bile. See Universal Indem. Ins. Co. v. Tenery, 96
Colo. 10, 39 P.2d 776 (1934).
Accident must arise under circumstances
reasonably contemplated. To be within the
coverage afforded by an automobile insurance
clause, the accident must arise under circum-
stances which could be reasonably contemplated
by the parties when they entered the agreement.
Beeson v. State Auto. & Cas. Underwriters, 32
Colo. App. 62, 508 P.2d 402, affd, 183 Colo.
284, 516 P.2d 623 (1973).
Gunshot injuries sustained during a traffic
altercation were "caused by accident" and,
therefore, subject to uninsured motorist cover-
age. State Farm Mut. Auto. Ins. Co. v.
McMillan, 925 P.2d 785 (Colo. 1996).
Phrase "caused by accident" was ambig-
uous, and must be construed against the drafter
of the insurance policy. State Farm Mut. Auto.
Ins. Co. v. McMillan, 925 P.2d 785 (Colo.
1996).
42-7-414. Requirements to be complied with. (1) Except as provided in section
42-7-417, no motor vehicle liability policy or operator's policy of liability insurance shall
be issued in this state unless and until all of die requirements of subsection (2) of this
section are met.
(2) Every motor vehicle liability policy and every operator's policy of liability insur-
ance accepted as proof under this article shall be subject to the following provisions whether
or not contained therein:
(a) The liability of the insurance carrier under any such policy shall become absolute
whenever loss or damage covered by such policy occurs, and die satisfaction by the insured
of a final judgment for such loss or damage shall not be a condition precedent to the right
or obligation of the carrier to make payment on account of such loss or damage. No fraud,
misrepresentation, or other act of the insured in obtaining or retaining any such policy, or
in adjusting a claim under any such policy, and no failure of the insured to give any notice,
forward any paper, or otherwise cooperate with the insurance carrier shall constitute a
defense as against the judgment creditor on any such judgment. The insurance carrier shall
not be liable on any such judgment if it has not had reasonable notice of an opportunity to
appear in and defend the action in which such judgment was rendered or if die judgment
was obtained through collusion between the judgment creditor and the insured.
(b) The insurance carrier shall have the right to settle any claim covered by the policy,
and if such settlement is made in good faith, the amount thereof shall be deductible from
the limits of liability specified in the policy.
(c) No such policy shall be cancelled except as provided in this section and section
42-7-416. The notice of cancellation shall be delivered to the named insured in person or
mailed by certified mail, post-office receipt secured, or by registered mail prior to such
cancellation. Unless the contract or policy of insurance provides for a shorter period of
notice, said notice shall be so delivered or mailed to the address shown in the policy not less
than thirty days prior to the date of cancellation. Proof of such mailing shall be sufficient
proof of cancellation. Failure by any insurer to comply with the provisions for cancellation
in this section and section 42-7-416 shall render invalid any such cancellation.
(d) No such policy shall be cancelled or annulled as respects any loss or damage by any
Title 42 - page 607 Motor Vehicle Financial Responsibility Law 42-7-414
agreement between the carrier and the insured after the said insured has become responsible
for such loss or damage, and any such cancellation or annulment shall be void.
(e) The policy may provide mat the insured, or any other person covered by the policy,
shall reimburse the insurance carrier for payment made on account of any loss or damage
claim or suit involving a breach of the terms, provisions, or conditions of the policy. If the
policy provides for limits in excess of the limits specified in section 42-7-103 (14), the
insurance carrier may plead against any plaintiff, with respect to the amount of such excess
limits of liability, any defenses which it may be entitled to plead against the insured, and any
such policy may further provide for the prorating of the insurance thereunder with other
applicable valid and collectible insurance.
(f) The policy, the written application therefor, if any, and any rider or endorsement
which does not conflict with the provisions of this article shall constitute the entire contract
between the parties.
(g) When any insurance carrier authorized to do business within the state of Colorado
issues a policy of automobile insurance insuring against bodily injury, death, or injury to or
destruction of property or showing financial responsibility, except a binder, a complete copy
of the insurance policy shall be transmitted to the purchaser within thirty days of the
purchase thereof; except that, when such policy is renewed, only a copy of the notice of
renewal shall be required. Mailing of the copy of the policy to the address of the purchaser
as given at the time of purchase shall be deemed to be a transmittal as required by this
section.
(3) (a) The insurance carrier that issues a motor vehicle liability policy accepted as
proof under this article shall include the following provision in the policy contract: "If the
insured's whereabouts for service of process cannot be determined through reasonable
effort, the insured agrees to designate and irrevocably appoint the insurance carrier as the
agent of the insured for service of process, pleadings, or other filings in a civil action
brought against the insured or to which the insured has been joined as a defendant or
respondent in any Colorado court if the cause of action concerns an incident for which the
insured can possibly claim coverage. Subsequent termination of the insurance policy does
not affect the appointment for an incident that occurred when the policy was in effect The
insured agrees that any such civil action may be commenced against the insured by the
service of process upon the insurance carrier as if personal service had been made directly
on the insured. The insurance carrier agrees to forward all communications related to
service of process to the last-known e-mail and mailing address of the policyholder in order
to coordinate any payment of claims or defense of claims that are required."
(b) If service of process is made on the insurance carrier under this subsection (3), the
plaintiff shall cause the service of process to be made on the insurance carrier's registered
agent.
(c) If service is obtained under this section, the venue for the underlying claim is the
same as if the defendant is a nonresident.
(d) Except as expressly provided in this subsection (3), this subsection (3) does not alter
or expand the terms and conditions of the insurance policy or liability coverage.
(e) In the contract provision required by this subsection (3), the name of the insurance
carrier issuing the policy shall be substituted for the phrase "The insurance carrier."
(f) If service of process is made on the insurance carrier under this subsection (3) and
the court enters judgment or the insurance carrier agrees to a settlement for the damages
caused by the absent insured, the amount of the insurance carrier's liability shall not exceed
the policy limits of the coverage. A judgment or settlement obtained using service of process
on the carrier shall not bar the injured person from subsequently making personal service
on the person who caused the injury and seeking additional remedies provided by law.
(g) Payment under the policy pursuant to this section shall not be deemed to be an
admission of liability by the alleged tortfeasor and shall not prejudice the right of the
alleged tortfeasor to contest his or her liability or the extent of damages owed to the injured
party.
(h) As used in this subsection (3), "reasonable effort" means service at the defendant's
last-known address, an address obtained from the insurance policy, an address obtained
from a driver's license or motor vehicle registration, or any readily ascertainable successor
address.
42-7-415
Vehicles and Traffic
Title 42 - page 608
Source: L. 94: Entire title amended with relocations, p. 2485, § 1, effective January 1,
1995. L. 2010: (3) added, (HB 10-1164), ch. 196, p. 847, § 3, effective January 1, 2011.
ANNOTATION
Law reviews. For article, "One Year Review
of Contracts", see 34 Dicta 85 (1957). For Com-
ment on Am. Serv. Mut. Ins. Co. v. Parviz, 153
Colo. 490, 386 P.2d 982 (1963), appearing be-
low, see 37 U. Colo. L. Rev. 138 (1964). For
article, 'The 'Catch 22' of Underinsured Mo-
torist Settlements", see 17 Colo. Law. 49
(1988).
Annotator's note. Since this section is sim-
ilar to repealed § 13-7-23, CRS 53, relevant
cases construing § 13-7-23 have been included
in the annotations to this section.
Purpose and provisions of section. The pur-
pose of this section is to foster and promote
insurance coverage or, in the event of accident,
a bond to insure financial responsibility. Its ul-
timate object is to provide compensation for
innocent persons who might be injured through
faulty operation of motor vehicles. Toward these
ends, it provides inter alia that: (1) The insur-
ance carrier's liability shall become absolute
whenever loss or damage covered by the policy
occurs; (2) that attempted satisfaction of final
judgment by insured shall not be a condition
precedent to the obligation of carrier to make
payment; (3) that fraud, misrepresentation or
other act of insured in obtaining the policy shall
not constitute a defense available to the insurer
against a judgment creditor; and (4) limitations
upon the cancellation of a policy. Lucas v. Dis-
trict Court, 140 Colo. 510, 345 P.2d 1064
(1959).
This section applies only to policies issued
by an insurance carrier authorized to trans-
act business in this state and to insurance
policies issued in this state by companies orga-
nized under the insurance laws of this state. Am.
Serv. Mut Ins. Co. v. Parviz, 153 Colo. 490, 386
P.2d 982 (1963).
Absolute liability of carrier. This section
provides that once a policy has been approved
by the commissioner of insurance, the liability
of the insurance carrier thereunder shall become
absolute whenever loss or damage covered by
said policy occurs. Safeco Ins. Co, of Am. v.
Gonacha, 142 Colo. 170, 350 P.2d 189 (1960).
Section has no application where policy
issued upon false representation. In an action
by judgment creditors of the insured against the
insurer on an automobile liability policy, where
the policy sued upon was not issued in conse-
quence of the insured's previous accident record
under the provisions of this section, but was
issued by the insurer upon the false representa-
tions of the insured with respect to his previous
record, this section has no application and it is
error to direct a verdict for plaintiffs. Safeco Ins.
Co. of Am. v. Gonacha, 142 Colo. 170, 350 P.2d
189 (1960).
Applied in Genua v. Kilmer, 37 Colo. App.
365, 546 P.2d 1279 (1976).
42-7-415. When insurance carrier to issue certificate. An insurance carrier which has
issued a motor vehicle liability policy or an operator's policy of liability insurance meeting
the requirements of this article shall upon request of the insured therein deliver to the
insured for filing or at the request of the insured shall file directly with the director an
appropriate certificate showing that such policy has been issued, which certificate shall meet
the requirements of this article. The issuance and delivery or filing of such a certificate shall
be conclusive evidence that every policy therein recited has been duly issued and complies
with the requirements of this article.
Source: L. 94: Entire title amended with relocations, p. 2486, § 1, effective January 1,
1995.
42-7-416. Notice required upon cancellation. When an insurance carrier has certified
a motor vehicle liability policy under this article, it shall give written notice to the director
during the ten-day period immediately following the effective date of the cancellation of
such policy stating that the policy has been cancelled.
Source: L. 94: Entire title amended with relocations, p. 2486, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 1212, § 11, effective July 1.
42-7-417. Article not to affect other policies. (1) This article shall not be held to
, apply to or affect policies of automobile insurance against liability which may be required
Title 42 - page 609 Motor Vehicle Financial Responsibility Law 42-7-421
by any other law of this state, and such policies, if endorsed to conform to the requirements
of this article, shall be accepted as proof of financial responsibility when required under this
article.
(2) This article shall not be held to apply to or affect policies insuring solely the insured
named in the policy against liability resulting from the maintenance, operation, or use of
motor vehicles not owned by the insured by persons in the insured's employ or on the
insured's behalf.
Source: L. 94: Entire title amended with relocations, p. 2486, § 1, effective January 1,
1995.
42-7-418. Money - securities for financial responsibility. (1) A person may give
proof of financial responsibility by delivering to the director money in an amount or
securities approved by said director and of a market value in a total amount as would be
required for coverage in a motor vehicle liability policy furnished by the person giving such
proof under this article. Such securities shall be of a type which may legally be purchased
by savings banks or for trust funds.
(2) All money or securities so deposited shall be subject to execution to satisfy any
judgment mentioned in this article but shall not otherwise be subject to attachment or
execution.
Source: L. 94: Entire title amended with relocations, p. 2487, § 1, effective January 1,
1995.
Cross references: For permitted investments by savings and loan association, see § 11-41-114; for
fiduciary investments, see part 3 of article 1 of title 15.
ANNOTATION
Law reviews. For article, "Recovery of In-
terest: Part II — Other Than Personal Injury",
see 18 Colo. Law. 1307 (1989).
42-7-419. Substitution of proof . The director shall cancel any bond or return any
certificate of insurance or the director shall direct and the state treasurer shall return any
money or securities to the person entitled thereto, upon the substitution and acceptance of
other adequate proof of financial responsibility pursuant to this article.
Source: L. 94: Entire title amended with relocations, p. 2487, § 1, effective January 1,
1995.
42-7-420. Failure of proof - other proof. Whenever any evidence of proof of ability
to respond in damages filed by any person under the provisions of this article no longer
fulfills the purpose for which required, the director, for the purpose of this article, shall
require other evidence of ability to respond in damages as required by this article and shall
suspend the license of such person pending such proof.
Source: L. 94: Entire title amended with relocations, p. 2487, § 1, effective January 1,
1995.
42-7-421. When director may release proof of financial responsibility. (1) The
director, upon request, shall cancel any bond or return any certificate of insurance, or the
director shall direct and the state treasurer shall return to the person entitled thereto any
money or securities deposited pursuant to this article as proof of financial responsibility, or
waive the requirement of filing proof of financial responsibility in any of the following
events:
42-7-422 Vehicles and Traffic Title 42 - page 610
(a) At any time after three years from the date such proof was required, or after any
other period during which proof was required pursuant to section 42-7-408 (1) in the case
of certain violations for an alcohol-related driving offense, if, during such three-year or
other period preceding the request, the person furnishing such proof has not been convicted
of any offense referred to in section 42-7-406; or
(b) In the event of the death of the person on whose behalf such proof was filed, or the
permanent incapacity of such person to operate a motor vehicle; or
(c) In the event the person who has given proof of financial responsibility surrenders
the person's license to the director, but the director shall not release such proof in the event
any action for damages upon a liability referred to in this article is then pending or any
judgment upon any such liability is then outstanding and unsatisfied or in the event the
director has received notice that such person has within the period of three months
immediately preceding been involved as a driver in any motor vehicle accident. An affidavit
of the applicant of the nonexistence of such facts shall be sufficient evidence thereof in the
absence of evidence to the contrary in the records of the department.
(2) Whenever any person to whom proof has been surrendered, as provided in para-
graph (c) of subsection (1) of this section, applies for a license within a period of three years
from the date proof of financial responsibility was originally required, or within any other
period during which proof of financial responsibility was required pursuant to section
42-7-408 (1), any such application shall be refused unless the applicant establishes such
proof for the remainder of such period.
Source: L. 94: Entire title amended with relocations, p. 2487, § 1, effective January 1,
1995. L. 95: (l)(a) and (2) amended, p. 710, § 7, effective May 23.
42-7-422. No proof when proof required. Any person whose license or other privilege
to operate a motor vehicle has been suspended, cancelled, or revoked, and restoration
thereof or issuance of a new license is contingent upon the furnishing of proof of financial
responsibility for the future, and who, during such suspension or revocation or in the
absence of proper authorization from the director, drives any motor vehicle upon any
highway in Colorado except as permitted under this article, is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by imprisonment in the county jail for not less
than five days nor more than six months and, in the discretion of the court, a fine of not less
than fifty dollars nor more than five hundred dollars may be imposed. The minimum
sentence imposed by this section shall be mandatory, and the court shall not grant probation
or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case
where the defendant has established that the defendant had to drive the motor vehicle in
violation of this section because of an emergency, in which case the mandatory jail sentence
does not apply. Such minimum sentence need not be five consecutive days but may be
served during any thirty-day period.
Source: L. 94: Entire title amended with relocations, p. 2488, § 1, effective January 1,
1995.
ANNOTATION
Effect of failure to prove receipt of super- not required by law was not fatal to the prose-
fluous mailing on prosecution. When the mo- cution of the offense of driving an automobile
tor vehicle department undertook to mail to while her license was under suspension. People
appellee the order of suspension, it was a wholly v. Neal, 191 Colo. 302, 552 P.2d 508 (1976).
gratuitous action, and failure to prove that ap- Applied in People v. Mascarenas, 632 P.2d
pellee received the superfluous mailing which is 1028 (Colo. 1981).
Title 42 - page 61 1 Motor Vehicle Financial Responsibility Law 42-7-502
PART 5
GENERAL
42-7-501. Self-insurers. ( 1 ) Any person in whose name more than twenty-five motor
vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-
insurance issued by the commissioner of insurance.
(2) The commissioner of insurance may, in his or her discretion, upon the application
of such person, issue a certificate of self-insurance when the commissioner of insurance is
satisfied that such person is possessed and will continue to be possessed of ability to pay all
judgments that may be obtained against such person. Upon not less than five days* notice
and a hearing pursuant to such notice, the commissioner of insurance may, upon reasonable
grounds, cancel a certificate of self-insurance. Failure to pay any judgment within thirty
days after such judgment has become final shall constitute a reasonable ground for the
cancellation of a certificate of self-insurance.
Source: L. 94: Entire title amended with relocations, p. 2488, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 1078, § 9, effective July 1.
42-7-502. Action against nonresident - reciprocity with other states. (1 ) All of the
provisions of this article shall apply to any person who is not a resident of this state, and
if such nonresident has been convicted of an offense which would require the suspension
or revocation of the license of a resident, or if such nonresident has failed to satisfy a
judgment within thirty days after the same became final which would require suspension or
revocation under this article in respect to a resident, then in either such event such
nonresident shall not operate any motor vehicle in this state, and the director shall not issue
to such nonresident any license unless and until such nonresident gives proof of financial
responsibility and satisfies any such judgment as is required with respect to a resident of this
state.
(2) The director shall transmit a certified copy of any record of any such conviction of
a nonresident to the motor vehicle commissioner or state officer performing the functions
of a commissioner in the state in which such nonresident resides and shall likewise forward
to such officer a certified record of any unsatisfied judgment rendered against such
nonresident which requires suspension of such nonresident's driving privileges in this state.
(3) When a nonresident's operating privilege is suspended pursuant to section 42-7-
301, the director shall transmit a certified copy of the record of such action to the official
in charge of the issuance of licenses in the state in which such nonresident resides, if the
law of such other state provides for action in relation thereto similar to that provided for in
subsection (4) of this section.
(4) Upon receipt of certification that the operating privilege of a resident of this state
has been suspended or revoked in any such other state pursuant to a law providing for its
suspension or revocation for failure to deposit security for the payment of judgments arising
out of a motor vehicle accident or for failure to deposit security and furnish a statement
evidencing that the resident is insured under an automobile liability insurance policy or
bond or for failure to file and maintain proof of financial responsibility, under circumstances
which would require the director to suspend a nonresident's operating privilege had the
accident occurred in this state, the director shall suspend the license of such resident. Such
suspension shall continue until such resident furnishes evidence of compliance with the law
of such other state relating to the deposit of such security and until such resident furnishes
the statement evidencing automobile liability insurance or a bond, or, as the case may be,
files proof of financial responsibility, if required by such law.
Source: L. 94: Entire title amended with relocations, p. 2488, § 1, effective January 1,
1995.
42-7-503
Vehicles and Traffic
ANNOTATION
Title 42 -page 612
Law reviews. For article, "A Decade of Col-
orado Law: Conflict of Laws, Security, Con-
tracts and Equity", see 23 Rocky Mt. L. Rev.
247 (1951). For comment on Warwick v. District
Court, 129 Colo. 300, 269 P.2d 704, appearing
below, see 31 Dicta 439 (1954).
Annotator's note. Since this section is sim-
ilar to repealed CSA, C. 16, § 48(1), a relevant
case construing CSA, C. 16, § 48(1), has been
included in the annotations to this section.
The reason for this section obviously is for
the protection of persons within the border who
may have reason to enforce liability upon the
person so entering the state and using the high-
ways thereof. Such a provision is not necessary,
and does not apply to a person entering the state
for the purpose of residing here in connection
with an employment within the state, as obtains
from the facts herein disclosed. For all purposes
here material, the person so situated and residing
within the state is in the same class as lifelong
residents, and if such person is involved in an
accident in this state and leaves the state shortly
thereafter, it is immaterial. Warwick v. District
Court, 129 Colo. 300, 269 P.2d 704 (1954).
Nonresident subject to act and secretary of
state is his attorney for service of process. The
provisions of this section were intended to, and
do, clearly indicate that whenever a resident of
some other state crosses the border line into this
state, whether on a drive across the country, or
for a short sojourn, he has subjected himself to
the provisions of the statute, and by such entry
made the secretary of state his true and lawful
attorney upon whom service may be had if the
person is involved in any accident or collision
upon the public highway while operating a mo-
tor vehicle thereon. If the time involved is only
one hour or less in crossing a corner of the state,
or into and out thereof, such appointment is in
full force and effect. Warwick v. District Court,
129 Colo. 300, 269 P.2d 704 (1954).
42-7-503. Director to furnish operating record. The director shall, upon request,
furnish any insurance carrier or any person or surety the record of any person subject to the
provisions of this article, which record shall fully designate the motor vehicles, if any,
registered in the name of such person, and if there is no record of any conviction of such
person of a violation of any provision of any statute relating to the operation of a motor
vehicle or of any injury or damage caused by such person as provided in this article, the
director shall so certify. Such records shall be public records and subject to the provisions
of section 42-1-206. No information required to be confidential by the provisions of section
24-72-204 (3.5) (a), C.R.S., shall be released by the director except as provided by that
section. The director shall collect for each such certificate the sum of seventy-five cents.
Source: L. 94: Entire title amended with relocations, p. 2489, § 1, effective January 1,
1995.
42-7-504. Matters not to be evidence in litigation. (1) Except as provided in
subsection (2) of this section, neither action taken by the director pursuant to this article,
any judgment or court decision on appeal therefrom, the findings of the director in such
action, nor the security deposited, statement evidencing automobile liability insurance or
bond, or proof of financial responsibility filed as provided in this article shall be referred to
nor be evidence of the negligence or due care of either party of an action at law to recover
damages or in a criminal proceeding arising out of a motor vehicle accident. This section
shall not apply to an action brought by the director to enforce the provisions of this article.
(2) For the purposes of any civil trial, civil hearing, or arbitration held in relation to
uninsured or underinsured motorist insurance coverage where the question of the existence
of automobile liability insurance is an issue or when the amount of such insurance is an
issue, the director shall issue, upon request, a certificate under seal. The certificate shall
contain the motor vehicle operator's name, address, date of birth, and driver's license
number; the date of the accident; and a statement indicating whether or not the records
indicate that the owner or operator had in effect at the time of the accident an effective
automobile liability policy and, if such a policy was in effect, the amount of coverage, the
name of the insurer, and the number of the policy. Such certificate shall be prima facie
evidence of the facts contained therein. The director shall collect for each such certificate
an amount sufficient to defray the costs of administration of this section. Such amount shall
be included as a cost of the action.
Hue 42 - page 613 Motor Vehicle Financial Responsibility Law 42-7-510
Source: L. 94: Entire title amended with relocations, p. 2490, § 1, effective January 1,
1995. L. 2004: Entire section amended, p. 464, § 6, effective August 4.
42-7-505. Forging ability to respond in damages. Any person who forges or without
authority signs any evidence of ability to respond in damages or who furnishes the director
with a false statement evidencing that such person is insured under an automobile liability
policy or bond, as required by the director in the administration of this article, is guilty of
a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one
hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail
for not more than ninety days, or by both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2490, § 1, effective January 1,
1995.
42-7-506. Surrender of license. (1) Any person whose license has been suspended as
provided in this article and has not been reinstated shall immediately return such license
held by such person to the director. Any person willfully failing to comply with this
requirement is guilty of a misdemeanor.
(2) The director is authorized to take possession of any license upon the suspension
thereof under the provisions of this article or to direct any peace officer to take possession
thereof and to return the same to the office of the director.
Source: L. 94: Entire title amended with relocations, p. 2490, § 1, effective January 1,
1995.
42-7-507. Penalty. Any person who violates any provision of this article for which
another penalty is not prescribed by law is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than one hundred dollars nor more than one
thousand dollars, or by imprisonment in the county jail for not more than ninety days, or by
both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2491, § 1, effective January 1,
1995.
42-7-508. No repeal of motor vehicle laws. This article shall in no respect be
considered as a repeal of the provisions of the state motor vehicle laws, but shall be
construed as supplemental thereto.
Source: L. 94: Entire title amended with relocations, p. 2491, § 1, effective January 1,
1995.
42-7-509. Article does not prevent other process. This article shall not be construed
to prevent the plaintiff in any action at law from relying for security upon the other
processes provided by law.
Source: L. 94: Entire title amended with relocations, p. 2491, § 1, effective January 1,
1995.
42-7-510. Insurance or bond required. (1) An owner of a truck that is subject to the
registration fee imposed pursuant to section 42-3-306 (5) (b) or (7) and that is not subject
to article 10.1 of title 40, C.R.S., before operating or permitting the operation of the vehicle
upon a public highway in this state, shall have in each vehicle a motor vehicle liability
policy or a certificate evidencing the policy issued by an insurance carrier or insurer
authorized to do business in Colorado, or a copy of a valid certificate of self-insurance
issued pursuant to section 10-4-624, C.R.S., or a surety bond issued by a company
42-7-601 Vehicles and Traffic Title 42 - page 614
authorized to do a surety business in Colorado in the sum of fifty thousand dollars for
damages to property of others; the sum of one hundred thousand dollars for damages for or
on account of bodily injury or death of one person as a result of any one accident; and,
subject to such limit as to one person, the sum of three hundred thousand dollars for or on
account of bodily injury to or death of all persons as a result of any one accident.
(2) (a) Every owner of a motor vehicle designed and used for the nonemergency
transportation of individuals with disabilities as defined in paragraph (b) of this subsection
(2), before operating or permitting the operation of such vehicle upon any public highway
in this state, shall file with the department a certificate evidencing a motor vehicle liability
insurance policy issued by an insurance carrier or insurer authorized to do business in the
state of Colorado or a surety bond issued by a company authorized to do a surety business
in the state of Colorado with a minimum sum of fifty thousand dollars for damages to
property of others; a minimum sum of one hundred thousand dollars for damages for or on
account of bodily injury or death of one person as a result of any one accident; and, subject
to such limit as to one person, a minimum sum of three hundred thousand dollars for or on
account of bodily injury to or death of all persons as a result of any one accident.
(b) As used in this subsection (2), a "motor vehicle designed and used for the
nonemergency transportation of individuals with disabilities" means any motor vehicle
designed to facilitate the loading of individuals with physical disabilities confined to a
wheelchair except vehicles owned by the United States government, vehicles owned and
operated by any special transportation district, or privately owned vehicles when such
privately owned vehicles are used by the owner to transport the owner or members of the
owner's family who are confined to a wheelchair.
(3) Any person who violates any provision of this section is guilty of a misdemeanor
and shall be punished according to the provisions of section 42-7-507. If any violation of
this section is committed on behalf of a partnership or corporation, any director, officer,
partner, or high managerial agent thereof who authorized, ordered, permitted, or otherwise
participated in, by commission or omission, such violation is also guilty of a misdemeanor
and shall be punished according to the provisions of section 42-7-507.
Source: L. 94: Entire title amended with relocations, p. 2491, § 1, effective January 1,
1995. L. 95: (1) amended, p. 961, § 23, effective May 25; (1) amended, p. 1211, § 26,
effective May 31. L. 2004: (1) amended, p. 907, § 36, effective May 21. L. 2005: (1)
amended, p. 1179, § 21, effective August 8. L. 2010: (1) amended, (HB 10-1167), ch. 125,
p. 417, § 8, effective April 15; (1) amended, (SB 10-212), ch. 412, p. 2039, § 20, effective
July 1. L. 2011: (1) amended, (HB 11-1198), ch. 127, p. 426, § 28, effective August 10.
Editor's note: (1) Amendments to subsection (1) by Senate Bill 95-173 and House Bill 95-1068
were harmonized.
(2) Amendments to subsection (1) by House Bill 10-1167 and Senate Bill 10-212 were harmo-
nized.
PART 6
UNINSURED MOTORIST
IDENTinCATION DATABASE PROGRAM
42-7-601. Short title. (1) This part 6 shall be known and may be cited as the
"Motorist Insurance Identification Database Program Act".
(2) Repealed.
Source: L. 95: Entire part added, p. 715, § 1, effective May 23. L. 97: Entire section
amended, p. 1447, § 5, effective July 1. L. 2003: (2) repealed, p. 2649, § 11, effective July
1.
42-7-602. Uninsured motorist identification database program - creation. The
general assembly hereby directs the transportation legislation review committee to conduct
Title 42 - page 615 Motor Vehicle Financial Responsibility Law 42-7-604
an examination of the problem of uninsured motorists in this state and to propose legislation
which shall alleviate if not eliminate the problem. The general assembly further directs the
transportation legislation review committee to examine Colorado* s compulsory motor
vehicle insurance system. Such examination shall include a review of whether such system
should be maintained or repealed and whether there are more effective enforcement
mechanisms that might be employed. The committee shall also study the effectiveness of
other enforcement mechanisms including, but not limited to, uninsured motorist database
programs that have been employed in other compulsory insurance states.
Source: L. 95: Entire part added, p. 715, § 1, effective May 23.
42-7-603. Definitions. As used in this part 6, unless the context otherwise requires:
(1) "Database'* means the motorist insurance identification database described in
section 42-7-604 (5).
(2) "Department** means the department of revenue.
(3) "Designated agent** means the party with which the department contracts under
section 42-7-604.
(4) (Deleted by amendment, L. 2000, p. 1649, § 43, effective June 1, 2000.)
(5) "Program** means the motorist insurance identification database program created in
section 42-7-604.
Source: L. 97: Entire section added, p. 1447, § 6, effective July 1. L. 2000: (3) and (4)
amended, p. 1649, § 43, effective June 1.
42-7-604. Motorist insurance identification database program - creation • admin-
istration - selection of designated agent - legislative declaration. (1) The general
assembly hereby finds, determines, and declares mat the purpose of this section is to help
reduce the uninsured motorist population in this state and measure the effectiveness of the
motorist insurance identification database created herein.
(2) The general assembly further recognizes that the information and data required to
be disclosed by insurers in creating and maintaining the motorist insurance identification
database is proprietary in nature. Accordingly, the parties handling such information and
data shall at all times maintain their confidential and proprietary nature.
(3) The motorist insurance identification database program is hereby created for the
purpose of establishing a database to use when verifying compliance with the motor vehicle
security requirements in this article and in articles 3 and 4 of this tide. The program shall
be administered by the department.
(4) (a) The department shall monitor compliance with the financial security require-
ments of this article and may contract with a designated agent to monitor such compliance
with the financial security requirements of this article. If the department contracts with a
designated agent, the agent shall be, authorized to perform all functions of the department
delegated to the agent in the contract
(b) After a contract has been entered into with a designated agent, the department shall
convene a working group for the purpose of facilitating the implementation of the program.
The working group shall consist of representatives of the insurance industry, the division of
insurance, the department of public safety, and the department
(5) (a) The department or its designated agent, using its own computer network, shall
develop and maintain a computer database with information provided by:
(I) Insurers, pursuant to section 10-4-615, C.R.S.; except that any person who qualifies
as self-insured pursuant to section 10-4-624, C.R.S., shall not be required to provide
information to the department; and
CD) The department shall compare the make, year, and vehicle identification number of
all registered vehicles to policy information provided by insurers.
(b) The department shall establish guidelines for the development and maintenance of
a database so that the database can easily be accessed by state and local law enforcement
agencies.
42-7-605 Vehicles and Traffic Title 42 - page 616
(c) The department shall:
(I) Provide an internet option that allows insurers and their agents, including commer-
cial insurers, to submit insurance information directly to the designated agent. Each insurer
shall cooperate with the verification process.
(H) Provide a reasonable and adequate quality control process to ensure the accurate
input of data, including the vehicle identification numbers and insurance information;
(HI) (Deleted by amendment, L. 2006, p. 1011, § 7, effective July 1, 2006.)
(IV) Provide each county clerk access to the most currently available data from the
database of insurance information.
(6) The department shall, at least weekly:
(a) Update the database with information provided by insurers in accordance with
section 10-4-615, C.R.S.;
(b) Compare then-current motor vehicle registrations against the database.
(6.5) and (7) Repealed.
(8) The department, in cooperation with the division of insurance, shall promulgate
rules and develop procedures for administering and enforcing this part 6. Such rules shall
specify the reporting requirements that are necessary and appropriate for commercial lines
of insurance and shall be developed with input by insurers and the designated agent.
Source: L. 97: Entire section added, p. 1448, § 6, effective July 1. L. 98: (3) amended,
p. 787, § 4, effective July 1, 1999. L. 2000: (3), (4), (5)(a)(H), (5)(b), (7), and (8) amended,
p. 1649, § 44, effective June 1. L. 2002: (7) amended, p. 1034, § 77, effective June 1; (7)
amended, p. 872, § 10, effective August 7. L. 2003: (5)(c) added and (6.5) and (7)
repealed, pp. 2649, 2650, §§ 12, 13, effective July 1. L. 2004: (5)(a)(I) amended, p. 907,
§ 37, effective May 21; (5)(a)(I) and (5)(c)(m) amended, p. 795, § 6, effective January 1,
2005. L. 2006: (4)(a), (5), IP(6) amended, p. 1011, § 7, effective July 1.
Editor's note: Amendments to subsection (7) by Senate Bill 02-159 and House Bill 02-1341 were
harmonized.
42-7-605. Notice of lack of financial responsibility. (Repealed)
Source: L. 97: Entire section added, p. 1449, § 6, effective July 1. L. 2000: IP(1) and
(3) amended, p. 1650, § 45, effective June 1. L. 2001: IP(1) amended, p. 523, § 7,
effective May 22. L. 2003: (5) added, p. 1885, § 1, effective May 22; (l)(a) amended, p.
1575, § 15, effective July 1. L. 2004: (5) amended, p. 907, § 38, effective May 21; (1) and
(5) amended, p. 795, § 7, effective January 1, 2005. L. 2005: IP(l)(a) amended, p. 1179,
§ 22, effective August 8. L. 2006: Entire section repealed, p. 1012, § 8, effective July 1.
42-7-606. Disclosure of insurance information - penalty. (1 ) Information provided
by insurers and the department for inclusion in the database established pursuant to section
42-7-604 is the property of the insurer or the department, as the case may be, and may not
be disclosed except as follows:
(a) The department shall verify a motor vehicle's insurance coverage upon request by
any state or local government agency investigating, litigating, or enforcing such motor
vehicle's compliance with the financial security requirements.
(b) The department shall disclose whether a motor vehicle has the required insurance
coverage upon request by the following individuals and agencies only:
(I) The owner;
(II) The parent or legal guardian of the owner if the owner is an unemancipated minor;
(HI) The legal guardian of the owner if the owner is legally incapacitated;
(IV) Any person who has power of attorney from the owner;
(V) Any person who submits a notarized release from the owner that is dated no more
than ninety days before the date the request is made;
(VI) Any person suffering loss or injury in a motor vehicle accident, but only as part
of an accident report authorized in part 16 of article 4 of this title; or
Title 42 -page 617 Port of Entry Weigh Stations 42-7-609
(VII) The office of the state auditor, for the purpose of conducting any audit authorized
hy law.
(2) Any person or agency who knowingly discloses information from the database for
a purpose or to a person other than those authorized in this section commits a class 1
misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
(3) The state shall not be liable to any person for gathering, managing, or using
information in the database pursuant to this part 6.
(4) The designated agent shall not be liable to any person for performing its duties
under mis part 6, unless and to the extent said agent commits a willful and wanton act or
omission. The designated agent shall be liable to any insurer damaged by the designated
agent's negligent failure to protect the confidential and proprietary nature of the information
and data disclosed by the insurer to the designated agent.
(5) The designated agent shall provide to this state an errors and omissions insurance
policy covering said designated agent in an appropriate amount
(6) No insurer shall be liable to any person for performing its duties under this part 6,
unless and to the extent the insurer commits a willful and wanton act or omission.
Source: L. 97: Entire section added, p. 1450, § 6, effective July 1. L. 2000: IP(1) and
IP(l)(b) amended, p. 1650, § 46, effective June 1. L. 2002: (2) amended, p. 1564, § 379,
effective October 1. L. 2006: IP(1) and (l)(a) amended, p. 1014, § 9, effective July 1.
L. 2007: (1) amended, p. 208, § 1, effective August 3.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(2), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-7-607. Part 6 not to supersede other provisions. This part 6 shall not supersede
other actions or penalties that may be taken or imposed for violation of the financial security
requirements of this article.
Source: L. 97: Entire section added, p. 1451, § 6, effective July 1.
42-7-608. Review by department of regulatory agencies - repeal. (Repealed)
Source: L. 97: Entire section added, p. 1451, § 6, effective July 1. L. 2001: Entire
section amended, p. 522, § 1, effective May 22. L. 2003: Entire section repealed, p. 2646,
§ 2, effective July 1.
42-7-609. Report The department of revenue shall submit a report, in consultation
with the division of insurance, regarding the effectiveness of the motorist insurance
database, including without limitation the department's recommendations on whether the
program should be continued and on whether enforcement mechanisms should be instituted
or changed. The report shall be submitted to the house business affairs and labor committee
of the general assembly by January 1, 2008.
Source: L. 97: Entire section added, p. 1451, § 6, effective July 1. L. 2001: Entire
section amended, p. 522, § 2, effective May 22. L. 2003: Entire section amended, p. 2646,
§ 3, effective July 1. L. 2006: Entire section amended, p. 1011, § 6, effective July 1.
PORT OF ENTRY WEIGH STATIONS
ARTICLES
Port of Entry Weigh Stations
42-8-101. Legislative declaration. 42-8-103. Ports of entry - operation by
42-8-102. Definitions. Colorado state patrol.
42-8-101
Vehicles and Traffic
Title 42 -page 618
42-8-104.
Powers and duties - rules.
42-8-109.
Fines and penalties.
42-8-105.
Clearance of motor vehicles
42-8-110.
Expenses of administration
at port of entry weigh sta-
appropriated from the high-
tions.
way users tax fund.
42-8-106.
Issuance of clearance receipts.
42-8-111.
Cooperative agreements with
42-8-107.
Construction and rights-of-
contiguous states for opera-
way.
tions of ports of entry -
42-8-108.
Cooperation among depart-
ments.
rules.
42-8-101. Legislative declaration. In order to facilitate enforcement of the laws of the
state of Colorado concerning motor carriers and the owners and operators of motor vehicles;
to equally distribute the payments of any fees, licenses, or taxes imposed by the laws of this
state on motor carriers and the owners and operators of motor vehicles, and to effect the
collection thereof; and to assist motor carriers and the owners and operators of motor
vehicles to comply with all tax laws, rules, and regulations pertaining to them, it is declared
necessary to establish port of entry weigh stations on the public highways of this state.
Source: L. 94: Entire title amended with relocations, p. 2492, § 1, effective January 1,
1995.
42-8-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Motor vehicles" means trucks, truck tractors, trailers, and semitrailers or combi-
nations thereof.
(2) "Person" means an individual, a partnership, a corporation, a company, or an
association.
(3) "Port of entry officer" means a uniformed member of the Colorado state patrol who
is not a patrolman and whose powers and duties are described in section 42-8-104 (2).
Source: L. 94: Entire title amended with relocations, p. 2492, § 1, effective January 1,
1995. L. 2012: (3) added, (HB 12-1019), ch. 135, p. 468, § 12, effective July 1.
42-8-103. Ports of entry - operation by Colorado state patrol.
(1) (Deleted by amendment, L. 2012.)
(2) The chief of the Colorado state patrol shall be responsible for establishing and
operating port of entry weigh stations at such points along the public highways of this state
as are determined to be necessary to carry out the purposes of this article. The chief shall
authorize permanent port of entry weigh stations and mobile port of entry weigh stations to
be established and operated by the Colorado state patrol. The location or relocation of the
stationary or mobile port of entry weigh stations shall be determined by the chief.
Source: L. 94: Entire title amended with relocations, p. 2492, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 386, § 3, effective April 17; entire section
amended, p. 1551, § 11, effective July 1. L. 2012: Entire section amended, (HB 12-1019),
ch. 135, p. 469, § 13, effective July 1.
Editor's note: Amendments to this section by House Bill 96-1114 and Senate Bill 96-084 were
harmonized.
Cross references: For the department of revenue and divisions thereunder, see § 24-1-117.
42-8-104. Powers and duties - rules. ( 1 ) The chief of the Colorado state patrol shall
issue such rules as the chief deems necessary to implement this article and carry out its
purposes. All permanent port of entry weigh stations established under the authority of this
article shall be operated at times determined by the chief so as to reasonably allow owners
and operators of motor vehicles subject to fees, licenses, or taxes or to rules imposed by the
state of Colorado to comply with all such laws and rules by clearance at a port of entry
Tide 42 - page 619 Port of Entry Weigh Stations 42-8-105
weigh station. All port of entry weigh stations, either permanent or mobile, shall be
equipped with weighing equipment approved as to accuracy by the division of inspection
and consumer services of the department of agriculture.
(2) A port of entry officer, during the time that he or she is actually engaged in
performing his or her duties as such and while acting under proper orders or rules issued by
the chief of the Colorado state patrol, shall have and exercise all the powers invested in
peace officers in connection with the enforcement of the provisions of this article, articles
2, 3, and 20 of this title, part 5 of article 4 of this title, and sections 42-4-209, 42-4-225 (1.5),
42-4-235, 42-4-1407, 42-4-1409, and 42-4-1414; except that an officer shall not have the
power to serve civil writs and process and, in the exercise of his or her duties, an officer
shall have the authority to restrain and detain persons or vehicles and may impound any
vehicle until any tax or license fee imposed by law is paid or until compliance is had with
any tax or regulatory law or rule issued thereunder.
Source: L. 94: Entire title amended with relocations, p. 2493, § 1, effective January 1,
1995. L. 2000: (2) amended, p. 1102, § 3, effective August 2; (2) amended, p. 1454, § 2,
effective July 1, 2001. L. 2006: (2) amended, p. 1514, § 80, effective June 1. L. 2010: (2)
amended, (HB 10-1167), ch. 125, p. 418, § 9, effective April 15; (2) amended, (HB
10-1113), ch. 244, p. 1083, § 3, effective July 1. L. 2012: Entire section amended, (HB
12-1019), ch. 135, p. 469, § 14, effective July 1.
Editor's note: (1) Amendments to subsection (2) by House Bill 00-1 178 and House Bill 00-1142
were harmonized, effective July 1, 2001.
(2) Amendments to subsection (2) by House Bill 10-1167 and House Bill 10-1113 were
harmonized.
Cross references: For rule-making procedures, see article 4 of title 24.
42-8-105. Clearance of motor vehicles at port of entry weigh stations. (1) Every
owner or operator of a motor vehicle that is subject to payment of registration fees under
the provisions of section 42-3-306 (5) (b) and every owner or operator of a motor vehicle
or combination of vehicles having a manufacturer's gross vehicle weight rating or gross
combination weight rating of twenty-six thousand one pounds or more shall secure a valid
clearance from an officer of the Colorado state patrol, or from a port of entry weigh station
before operating the vehicle or combination of vehicles or causing the vehicle or combi-
nation of vehicles to be operated on the public highways of this state, but an owner or
operator shall be deemed to have complied with the provisions of this subsection (1) if the
owner or operator secures a valid clearance from the first port of entry weigh station located
within five road miles of the route that the owner or operator would normally follow from
the point of departure to the point of destination. An owner or operator shall not be required
to seek out a port of entry weigh station not located on the route such owner or operator is
following if the owner or operator secures a special revocable permit from the Colorado
state patrol in accordance with the provisions of subsection (4) of this section. A vehicle
with a seating capacity of fourteen or more passengers registered under the provisions of
section 42-3-304 (13) or 42-3-306 (2) (c) (I) shall not be required to secure a valid clearance
pursuant to this section.
(2) It is unlawful for any owner or operator of a motor vehicle subject to the provisions
of subsection (1) of this section to permit the travel of such motor vehicle on the public
highways of this state without first having secured a valid clearance as provided in said
subsection (1), and every such owner or operator shall be required to seek out a port of entry
weigh station for the purpose of securing such valid clearance, whether or not such port of
entry weigh station is located on the route that the owner or operator is following, unless
a valid clearance or a special permit in accordance with subsection (4) of this section has
previously been secured.
(3) Every owner or operator of a motor vehicle subject to the provisions of subsection
(1) of this section shall secure a valid clearance at each port of entry weigh station located
42-8-106 Vehicles and Traffic Title 42 - page 620
on the route that the owner or operator would normally follow from the point of departure
to the point of destination for verification of its previously secured clearance.
(3.5) Every owner or operator of a motor vehicle subject to the provisions of subsection
(1) of this section, when stopped for a lawful inspection, shall permit personnel of a port of
entry weigh station to inspect the fuel tank of the vehicle for the purpose of ensuring that
the vehicle is not operating on the public highways of the state using tax-exempt diesel fuel
in violation of section 42-4-1414.
(4) The Colorado state patrol may issue a special revocable permit to the owner or
operator of any vehicle being operated over a regularly scheduled route waiving the
requirement that the owner or operator seek out and secure a valid clearance at a port of
entry weigh station not located directly on the route being followed. In order for the permit
to be effective, the vehicle must be operating over a regularly scheduled route that has
previously been cleared with the Colorado state patrol.
(5) Any owner or operator of a motor vehicle that is subject to the provisions of
sections 42-3-304 to 42-3-306, who is found guilty of violating the provisions and
requirements of this section, shall be subject to the fines and penalties prescribed in section
42-8-109.
(6) Repealed.
Source: L. 94: Entire title amended with relocations, p. 2493, § 1, effective January 1,
1995. L. 95: (1) amended, p. 962, § 24, effective May 25. L. 96: (1), (4), and (6)
amended, p. 1551, § 12, effective July 1. L. 98: (1) to (4) amended, p. 1095, § 8, effective
June 1. L. 99: (3.5) added, p. 665, § 1, effective May 18. L. 2005: (1) and (5) amended,
p. 1179, § 23, effective August 8. L. 2006: (1) amended, p. 1514, § 81, effective June 1.
L. 2010: (1) amended, (SB 10-212), ch. 412, p. 2039, § 21, effective July 1. L. 2012: (1)
and (4) amended and (6) repealed, (HB 12-1019), ch. 135, p. 470, § 15, effective July 1.
42-8-106. Issuance of clearance receipts. All owners and operators of motor vehicles
subject to the payment of fees, licenses, or taxes imposed by the laws of this state, including
foreign vehicles, that have not been properly certificated or permitted by the public utilities
commission or that have not been approved by the department of revenue for monthly or
periodic payment of such fees, licenses, or taxes shall be issued a clearance receipt at a port
of entry weigh station only after such fees, licenses, or taxes that may be due are paid or
compliance is had with regulatory acts. A clearance receipt issued under this section shall
specify the date upon which issued and amounts of fees, licenses, or taxes to be paid. The
receipt shall be valid only for the dates and trips specified thereon and for the length of time
specified thereon. The Colorado state patrol, through the port of entry weigh stations, may
also issue permits for oversize and overweight commercial hauls pursuant to rules and
regulations governing such hauls established by the department of transportation. Failure to
secure such clearance receipt shall subject the owner or operator to a penalty of double the
amount of any tax, license, or fee due that shall be in addition to and distinct from the
penalty provided for in section 42-8-109.
Source: L. 94: Entire title amended with relocations, p. 2494, § 1, effective January 1,
1995. L. 98: Entire section amended, p. 1096, § 9, effective June 1. L. 2012: Entire
section amended, (HB 12-1019), ch. 135, p. 470, § 16, effective July 1.
42-8-107. Construction and rights-of-way. Within thirty days after receiving notifi-
cation from the chief of the Colorado state patrol, the department of transportation shall
make available without charge to the Colorado state patrol such rights-of-way upon or
adjacent to the public highways of this state as are needed for the construction or
reconstruction of port of entry weigh stations. If such rights-of-way are not available, the
department of transportation shall acquire such rights-of-way as are needed to carry out the
purposes of this article out of money in the state highway fund provided for right-of-way
acquisition. If possible, the construction, reconstruction, and maintenance of port of entry
Title 42 - page 621 Port of Entry Weigh Stations 42-8-1 10
weigh stations shall be accomplished with forces of the department of transportation within
thirty days after notification by the chief of the Colorado state patrol requesting such work.
Source: L. 94: Entire title amended with relocations, p. 2495, § 1, effective January 1,
1995. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 471, § 17, effective July
1.
42-8-108. Cooperation among departments. The governor of Colorado shall require
the chief of the Colorado state patrol, the chief engineer of the department of transportation,
the commissioner of agriculture, the director of the division of commerce and development,
and the chair of the public utilities commission to cooperate to the fullest extent possible to
the end that port of entry weigh stations established under authority of this article shall serve
the broadest possible functions.
Source: L. 94: Entire title amended with relocations, p. 2495, § 1, effective January 1,
1995. L. 2012: Entire section amended, (HB 12-1019), ch. 135, p. 471, § 18, effective July
1.
42-8-109. Fines and penalties. (1) Any person who drives a vehicle or owns a
vehicle in violation of the provisions of section 42-8-105 (1) to (5) or 42-8-106 commits a
class 2 misdemeanor traffic offense.
(2) Notwithstanding the provisions of section 42- 1 -2 1 7, all fines and penalties imposed
under this article shall be transmitted to the state treasurer, who shall credit the same to the
state highway fund; except that, fifty percent of any fine or penalty imposed under this
article for a violation occurring within the corporate limits of a city, town, or city and county
or outside the corporate limits of a city, town, or city and county, which violation is cited
by a law enforcement officer of such city, town, county, or city and county, shall be
transmitted to the treasurer or chief financial officer of such city, town, county, or city and
county, and the remaining fifty percent shall be transmitted to the state treasurer, who shall
credit the same to the state highway fund.
(3) In addition to the penalties imposed pursuant to subsection (1) of this section, the
chief of the Colorado state patrol shall, upon the conviction of any owner or operator or of
any agent, officer, or employee, after a third offense within one calendar year, notify the
public utilities commission of such conviction, and the commission may suspend any
license or permit for a period not to exceed six months or revoke all such certificates and
permits issued to the owner or operator of such vehicles by the public utilities commission.
Such certificate or permit can be suspended or revoked only after due notice and hearing
and for good cause shown. The chief shall file a complaint with the public utilities
commission, and the commission must hold a hearing within thirty days after filing of a
complaint by the chief. If at the hearing the commission finds that the facts as stated in the
complaint by the chief are substantially correct, the commission may immediately revoke
all intrastate certificates and permits issued by it to such violator.
(4) (Deleted by amendment, L. 96, p. 386, § 4, effective April 17, 1996.)
Source: L. 94: Entire tide amended with relocations, p. 2495, § 1, effective January 1,
1995. L. 96: Entire section amended, p. 386, § 4, effective April 17. L. 2012: (3)
amended, (HB 12-1019), ch. 135, p. 471, § 19, effective July 1.
42-8-110. Expenses of administration appropriated from the highway users lax
fund. For the purpose of administering this article and for the operation, maintenance, and
future construction of the port of entry weigh stations established pursuant to this article,
there shall be appropriated from the highway users tax fund for each fiscal year such
moneys as the general assembly may determine, upon presentation of a budget for that
purpose in form and content in accordance with the provisions for submission of budget
requests by state agencies.
42-8-1 1 1 Vehicles and Traffic Title 42 - page 622
Source: L. 94: Entire title amended with relocations, p. 2496, § 1, effective January 1,
1995.
42-8-111. Cooperative agreements with contiguous states for operations of ports of
entry - rules. ( 1 ) In addition to any other powers granted by law, the chief of the Colorado
state patrol is hereby authorized to negotiate and enter into cooperative agreements with the
designated representatives of contiguous states for the operations of ports of entry at the
borders between Colorado and such contiguous states.
(2) An agreement with a contiguous state or contiguous states for the operation of ports
of entry at the borders between Colorado and such contiguous state or states entered into
under the provisions of this section may include, but shall not be limited to, the following
provisions:
(a) The joint operation of ports of entry by Colorado and a contiguous state or
contiguous states;
(b) A grant of authority to the port of entry employees and officials of Colorado and to
the port of entry employees and officials of each other state which is a party to such
agreement to:
(I) Collect any fees, taxes, and penalties which are imposed by other states which are
parties to such agreement on behalf of such states and to remit such fees, taxes, and
penalties to such states; and
(II) Take actions to enforce the laws of other states that are parties to the agreement,
including, but not limited to, the monitoring of licenses and other credential usage, the
enforcement of tax restraint, distraint, or levy orders, the issuance of civil citations, and the
conduct of any necessary equipment inspections. Port of entry personnel shall have and
maintain the authority to enforce the provisions of section 42-4-1414 regarding the
prohibition on the use of dyed fuel on Colorado highways.
(c) The assignment of Colorado ports of entry employees and officials at jointly
operated ports of entry outside of Colorado and the assignment of ports of entry employees
and officials of contiguous states at ports of entry within Colorado; and
(d) The allowance of such access to the data bases of Colorado and other states which
are parties to such agreement by the employees and officials of each state as is necessary
to enforce the laws of each such state and to operate under the terms of such agreement.
(3) Any agreement entered into under the provisions of this section shall contain
provisions which express the understanding that any employees and officials of any other
state who are assigned to jointly operated ports of entry, who enforce the laws of Colorado
under the terms of such agreement, or who otherwise act under the terms of such agreement
shall not be compensated by Colorado and shall not be considered to be employees or
officials of Colorado for the purposes of any employee rights or benefits.
(4) The chief of the Colorado state patrol is hereby authorized to appoint employees
and officials of a contiguous state as agents of the Colorado state patrol with the powers to
enforce the laws of Colorado under the terms of cooperative agreements entered into under
the provisions of this section.
(5) The chief of the Colorado state patrol may promulgate such rules as are necessary
for the implementation of the provisions of this section.
Source: L. 94: Entire title amended with relocations, p. 2496, § 1, effective January 1,
1995. L. 2000: (4) amended, p. 1655, § 52, effective June 1. L. 2010: (2)(b)(H) amended,
(HB 10-1113), ch. 244, p. 1084, § 4, effective July 1. L. 2012: (1), (4), and (5) amended,
(HB 12-1019), ch. 135, p. 472, § 20, effective July 1.
MOTOR VEHICLE REPAIRS
ARTICLE 9
Motor Vehicle Repair Act
Law reviews: For article, "Analysis of the 1995 Amendment to the Motor Vehicle Repair Act of
1977", see 25 Colo. Law. 43 (December 1996).
Title 42 - page 623 Motor Vehicle Repair Act 42-9-102
42-9-101. Short title. built parts.
42-9-102. Definitions. 42-9-108. Invoice.
42-9-103. Applicability. 42-9-108.5. Warranty completion date.
42-9-104. When consent and estimate 42-9-108.7. Motor vehicle repair facility
required - original transac- warranties.
tion - disassembly. 42-9-109. Return of replaced parts.
42-9-105. When consent and estimate 42-9-109.5. Inflatable restraint systems -
required - additional repairs replacement
- changed completion date. 42-9-110. Exemption - antique motor
42-9-106. Amounts over estimate - stor- vehicles.
age charges - cancellation of 42-9-111. Prohibited acts.
authorized repairs. 42-9-112. Criminal penalties.
42-9-107. Used, reconditioned, or re- 42-9-113. Civil penalties.
42-9-101. Short title. This article shall be known and may be cited as the "Motor
Vehicle Repair Act of 1977".
Source: L. 94: Entire title amended with relocations, p. 2500, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-11-101 as it existed prior to 1994.
42-9-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Auto parts recycler" means any person who purchases motor vehicles for the
purpose of dismantling and selling the components thereof and who complies with all
federal, state, and local regulations. "Auto parts recycler" includes a vehicle dismantles
(1.2) "Customer" means the owner, the agent of the owner, or a family member,
employee, or any other person whose use of the vehicle is authorized by the owner.
(1.5) "Estimate" means a written or oral assessment that describes structural damage
to or mechanical needs of a motor vehicle. The estimate shall include total estimated costs
of repair, excluding sales taxes and towing charges, together with a statement as to whether
any parts to be installed are new original equipment manufacturer, new nonoriginal
equipment manufacturer, used, reconditioned, or rebuilt.
(1.6) "Inflatable restraint system" has the same meaning as is set forth in 49 CFR sec.
507.208 S4.1.5.1 (b).
(1.7) "Invoice" means the final statement for services rendered.
(2) "Motor vehicle" means every self-propelled vehicle intended primarily for use and
operation on the public highways. The term does not include trucks and truck tractors
having a gross vehicle weight of more than eight thousand five hundred pounds, nor does
it include farm tractors and other machines and tools used in the production, harvesting, and
care of farm products, nor does it include motorcycles.
(3) "Motor vehicle repair facility" means any natural person, partnership, corporation,
trust, association, or group of persons associated in fact although not a legal entity which,
with intent to make a profit or a gain of money or other thing of value, engages in the
business or occupation of performing repairs on a motor vehicle, including repairs on body
parts. The term "motor vehicle repair facility" includes a motor vehicle repair garage.
(4) "Necessary" means essential to a desired or projected end as stated by the customer
or indispensable to avoid loss or damage.
(5) "Repairs on a motor vehicle" or "repairs" includes maintenance, diagnosis, repairs,
service, and parts replacement but does not include washing the vehicle or adding gasoline
or oil to the vehicle.
(6) "Work order" means a document that a customer signs to authorize repairs. "Work
order" may include an estimate.
Source: L. 94: Entire title amended with relocations, p. 2500, § 1, effective January 1,
1995. L. 97: (3) amended and (1.5), (1.7), and (6) added, p. 857, § 1, effective May 21;
(1) amended and (1.2) and (1.6) added, p. 796, § 2, effective August 6.
42-9-103 Vehicles and Traffic Title 42 - page 624
Editor's note: (1) This section is similar to former § 42-11-102 as it existed prior to 1994.
(2) Subsection ( 1 .6) was originally numbered as ( 1 .5) in House Bill 97-1098 but was renumbered
on revision for ease of location.
ANNOTATION
"Customer" means owner but does not with the use of that word elsewhere in the Motor
unambiguously include a transferee or subse- Vehicle Repair Act. Frisone v. Deane Automo-
quent owner. The inclusion of such owners in live Center, Inc., 942 P.2d 1215 (Colo. App.
the term "customer" would not be consistent 1996).
42-9-103. Applicability. The provisions of sections 42-9-104, 42-9-105, and 42-9-106
shall not apply where the total cost of the labor and parts is one hundred dollars or less.
Source: L. 94: Entire title amended with relocations, p. 2501, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-11-102.5 as it existed prior to 1994.
42-9-104. When consent and estimate required - original transaction - disassem-
bly. (1) (a) No repairs on a motor vehicle shall be performed by a motor vehicle repair
facility unless the facility obtains the written consent of the customer.
(b) The required written consent is waived by the customer only when the motor
vehicle has been towed to the motor vehicle repair facility or the customer has left the motor
vehicle with the motor vehicle repair facility outside of normal business hours or when the
customer has signed a waiver in compliance with paragraph (b) of subsection (2) of this
section. The waiver established by this paragraph (b) for any vehicle that is towed to a
motor vehicle repair facility or left with the motor vehicle repair facility outside of normal
business hours is limited to a maximum of one hundred dollars for all labor and parts.
(c) When the customer has not given the motor vehicle repair facility written consent
to perform repairs, no repairs shall be performed unless the facility first communicates
orally to the customer the written estimate of the total cost of such repairs and the customer
then consents to the required repairs. A record of such communication and consent shall be
made on the work order by the motor vehicle repair facility and shall include the date, time,
manner of consent, telephone number called, if any, and the names of the persons giving and
receiving such consent. If more than one such communication occurs between the motor
vehicle repair facility and the customer, a record of the telephone number need not be made
for each subsequent communication if the telephone number is the same as on the initial
consent.
(2) (a) (I) Except as provided in paragraph (b) of this subsection (2), no repairs shall
be performed by a motor vehicle repair facility unless said facility first submits in writing
or, where allowed by this section, orally communicates to the customer an estimate of the
total cost of any such repairs. The written estimate shall include the expected completion
date of such repairs. A copy of the completed written estimate of the total cost of repair shall
be provided to the customer.
(H) (A) Except as provided in sub-subparagraph (B) of this subparagraph (II), storage
charges may accrue, beginning on the fourth day, if the customer has not picked up the
motor vehicle within three days, exclusive of Saturday, Sunday, any legal holiday, and any
days the repair facility is closed for business, after notification of the completion of
authorized repairs or if the customer failed to authorize repairs to be performed within three
days, exclusive of Saturday, Sunday, any legal holiday, and any days the repair facility is
closed for business, after the date of communication of an estimate.
(B) Storage charges shall be assessed in accordance with section 38-20-109, C.R.S., if
the facility chooses to sell the customer's property in accordance with article 20 of title 38,
C.R.S.
(C) The amounts that a customer may be charged for storage charges shall be
conspicuously printed on the separate written authorization provided to the customer.
Title 42 - page 625 Motor Vehicle Repair Act 42-9-105
(HI ) The work order provided to the customer shall state conspicuously that, except for
body shop repair parts and exchanged or warranty parts that shall only be presented to the
customer for examination and not returned, and except for inflatable restraint system
components, the customer is entitled to the return of the replaced parts if the customer so
requests at the time of consenting to or authorizing the repairs.
(IV) The work order, or a legible copy thereof, shall be retained by the motor vehicle
repair facility for at least three years.
(b) A customer may waive the right to receive any estimate, either written or oral, prior
to authorizing repairs by signing the customer's name and the date below the following
statement that shall be in bold type: "I DO NOT WISH TO RECEIVE ANY ESTI-
MATE, EITHER WRITTEN OR ORAL, TO WHICH I AM ENTITLED BY LAW,
BEFORE REPAIRS ARE AUTHORIZED/' The signing of such waiver does not
constitute an authorization of repairs, which shall be a separate statement
(c) (I) In the event that it is necessary to disassemble, or partially disassemble, a motor
vehicle or a motor vehicle part in order to provide the customer with an estimate for
required repairs, the written estimate required in paragraph (a) of this subsection (2) shall
show the cost of reassembly in the event that the customer elects not to proceed with the
repairs of the motor vehicle or motor vehicle part. The estimate shall also include the total
cost of labor and parts to replace those expendable items that are normally destroyed by
such disassembly. No act of disassembly that would prevent the restoration of the same unit
to its former condition may be undertaken unless the motor vehicle repair facility has fully
informed the customer of that fact in writing on the work order and the customer consents
to the disassembly.
(II) Any estimate of required repairs given after a disassembly shall comply with the
requirements of paragraph (a) of this subsection (2); except that such written estimate may
then be communicated orally to the customer. A record of such communication shall be
made on the work order by the motor vehicle repair facility, including the date, time,
manner of communication, telephone number called, if any, and names of persons giving
and receiving such consent. If more than one such communication occurs between the
motor vehicle repair facility and the customer, a record of the telephone number need not
be made for each subsequent communication if the telephone number is the same as on the
initial consent.
(d) Towing charges are excluded from the written or oral estimate and consent
requirements of this section.
Source: L. 94: Entire title amended with relocations, p. 2501, § 1, effective January 1,
1995. L. 95: (l)(b) and (2)(a) amended, p. 575, § 1, effective January 1, 1996. L. 97:
Entire section amended, p. 858, § 2, effective May 21; (2)(a)(HI) amended, p. 797, § 3,
effective August 6.
Editor's note: (1) This section is similar to former § 42-11-103 as it existed prior to 1994.
(2) Amendments to subsection (2)(a)(ffl) by House Bill 97-1098 and House Bill 97-1105 were
harmonized.
42-9-105. When consent and estimate required - additional repairs - changed
completion date. (1) Except when an estimate has been waived pursuant to section
42-9-104 (2) (b), no charge shall be made for labor and parts in excess of the estimate, plus
ten percent thereof or twenty-five dollars, whichever is less, without the consent of the
customer to the additional charge before performance of the labor or installation of the parts
not included in the estimate. Consent by the customer to additional charges may be written
or oral. In either case, a record of such consent shall be made on the work order by the
motor vehicle repair facility and shall include the date, time, manner of consent, telephone
number called, if any, and names of the persons giving and receiving the consent If more
than one such communication occurs between the motor vehicle repair facility and the
customer, a record of the telephone number need not be made for each subsequent
communication if the telephone number is the same as on the initial consent
42-9-106 Vehicles and Traffic Title 42 - page 626
(2) (a) The customer shall be notified in writing on the work order of any changes in
the expected completion date of the repairs and of the new expected completion date. Such
notification may be communicated to the customer orally, but such communication, written
or oral, shall be made no more than twenty-four hours after the original completion date,
exclusive of Saturday, Sunday, and any legal holiday. If communicated orally, a record of
such communication shall be made on the work order by the motor vehicle repair facility
and shall include the date, time, telephone number called, if any, and names of the persons
giving and receiving such communication. If the name of the person receiving such
communication is different than the original customer, the name and telephone number
called, if any, shall be recorded on the work order.
(b) No additional changes in the completion date shall be made unless the consent of
the customer to the additional change is obtained. If the required consent is given orally, the
motor vehicle repair facility shall make a record of such consent on the work order and shall
include the date, time, manner of consent, and the names of the persons giving and receiving
such consent.
(c) If the motor vehicle repair facility fails to notify the customer of the change in the
completion date or if the customer refuses to consent to an additional change in the
completion date, the contract may be cancelled at the option of either the customer or the
motor vehicle repair facility. Once the contract has been cancelled in this manner, the motor
vehicle repair facility shall be required to reassemble the motor vehicle in substantially the
same condition in which it was delivered to the motor vehicle repair facility without cost
to the customer unless the customer has been previously notified as to the impracticality of
such reassembly; except that the customer shall be required to pay for any repairs already
completed as specified in section 42-9-106 (3) (a).
Source: L. 94: Entire tide amended with relocations, p. 2502, § 1, effective January 1,
1995. L. 95: (2)(a) and (2)(c) amended, p. 576, § 2, effective January 1, 1996. L. 97:
Entire section amended, p. 860, § 3, effective May 21.
Editor's note: This section is similar to former § 42-11-103.1 as it existed prior to 1994.
42-9-106. Amounts over estimate - storage charges - cancellation of authorized
repairs. (1) Except when an estimate has been waived pursuant to section 42-9-104 (2)
(b), if the charge for labor and parts is over the original estimate or any subsequent estimate
by ten percent thereof or twenty-five dollars, whichever is less, and unless further oral or
written consent is given by the customer pursuant to section 42-9-105 (1), the motor vehicle
repair facility shall return the motor vehicle to the customer upon the payment of the
amount of the original estimate or any subsequent estimate plus ten percent thereof or
twenty-five dollars, whichever is less, and the motor vehicle repair facility shall not be
entitled to a lien for said excess pursuant to section 38-20-106, C.R.S.
(2) No charge shall be made for storage of the motor vehicle unless the motor vehicle
is not picked up by the customer within three days, exclusive of Saturday, Sunday, legal
holidays, and any days the repair facility is closed for business, after the customer is notified
that the repairs have been completed and the customer was notified, as required by section
42-9-104 (2) (a), that such storage charges would accrue. Storage charges may accrue
pursuant to a written agreement, separate from any other repair document, between the
motor vehicle repair facility and the customer. The written authorization, in bold type, shall
state the following:
Storage Fee Policy
A storage fee may not be charged unless a written agreement, separate from any
other repair document, for an amount is reached. A storage fee may be charged,
beginning on the fourth day, if a motor vehicle is not removed within three days
after the customer is notified that repairs have been completed, excluding
Saturdays, Sundays, legal holidays, and any days the repair facility is closed for
Title 42 - page 627 Motor Vehicle Repair Act 42-9-108
The motor vehicle repair facility shall make a record of the notice of completion on the
work order. The record shall include the date and time of the notice of completion, the
manner of communication of the notice, the telephone number called, if any, and the name
of the person receiving the notice.
(3) (a) If the customer cancels previously authorized repairs prior to their completion,
the motor vehicle repair facility shall be entitled to charge the customer for repairs,
including labor and parts, which have already been performed so long as said charge does
not exceed the original estimate or any subsequent estimate for the repairs already
performed.
(b) In requesting the return of the motor vehicle subsequent to the cancellation of
previously authorized repairs, the customer shall specify whether it should be reassembled
in substantially the same condition in which it was delivered to the motor vehicle repair
facility or in such a lesser condition of assembly as the customer shall designate. Reas-
sembly shall be completed by the motor vehicle repair facility within three days of the
customer's request, excluding Saturday, Sunday, any legal holiday, and any days the repair
facility is closed for business.
(c) All charges for reassembly, whether or not the requested repairs are completed, shall
be included in the original estimate or in any subsequent estimate.
(4) Nothing in this section shall require a motor vehicle repair facility to give an
estimate if such facility does not agree to perform the requested repairs.
(5) Payment by the customer of any amount in excess of those allowed by this article
or for unauthorized repairs is not a waiver of any of the rights granted by this article to the
customer, nor shall such payment be construed as consent to additional repairs or excess
charges.
(6) All written estimates and other information required by this section shall be
recorded on or attached to the invoice described in section 42-9-108.
Source: L. 94: Entire title amended with relocations, p. 2503, § 1, effective January 1,
1995. L. 95: (2) amended, p. 576, § 3, effective January 1, 1996. L. 97: (1), (2), (3)(a),
(3)(b), and (4) amended, p. 861, § 4, effective May 21.
Editor's note: This section is similar to former § 42-11-103.5 as it existed prior to 1994.
42-9-107. Used, reconditioned, or rebuilt parts. The motor vehicle repair facility
shall specify in the original estimate whether any parts to be installed are new original
equipment manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or
rebuilt and then shall obtain the consent of the customer before any new original equipment
manufacturer, new nonoriginal equipment manufacturer, used, reconditioned, or rebuilt
parts are installed in the motor vehicle. If such consent is oral, the motor vehicle repair
facility shall make a record of such consent on the work order and shall include the date,
time, and manner of consent. The telephone number called, if any, and the name of the
person giving and receiving the consent, if different than the original customer, shall be
recorded on the work order. The motor vehicle repair facility shall adjust the original
estimate for new parts to reflect the altered cost if used, reconditioned, or rebuilt parts are
authorized and installed.
Source: L. 94: Entire title amended with relocations, p. 2504, § 1, effective January 1,
1995. L. 95: Entire section amended, p. 577, § 4, effective January 1, 1996. L. 97: Entire
section amended, p. 862, § 5, effective May 21.
Editor's note: This section is similar to former § 42-11-104 as it existed prior to 1994.
42-9-108. Invoice. (1) All repairs done by a motor vehicle repair facility shall be
recorded on a customer's invoice. A legible copy of the customer's invoice shall be given
to the customer when the motor vehicle is returned to the customer. The original or a legible
42-9-108.5 Vehicles and Traffic Title 42 - page 628
copy of the customer's invoice shall be retained for at least three years by the motor vehicle
repair facility.
(2) The customer's invoice shall include the following:
(a) The name and address of the customer;
(b) The year, make, odometer reading on the date the motor vehicle was brought in for
repairs, and license number of the motor vehicle;
(c) The date the motor vehicle was received for repairs;
(d) An itemization of each part added to or replaced in the motor vehicle; a description
of each part by name and identifying number; clear identification of which parts are used,
reconditioned, or rebuilt; and the charges levied for each part added or replaced;
(e) The amount charged for labor, the full name or employee number of each mechanic
or repairer who in whole or in part performed repairs, and the identification of the specific
stage of repair for which each mechanic or repairer named was partially or wholly
responsible;
(f) An itemized statement of all additional charges, including storage, service and
handling, and taxes;
(g) An identification of any repairs subcontracted to another repair facility;
(h) The legible initials of the person filling out any portion of the invoice not specified
in this subsection (2); and
(i) A copy of any warranty issued by the motor vehicle repair facility setting forth the
terms and conditions of such warranty.
(3) Itemization of a particular part is not required on the customer' s invoice if no charge
is levied for that part.
(4) Miscellaneous designations such as "shop supplies", "paint and paint supplies",
and "shop materials" may be used on the customer's invoice.
(5) Designation of mechanics, repairers, parts, or labor is not required on the custom-
er's invoice if the customer has been given a fiat-rate price, if such repairs are customarily
done and billed on a flat-rate price basis and agreed upon by the customer, and if such flat
rates are conspicuously posted by the motor vehicle repair garage or otherwise made
available to the customer prior to rendering the estimate.
Source: L. 94: Entire title amended with relocations, p. 2504, § 1, effective January 1,
1995. L. 97: (1), (2)(g), and (2)(h) amended and (2)(i) added, p. 862, § 6, effective May
21.
Editor's note: This section is similar to former § 42-11-105 as it existed prior to 1994.
42-9-108.5, Warranty completion date. When a motor vehicle is returned under a
warranty issued by the repair facility, the facility shall give the customer a written notice
that specifies that the work is under warranty and that provides the customer with a
completion date for the repair, as required by section 42-9-104.
Source: L. 95: Entire section added, p. 577, § 5, effective January 1, 1996. L. 97:
Entire section amended, p. 863, § 7, effective May 21.
42-9-108.7. Motor vehicle repair facility warranties. If a motor vehicle repair facility
issues a motor vehicle repair facility warranty, such warranty shall appear with the invoice
and shall set forth all terms and conditions of such warranty. The facility warranty shall be
limited to the terms and conditions set forth in such warranty.
Source: L. 97: Entire section added, p. 863, § 8, effective May 21.
42-9-109. Return of replaced parts. Except for body shop repair parts, inflatable
restraint system components, and parts that the motor vehicle repair facility is required to
return to the manufacturer or distributor under a manufacturer warranty or exchange
arrangement, the motor vehicle repair facility shall return replaced parts to the customer at
Title 42 - page 629 Motor Vehicle Repair Act 42-9-111
the time of the completion of the repairs if the customer so requests at the time of
consenting to or authorizing the repairs. A motor vehicle repair facility is not authorized to
return any components of an inflatable restraint system to the consumer.
Source: L. 94: Entire title amended with relocations, p. 2505, § 1, effective January 1,
1995. L. 97: Entire section amended, p. 863, § 9, effective May 21; entire section
amended, p. 797, § 4, effective August 6.
Editor's note: (1) This section is similar to former § 42-11-106 as it existed prior to 1994.
(2) Amendments to this section by House Bill 97-1098 and House Bill 97-1105 were harmonized.
42-9-109.5. Inflatable restraint systems - replacement (1) (a) A motor vehicle
repair garage may replace an inflatable restraint system only with an inflatable restraint
system that is newly manufactured or an inflatable restraint system salvaged and sold by a
vehicle dismantler or auto parts recycler.
(b) A motor vehicle repair garage is not required to install a salvaged inflatable restraint
system and may do so only upon obtaining specific written authorization from the customer.
A motor vehicle repair garage installing a salvaged inflatable restraint system shall include
the phrase "salvaged inflatable restraint system*' prominently on the face of the invoice. A
motor vehicle repair garage may not use other terms, including but not limited to "used"
or "as is", to describe a salvaged inflatable restraint system on an invoice.
(2) (a) If a vehicle dismantler or auto parts recycler sells a salvaged inflatable restraint
system, the vehicle dismantler or auto parts recycler shall state the following information
on the invoice:
(I) The date of sale of the salvaged inflatable restraint system;
(II) The vehicle identification number of the vehicle from which the inflatable restraint
system was salvaged; and
(III) Hie part number of the salvaged inflatable restraint system, if such number is
available.
(b) A vehicle dismantler or auto parts recycler shall maintain the bill of sale for any sale
of a salvaged inflatable restraint system for at least three years after the date of the sale.
Source: L. 97: Entire section added, p. 797, § 5, effective August 6.
42-9-110. Exemption - antique motor vehicles. This article does not apply to repairs
of any motor vehicle twenty-five or more years old or of any motor vehicle that is a
collector's item as defined in section 42-12-101.
Source: L. 94: Entire title amended with relocations, p. 2505, § 1, effective January 1,
1995. L. 2011: Entire section amended, (SB 11-031), ch. 86, p. 248, § 19, effective August
10.
Editor's note: This section is similar to former § 42-11-107 as it existed prior to 1994.
42-9-111. Prohibited acts. (1) No motor vehicle repair facility or any employee or
contract laborer of such facility shall:
(a) Charge for repairs which have not been consented to by the customer or charge for
repairs in excess of amounts allowed by this article;
(b) Represent that repairs are necessary when such is not a fact;
(c) Represent that repairs have been performed when such is not a fact;
(d) Represent that a motor vehicle or motor vehicle part being diagnosed is in
dangerous condition when such is not a fact;
(e) Perform emissions repairs to bring motor vehicles into compliance with the provi-
sions of sections 42-4-301 to 42-4-316 when such repairs are not indicated by the identified
emissions failure;
(f) Fail to issue an invoice as required by section 42-9-108;
42-9-112 Vehicles and Traffic Title 42 - page 630
(g) Fail to give notice as required by section 42-9-105;
(h) Require a customer to sign a work order that does not state the repairs that are
requested by the customer;
(i) Fail to state the motor vehicle odometer reading, unless such reading is unfeasible
due to the condition of the odometer; or
(j) Install or reinstall, as part of a vehicle inflatable restraint system, any object in lieu
of an air bag that was designed in accordance with federal safety regulations for the make,
model, and year of the vehicle.
Source: L. 94: Entire title amended with relocations, p. 2506, § 1, effective January 1,
1995. L. 95: (l)(f) to (l)(h) added, p. 577, § 6, effective January 1, 1996. L. 97: IP(1) and
(1 )(h) amended and (l)(i) added, p. 863, § 10, effective May 21. L. 2002: (l)(h) and (l)(i)
amended and (l)(j) added, p. 196, § 1, effective July 1.
Editor's note: This section is similar to former § 42-11-108 as it existed prior to 1994.
ANNOTATION
Recommending a fuel injector flush as a subsection (l)(b). Jones v. Ste Vinson's Golden
routine preventive maintenance service on all Ford, 36 P.3d 129 (Colo. App. 2001).
vehicles, regardless of age or condition, violates
42-9-112. Criminal penalties. (1) Except as provided in subsection (2) of this
section, any motor vehicle repair facility or any employee of such facility that fails to
provide a completed written or oral estimate as required under section 42-9-104 (2), or an
invoice as required under section 42-9-108, is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than five hundred dollars nor more than two
thousand dollars per violation. No portion of the minimum fine for repeat offenders shall be
suspended.
(2) Except as otherwise provided in subsection (4) of this section, any motor vehicle
repair facility or any employee of such facility who violates section 42-9-111 is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five
hundred dollars nor more than one thousand dollars per violation. No portion of the
minimum fine for repeat offenders shall be suspended.
(2.5) Any motor vehicle repair facility or any employee of such facility who violates
any provision of this article other than the provisions for which penalties are provided in
subsections (1), (2), and (4) of this section is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of five hundred dollars per violation.
(2.7) A violation of this article shall also constitute a deceptive trade practice in
violation of the "Colorado Consumer Protection Act**, article 1 of title 6, C.R.S., and shall
subject the motor vehicle repair facility or any employee of such facility to the remedies or
penalties contained in article 1 of title 6.
(3) (Deleted by amendment, L. 97, p. 863, § 11, effective May 21, 1997.)
(4) Any motor vehicle repair facility or any employee of such facility who violates the
provisions of section 42-9-111 (1) (j) is guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not less than two thousand five hundred dollars and
not more than five thousand dollars per violation, or imprisonment in the county jail for up
to one year, or both.
Source: L. 94: Entire title amended with relocations, p. 2506, § 1, effective January 1,
1995. L. 95: Entire section amended, p. 578, § 7, effective January 1, 1996. L. 97: Entire
section amended, p. 863, § 11, effective May 21. L. 2002: (2) and (2.5) amended and (4)
added, p. 196, § 2, effective July 1.
Editor's note: This section is similar to former § 42-11-109 as it existed prior to 1994.
Title 42 - page 631 Vehicle Protection Products 42-9.5-103
42-9-113. Civil penalties. In any civil action for the enforcement of this article, the
court may award reasonable attorney fees and costs to the prevailing party, and a customer
shall be entitled to treble damages for failure of any motor vehicle repair facility or any
employee of such facility to comply with this article, except for clerical errors or omissions;
but in no event shall such damages be less than two hundred fifty dollars. The customer
shall first make written demand for the customer's damages from the motor vehicle repair
facility by certified mail at least ten days prior to the filing of any such action, exclusive of
Saturday, Sunday, and any legal holiday. Such action shall be brought within the time period
prescribed in section 13-80-103, C.R.S.
Source: L. 97: Entire section added, p. 864, § 12, effective May 21.
ARTICLE 9.5
Vehicle Protection Products
42-9.5-101. Short title. surance policies.
42-9.5-102. Definitions. 42-9.5-105. Warranties - insurance.
42-9.5-103. Vehicle protection products. 42-9.5-106. Applicability.
42-9.5-104. Warranty reimbursement in-
42-9.5-101. Short title. This article shall be known and may be cited as the "Vehicle
Protection Products Act".
Source: L. 2004: Entire article added, p. 745, § 1, effective July 1.
42-9.5-102* Definitions. As used in this article, unless the context otherwise requires:
(1) "Incidental costs" means expenses incurred by the warranty holder that concern the
failure of the vehicle protection product and that are specified in the vehicle protection
product warranty. Incidental costs may include, without limitation, insurance policy
deductibles, rental vehicle charges, the difference between the actual value of the stolen
vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration
fees, transaction fees, and mechanical inspection fees.
(2) "Vehicle protection product" means a vehicle protection device, system, or service
that:
(a) Is installed on or applied to a vehicle;
(b) Is designed to prevent loss or damage to a vehicle from a specific cause;
(c) Includes a written warranty by a warrantor stating that, if the vehicle protection
product fails to prevent loss or damage to a vehicle from a specific cause, the warranty
holder shall be paid specified incidental costs by the warrantor as a result of such failure;
and
(d) Comes with a warranty reimbursement insurance policy covering the warrantor's
liability from such product.
(3) "Vehicle protection product warrantor" or "warrantor" means a person who is
contractually obligated to the warranty holder under the terms of the vehicle protection
product warranty agreement. "Warrantor" does not include an authorized insurer.
(4) "Warranty" means an express warranty and shall not include an insurance policy.
(5) "Warranty reimbursement insurance policy" means a policy of insurance issued to
the vehicle protection product warrantor to pay, on behalf of the warrantor, all covered
contractual obligations incurred by the warrantor under the vehicle protection product
warranty.
Source: L. 2004: Entire article added, p. 745, § 1, effective July 1.
42-9.5-103. Vehicle protection products. (1) A warranty contract accompanying a
vehicle protection product that is sold or offered for sale shall:
42-9.5-104 Vehicles and Traffic Title 42 - page 632
(a) Identify in the contract the warrantor, the seller, the warranty holder, and the terms
of the sale;
(b) Conspicuously state that the obligations of the warrantor are guaranteed under a
warranty reimbursement insurance policy;
(c) Conspicuously state that, if the payment due under the terms of the warranty is not
provided by the warrantor within sixty days after proof of loss has been filed by the
warranty holder pursuant to the terms of the warranty, the warranty holder may file a claim
for reimbursement directly with the warranty reimbursement insurance company;
(d) Conspicuously state the name and address of the warranty reimbursement insurance
company;
(e) Conspicuously state: "This agreement is a product warranty and is not insurance/*;
(f) Guarantee the warrantor's product with a warranty reimbursement insurance policy;
and
(g) Authorize the warranty holder to file a claim directly with the warranty reimburse-
ment insurance company if the payment due under the terms of the warranty is not provided
by the warrantor within sixty days after proof of loss has been filed pursuant to the terms
of the warranty.
Source: L. 2004: Entire article added, p. 746, § 1, effective July 1.
42-9.5-104. Warranty reimbursement insurance policies. (1) A warranty reim-
bursement insurance policy shall state that the warranty reimbursement insurance company
will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums
that the warrantor is legally obligated to pay, or will provide the service that the warrantor
is legally obligated to perform, according to the warrantor's contractual obligations under
the vehicle protection product warranty.
(2) A warranty reimbursement insurance policy shall state that, if the payment due
under the terms of the warranty is not provided by the warrantor within sixty days after
proof of loss has been filed according to the terms of the warranty by the warranty holder,
the warranty holder may file directly with the warranty reimbursement insurance company
for reimbursement.
Source: L. 2004: Entire article added, p. 747, § 1, effective July 1.
42-9.5-105. Warranties - insurance. A vehicle protection warranty that complies with
this section shall not be deemed to be insurance and shall be exempt from regulation as
insurance pursuant to title 10, C.R.S.
Source: L. 2004: Entire article added, p. 747, § 1, effective July 1.
42-9.5-106. Applicability. This article shall not apply to contracts regulated by article
11 of this title, which concerns motor vehicle service contract insurance.
Source: L. 2004: Entire article added, p. 747, § 1, effective July 1.
ARTICLE 10
Motor Vehicle Warranties
42-10-101. Definitions. 42-10-104. Affirmative defenses.
42-10-102. Repairs to conform vehicle to 42-10-105. Limitations on other rights
warranty. and remedies.
42-10-103. Failure to conform vehicle to 42-10-106. Applicability of federal proce-
warranty - replacement or dures.
return of vehicle. 42-10-107. Statute of limitations.
Title 42 - page 633 Motor Vehicle Warranties 42-10-103
42-10-101. Definitions. As used in this article, unless the context otherwise requires:
(1) "Consumer" means the purchaser, other than for purposes of resale, of a motor
vehicle normally used for personal, family, or household purposes, any person to whom
such motor vehicle is transferred for the same purposes during the duration of a manufac-
turer' s express warranty for such motor vehicle, and any other person entitled by the terms
of such warranty to enforce the obligations of the warranty.
(2) "Motor vehicle" means a self-propelled private passenger vehicle, including pickup
trucks and vans, designed primarily for travel on the public highways and used to carry not
more than ten persons, which is sold to a consumer in this state; except that the term does
not include motor homes as defined in section 42-1-102 (57) or vehicles designed to travel
on three or fewer wheels in contact with the ground.
(3) "Warranty** means the written warranty, so labeled, of the manufacturer of a new
motor vehicle, including any terms or conditions precedent to the enforcement of obliga-
tions under that warranty.
Source: L. 94: Entire tide amended with relocations, p. 2506, § 1, effective January 1,
1995.
42-10-102. Repairs to conform vehicle to warranty. If a motor vehicle does not
conform to a warranty and the consumer reports the nonconformity to the manufacturer, its
agent, or its authorized dealer during the term of such warranty or during a period of one
year following the date of the original delivery of the motor vehicle to a consumer,
whichever is the earlier date, the manufacturer, its agent, or its authorized dealer shall make
such repairs as are necessary to conform the vehicle to such warranty, notwithstanding the
fact that such repairs are made after the expiration of such term or such one-year period.
Source: L. 94: Entire tide amended with relocations, p. 2507, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-12-102 as it existed prior to 1994, and the
former § 42-10-102 was relocated to § 8-20-802.
42-10-103. Failure to conform vehicle to warranty - replacement or return of
vehicle. ( 1 ) If the manufacturer, its agent, or its authorized dealer is unable to conform the
motor vehicle to the warranty by repairing or correcting the defect or condition which
substantially impairs the use and market value of such motor vehicle after a reasonable
number of attempts, the manufacturer shall, at its option, replace the motor vehicle with a
comparable motor vehicle or accept return of the motor vehicle from the consumer and
refund to the consumer the full purchase price, including the sales tax, license fees, and
registration fees and any similar governmental charges, less a reasonable allowance for the
consumer's use of the motor vehicle. Refunds shall be made to the consumer and lienholder,
if any, as their interests may appear. A reasonable allowance for use shall be that amount
directly attributable to use by the consumer and any previous consumer prior to the
consumer's first written report of the nonconformity to the manufacturer, agent, or dealer
and during any subsequent period when the vehicle is not out of service by reason of repair.
(2) (a) It shall be presumed that a reasonable number of attempts have been undertaken
to conform a motor vehicle to the warranty if:
(I) The same nonconformity has been subject to repair four or more times by the
manufacturer, its agent, or its authorized dealer within the warranty term or during a period
of one year following the date of the original delivery of the motor vehicle to the consumer,
whichever is the earlier date, but such nonconformity continues to exist; or
(II) The motor vehicle is out of service by reason of repair for a cumulative total of
thirty or more business days of the repairer during the term specified in subparagraph (I) of
this paragraph (a) or during the period specified in said subparagraph (I), whichever is the
earlier date.
42-10-104 Vehicles and Traffic Title 42 - page 634
(b) For the purposes of this subsection (2), the term of a warranty, the one-year period,
and the thirty-day period shall be extended by any period of time during which repair
services are not available to the consumer because of war, invasion, strike, or fire, flood, or
other natural disaster.
(c) In no event shall a presumption under paragraph (a) of this subsection (2) apply
against a manufacturer unless the manufacturer has received prior written notification by
certified mail from or on behalf of the consumer and has been provided an opportunity to
cure the defect alleged. Such defect shall count as one nonconformity subject to repair under
subparagraph (I) of paragraph (a) of this subsection (2).
(d) Every authorized motor vehicle dealer shall include a form, containing the manu-
facturer's name and business address, with each motor vehicle owner's manual on which
the consumer may give written notification of any defect, as such notification is required by
paragraph (c) of this subsection (2), and the form shall clearly and conspicuously disclose
that written notification by certified mail of the nonconformity is required, in order for the
consumer to obtain remedies under this article.
(3) The court shall award reasonable attorney fees to the prevailing side in any action
brought to enforce the provisions of this article.
Source: L. 94: Entire title amended with relocations, p. 2507, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-12-103 as it existed prior to 1994, and the
former § 42-10-103 was relocated to § 8-20-803.
42-10-104. Affirmative defenses. (1) It shall be an affirmative defense to any claim
under this article that:
(a) An alleged nonconformity does not substantially impair the use and market value of
a motor vehicle; or
(b) A nonconformity is the result of abuse, neglect, or unauthorized modifications or
alterations of the motor vehicle by a consumer.
Source: L. 94: Entire title amended with relocations, p. 2508, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-12-104 as it existed prior to 1994, and the
former § 42-10-104 was relocated to § 8-20-804.
42-10-105. Limitations on other rights and remedies. Nothing in this article shall in
any way limit the rights or remedies which are otherwise available to a consumer under any
other state law or any federal law. Nothing in this article shall affect the other rights and
duties between the consumer and a seller, lessor, or lienholder of a motor vehicle or the
rights between any of them. Nothing in this article shall be construed as imposing a liability
on any authorized dealer with respect to a manufacturer or creating a cause of action by a
manufacturer against its authorized dealer; except that failure by an authorized dealer to
properly prepare a motor vehicle for sale, to properly install options on a motor vehicle, or
to properly make repairs on a motor vehicle, when such preparation, installation, or repairs
would have prevented or cured a nonconformity, shall be actionable by the manufacturer.
Source: L. 94: Entire title amended with relocations, p. 2508, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-12-105 as it existed prior to 1994, and the
former § 42-10-105 was relocated to § 8-20-805.
42-10-106. Applicability of federal procedures. If a manufacturer has established or
participates in an informal dispute settlement procedure which substantially complies with
Title 42 - page 635 Motor Vehicle Service Contract Insurance 42-11-101
the provisions of part 703 of title 16 of the code of federal regulations, as from time to time
amended, the provisions of section 42-10-103 (1) concerning refunds or replacement shall
not apply to any consumer who has not first resorted to such procedure.
Source: L. 94: Entire title amended with relocations, p. 2509, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-12-106 as it existed prior to 1994, and the
former § 42-10-106 was relocated to § 8-20-806.
42-10-107. Statute of limitations. Any action brought to enforce the provisions of this
article shall be commenced within six months following the expiration date of any warranty
term or within one year following the date of the original delivery of a motor vehicle to a
consumer, whichever is the earlier date; except that the statute of limitations shall be tolled
during the period the consumer has submitted to arbitration under section 42-10-106.
Source: L. 94: Entire tide amended with relocations, p. 2509, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-12-107 as it existed prior to 1994, and the
former § 42-10-107 was relocated to § 8-20-807.
ARTICLE 11
Motor Vehicle Service Contract Insurance
42-11-101. Definitions. 42-11-105. Manufacturers' express war-
42-11-102. Reimbursement policy re- ranties and service contracts
quired for sale of service excluded.
contract 42-11-106. Deceptive trade practices pro-
42-11-103. Reimbursement policy - re- hibited.
quired provisions. 42-11-107. Enforcement
42-11-104. Service contract - required 42-11-108. Remedies.
42-11-101. Definitions. As used in this article, unless the context otherwise requires:
(1) "Mechanical breakdown insurance" means an insurance policy, contract, or agree-
ment, as defined in section 10-1-102 (12), C.R.S., that undertakes to perform or provide
repair or replacement service, or indemnification for that service, for the operational or
structural failure of a motor vehicle due to a defect in materials or skill of work or normal
wear and tear, and that is issued by an insurance company authorized to do business in this
(2) "Motor vehicle" means any vehicle subject to registration under section 42-1-102
(58).
(3) "Motor vehicle service contract** or "service contract** means a contract or agree-
ment between a provider and a service contract holder given for consideration over and
above the lease or purchase price of a motor vehicle that undertakes to perform or provide
repair or replacement service, or indemnification for that service, for the operational or
structural failure of a motor vehicle due to a defect in materials or skill of work or normal
wear and tear, but does not include mechanical breakdown insurance.
(4) (a) "Motor vehicle service contract provider** or "provider'* means a person who,
in connection with a motor vehicle service contract:
(I) Incurs the obligations and liabilities to the service contract holder as set forth in the
contract; and
(II) Issues, makes, provides, sells, or offers to sell the contract
(b) A motor vehicle dealer who sells a motor vehicle that is the subject of a motor
vehicle service contract is not a "provider** unless the dealer also satisfies both of the
conditions set forth in paragraph (a) of this subsection (4).
42-11-102 Vehicles and Traffic Title 42 - page 636
(5) "Motor vehicle service contract reimbursement insurance policy" or "reimburse-
ment insurance policy" means a policy of insurance providing coverage for all obligations
and liabilities incurred by a motor vehicle service contract provider under the terms of a
motor vehicle service contract issued by the provider.
(6) "Service contract holder" means a person who purchases a motor vehicle service
contract.
Source: L. 94: Entire title amended with relocations, p. 2509, § 1, effective January 1,
1995. L. 2003: (4) amended, p. 886, § 1, effective April 7; (1) amended, p. 623, § 41,
effective July 1.
Editor's note: This section is similar to former § 42-13-101 as it existed prior to 1994, and the
former § 42-11-101 was relocated to § 42-9-101.
42-11-102. Reimbursement policy required for sale of service contract A motor
vehicle service contract shall not be issued, made, provided, sold, or offered for sale in this
state unless the provider of the service contract is insured under a motor vehicle service
contract reimbursement insurance policy issued by an insurer or administrator authorized to
do business in this state.
Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-102 as it existed prior to 1994, and the
former § 42-11-102 was relocated to § 42-9-102.
42-11-103. Reimbursement policy - required provisions. A motor vehicle service
contract reimbursement insurance policy shall not be issued, made, provided, sold, or
offered for sale in this state unless the reimbursement insurance policy conspicuously states
that the issuer of the policy shall pay on behalf of the provider all sums which the provider
is legally obligated to pay for failure to perform according to the provider's contractual
obligations under the motor vehicle service contracts issued or sold by the provider.
Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-103 as it existed prior to 1994, and the
former § 42-11-103 was relocated to § 42-9-104.
42-11-104. Service contract - required statements. A motor vehicle service contract
shall not be issued, made, provided, sold, or offered for sale in this state unless the contract
conspicuously states that the obligations of the provider to the service contract holder are
guaranteed under a service contract reimbursement policy, and unless the contract conspic-
uously states the name and address of the issuer of the reimbursement policy, the applicable
policy number, and the means by which a service contract holder may file a claim under the
policy.
Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-104 as it existed prior to 1994, and the
former § 42-11-104 was relocated to § 42-9-107.
42-11-105. Manufacturers' express warranties and service contracts excluded.
This article does not apply to motor vehicle manufacturers' express warranties and service
contracts as defined in section 42-10-101 (3).
Tide 42 - page 637 Motor Vehicles as Collector's Items 42-11-108
Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-105 as it existed prior to 1994, and the
former § 42-11-105 was relocated to § 42-9-108.
42-11-106. Deceptive trade practices prohibited. Failure to comply with the provi-
sions of this article in the course of a business, vocation, or occupation is a deceptive trade
practice and is subject to the provisions of the "Colorado Consumer Protection Act", article
1 of title 6, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-106 as it existed prior to 1994, and the
former § 42-11-106 was relocated to § 42-9-109.
42-11-107. Enforcement The attorney general and the district attorneys of the judicial
districts of the state are concurrently responsible for the enforcement of mis article.
Source: L. 94: Entire title amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-107 as it existed prior to 1994, and the
former § 42-11-107 was relocated to § 42-9-110.
42-11-106. Remedies. The provisions of this article shall be available to any service
contract holder in a civil action for any claim against a motor vehicle service contract
provider. The court shall award reasonable attorney fees and costs to a prevailing party in
any civil action brought to enforce the provisions of this article.
Source: L. 94: Entire tide amended with relocations, p. 2510, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-13-108 as it existed prior to 1994, and the
former § 42-11-108 was relocated to § 42-9-111.
COLLECTOR'S ITEMS
ARTICLE 12
Motor Vehicles as Collector's Items
Editor's note: This article was added in 1984. This tide was amended with relocations in 1994, and
this article was subsequently amended with relocations in 2011, resulting in the addition, relocation,
or elimination of sections as well as subject matter. For amendments to this article prior to 2011,
consult the 2010 Colorado Revised Statutes, the Colorado statutory research explanatory note
beginning on page vii in the front of this volume, and the editor's note following the title heading.
Former C.R.S. section numbers are shown in editor's notes following those sections that were
relocated. For a detailed comparison of this article for 2011, see the comparative tables located in the
back of the index.
PART 1 42-12-102. Rebuilder's certificate of title.
42-12-103. Furnishing bond for certifi-
GENERAL PROVISIONS cates.
42-12-104. Applicability of articles 1, 3, 4,
42-12-101. Definitions. 5, and 6.
42-12-101
Vehicles and Traffic
Title 42 -page 638
PART 2
STREET-ROD VEHICLES
42-12-201. Inspections - street-rod ve-
hicles.
42-12-202. Assignment of a special vehicle
identification number by the
department.
42-12-203. Identification number - tide -
street-rod vehicles.
42-12-204. Signal lamps and devices -
street-rod vehicles and cus-
tom motor vehicles - defini-
tion.
PART 3
SPECIAL REGISTRATION OF
HORSELESS CARRIAGES AND ORIGINAL
PLAIES
42-12-301. Special registration of horseless
carriages - rules.
42-12-302. Original plates.
PART 4
COLLECTORS ITEMS
42-12-401. Registration of collector's
items - fees - definition.
42-12-402. Storage.
42- 1 2-403. Special equipment or modifica-
tion.
42-12-404. Emissions.
42-12-405. Registration penalty.
PARTI
GENERAL PROVISIONS
42-12-101. Definitions. As used in this article, unless the context otherwise requires:
(1) "Collector" means an individual or person who is:
(a) The owner of one or more vehicles of historic or special interest who collects,
purchases, acquires, trades, or disposes of these vehicles or parts thereof for such owner* s
use in order to preserve, restore, and maintain a vehicle for hobby purposes or use; or
(b) A bona fide member of a national automobile club or association whose charter
recognizes in membership a sincere demonstration of interest in the history of automotive
engineering, in the preservation of antique, vintage, or special interest motor vehicles, in a
sharing of knowledge and experience with other automotive enthusiasts, or in the promotion
of good fellowship among such members or collectors.
(2) "Collector's item" means a motor vehicle, including a truck or truck tractor, that is
of:
(a) Model year 1975 or earlier; or
(b) Model year 1976 or later that was registered as a collector's item prior to September
1, 2009; except that a vehicle so registered is not eligible for registration as a collector's
item upon sale or transfer to a new owner.
(3) "Commercial vehicle" means a trailer, truck, or truck tractor, as those terms are
defined in section 42-1-102.
(4) "Dealer" means a person who is engaged in the business or vocation of manufac-
turing, buying, selling, trading, destroying, or salvaging motor vehicles, motor vehicle
parts, motor vehicle equipment, or motor vehicle accessories.
(5) "Department" means the department of revenue.
(6) "Director" means the executive director of the department of revenue.
(7) "Garage" means a building or business place used for the storage or repair of motor
vehicles.
(8) "Inspector" means a peace officer of a law enforcement agency who has been
certified under section 42-5-206 to inspect vehicle identification numbers.
(9) "Law enforcement agency" means the Colorado state patrol or the agency of a local
government authorized to enforce the laws of Colorado.
(10) "Motor vehicle" means a self-propelled vehicle designed for operation on the
highway and not running on rails.
Title 42 - page 639 Motor Vehicles as Collector's Items 42-12-102
(11) "Parts car'* means a motor vehicle, generally in inoperable condition, that is
owned by a collector to furnish or to supply parts that are usually unobtainable from normal
sources, thus enabling a collector or other collectors to preserve, restore, complete, and
maintain a vehicle of historic or special interest.
(12) "Rebuilt vehicle** means a vehicle that was assembled from parts of two or more
commercially manufactured vehicles or that has been altered in such a manner that it is not
readily recognizable as a commercially manufactured vehicle of a given year. "Rebuilt
vehicle" includes a kit car and a street-rod vehicle.
(13) "State** includes the territories and the federal districts of the United States.
(14) "Street-rod vehicle** means a vehicle with a body design manufactured in 1948 or
earlier or with a reproduction component that resembles a 1948 or earlier model that has
been modified for safe road use, including modifications to the drive train, suspension, and
brake systems, modifications to the body through the use of materials such as steel or
fiberglass, and modifications to other safety or comfort features.
(15) "Vehicle** means a motor vehicle required to have a certificate of tide under part
1 of article 6 of this title but does not include commercial vehicles.
(16) "Vehicle identification number** means the identifying number, serial number,
engine number, or other distinguishing number or mark, including any letters, that is unique
to the identity of a given vehicle or vehicle part and that was placed on a vehicle or vehicle
part by its manufacturer or by the department under either section 42-12-202 or the laws of
another state or country.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 232,
§ 1, effective August 10.
Editor's note: Subsection (11) is similar to former § 42-12-101 (3) as it existed prior to 2011.
42-12-102. RebuUder's certificate of title. (1) (a) If the applicant for a certificate of
title to a motor vehicle is unable to provide the director or the authorized agent with a
certificate of title duly transferred to the applicant or other evidence of ownership that
satisfies the director that the applicant owns the vehicle, the director may issue a rebuilder's
title for a motor vehicle valued principally because of the vehicle's early date of manu-
facture, design, or historical interest or valued as a collector's item if:
(1) The motor vehicle is not roadworthy;
(II) The motor vehicle is at least twenty-five years old;
(III) The components of the motor vehicle include at least a rolling chassis;
(IV) The application contains or is accompanied by a statement that complies with
paragraph (b) of this subsection (1);
(V) The applicant obtains a certified vehicle identification number inspection; and
(VI) The applicant provides surety that complies with subsection (3) of this section.
(b) The statement required by subparagraph (IV) of paragraph (a) of this subsection ( 1 )
must contain an account of the facts by which the applicant acquired ownership of the
vehicle, the source of the title to the vehicle, and such other information as the director may
require. The statement must contain a written declaration that it is made under the penalties
of perjury in the second degree, as defined in section 18-8-503, C.R.S.
(2) If a motor vehicle titled under this section is later made roadworthy, the department
shall issue to an applicant a standard certificate of tide if the applicant:
(a) Obtains a certified vehicle identification number inspection; and
(b) Furnishes a bond under subsection (3) of this section.
(3) (a) To convert a rebuilder's title to a standard certificate of tide, the applicant shall
furnish evidence of a savings account, deposit, or certificate of deposit meeting the
requirements of section 11-35-101, C.R.S., or a good and sufficient bond with a corporate
surety. The account, deposit, certificate, or bond must be in an amount fixed by the director,
but not less than twice the reasonable value of the vehicle, determined as of the time of
application. The applicant and the applicant's surety shall hold harmless any person who
suffers loss or damage by reason of the filing of a certificate of tide under this section.
42-12-103 Vehicles and Traffic Title 42 - page 640
(b) If a person suffers loss or damage by reason of the filing of a certificate of title under
this section, the person has a right of action against the applicant and the surety on the
applicant's bond, against either of whom the person damaged may proceed independently
of the other.
(4) (a) A person shall not drive a motor vehicle titled under this section on the
highways until it complies with subsection (5) of this section.
(b) The department or its authorized agent shall not classify a vehicle issued a title
under this section as a salvage vehicle.
(5) (a) If the motor vehicle's frame and body identification numbers do not match the
manufacturer's numbering system as being originally mated or if the motor vehicle is
reconstructed from salvage parts or other motor vehicles or reproduction parts, an appli-
cation for title using subsection (1) or (2) of this section must include evidence of ownership
of the parts, other motor vehicles, or reproduction components used in the reconstruction.
If the evidence is not acceptable to the director, the director shall reject the application for
certificate of title.
(b) The evidence required by paragraph (a) of this subsection (5) must include or be
accompanied by an affidavit stating the facts concerning the reconstruction and an affidavit
of physical inspection that includes a computer check of the state and national compilations
of wanted and stolen vehicles.
(c) Before issuing a certificate of title under paragraph (a) of this subsection (5), the
department shall issue a special vehicle identification number to the vehicle.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 234;
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-6-108.5 as it existed prior to 2011, and the
former § 42-12-102 was relocated to § 42-12-401.
42-12-103. Furnishing bond for certificates. (1) If a collector's item, street-rod
vehicle, or horseless carriage is twenty-five years old or older, the applicant has had a
certified vehicle identification number inspection performed on the vehicle, and the
applicant presents a notarized bill of sale within twenty-four months after the sale with the
title application, then the applicant need not furnish surety under section 42-6-115 (3). To
be excepted from the surety requirement, an applicant shall submit to the department a
sworn affidavit, under penalty of perjury, stating mat the required documents submitted are
true and correct.
(2) If any person suffers loss or damage by reason of the filing of the certificate of title
as provided in this section, the person shall have a right of action against the applicant and
the surety on the applicant's bond, against either of whom the person damaged may proceed
independently of the other.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 235,
§ 1, effective August 10.
Editor's note: The former § 42-12-103 was relocated to § 42-12-402 in 2011.
42-12-104. Applicability of articles 1, 3, 4, 5, and 6. Except as otherwise provided in
this article, articles 1, 3, 4, 5, and 6 of this title apply to the titling and registration of a motor
vehicle.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 236,
§ 1, effective August 10.
Editor's note: The former § 42-12-104 (1) and (3) were relocated to § 42-12-403, and the former
§ 42-12-104 (2) was relocated to § 42-12-404, in 2011.
Title 42 - page 641
Motor Vehicles as Collector's Items
42-12-203
PART 2
STREET-ROD VEHICLES
42-12-201. Inspections - street-rod vehicles. When an inspector performs a vehicle
identification number inspection on a street-rod vehicle, the inspector shall accept the serial
number of such street-rod vehicle as the vehicle's identification number or, if the street-rod
vehicle has frame and body identification numbers that do not match or is reconstructed
from salvage parts, other vehicles, or reproduction parts, the inspector shall accept the
special vehicle identification number assigned to such vehicle by the department by section
42-12-202 as the vehicle identification number.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 236,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-5-203 as it existed prior to 2011.
42-12-202. Assignment of a special vehicle identification number by the depart-
ment The department may assign a special vehicle identification number to any street-rod
vehicle whenever required by section 42-12-203 and to any vehicle or commercial vehicle
whenever no vehicle identification number is found on the vehicle or whenever a vehicle
identification number has been removed, changed, altered, or obliterated. The special
number must be affixed to the vehicle or commercial vehicle in the manner and position
determined by the department. The special number is the vehicle identification number
required to be recorded by an inspector on the inspection form that is transmitted to the
department, which shall register and title the motor vehicle using the special vehicle
identification number.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 236,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-5-205 as it existed prior to 2011.
ANNOTATION
Annotator's note. The following annotations
include cases decided prior to the 2011 amend-
ment to this article.
The provisions of this section are not in-
consistent with § 42-5-102 (2), by which the
general assembly intended to prohibit inten-
tional alteration of identification numbers. Peo-
ple v. Sequin, 199 Colo. 381, 609 P.2d 622
(1980); People v. Rautenkranz, 641 P.2d 317
(Colo. App. 1982).
Court's determination in motion for return
of seized vehicle. In a motion for return of a
seized vehicle, the trial court must determine
whether the obliteration or alteration of the ve-
hicle identification number was intentional, in
which case § 42-5-102 (2) would govern and
the vehicle would be subject to forfeiture as
contraband, or whether the obliteration or alter-
ation was unintentional, in which case the vehi-
cle would not be contraband and should be
released to the owner. People v. Rautenkranz,
641 P.2d 317 (Colo. App. 1982).
42-12-203. Identification number - title - street-rod vehicles. (1) When a person
applies for a certificate of title for a street-rod vehicle, the department shall accept the serial
number of the street-rod vehicle as its vehicle identification number or the special vehicle
identification number assigned to such vehicle by the department under section 42-12-202.
(2) A person who applies for a certificate of title for a street-rod vehicle having frame
and body identification numbers that do not match the manufacturer's numbering system as
being originally mated or that is reconstructed from salvage parts or other motor vehicles
or reproduction parts shall furnish evidence of ownership, acceptable to the director, of such
salvage parts, other motor vehicles, or reproduction components used in the reconstruction
42-12-204 Vehicles and Traffic Title 42 - page 642
of such vehicle. In addition, the applicant shall furnish an affidavit stating the facts
concerning the reconstruction and an affidavit of physical inspection that includes a
computer check of the state and national compilations of wanted and stolen vehicles. The
department may issue a special vehicle identification number and title the street-rod vehicle
as a rebuilt vehicle. The model year and the year of manufacture that are listed on the
certificate of title of a street-rod vehicle are the model year and the year of manufacture that
the body of such vehicle resembles.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 236,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-6-108 as it existed prior to 2011.
42-12-204. Signal lamps and devices - street-rod vehicles and custom motor
vehicles - definition. (1) As used in this section, "blue dot tail light'* means a red lamp
installed in the rear of a motor vehicle containing a blue or purple insert that is not more
than one inch in diameter.
(2) A street-rod vehicle or custom motor vehicle may use blue dot tail lights for stop
lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors if the lamps
comply with all requirements of part 2 of article 4 of this title.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 237,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-4-215.5 as it existed prior to 2011.
PART 3
SPECIAL REGISTRATION OF HORSELESS
CARRIAGES AND ORIGINAL PLATES
42-12-301. Special registration of horseless carriages - rules. (1) (a) The depart-
ment may specially register and issue a horseless carriage special license plate for motor
vehicles valued principally because of the vehicles* early date of manufacture, design, or
historical interest or valued as collector's items.
(b) For the purposes of this section, "early date of manufacture" means that a motor
vehicle was manufactured at least fifty years before the current date of registration.
(2) The plates issued under subsection (1) of this section must be of a design,
determined by the director, that is different from that used by the state for regular motor
vehicle registration.
(3) (a) The director shall register the vehicles and issue plates for a period not
exceeding five years, but all the registrations and plates shall expire on the same date
regardless of the date of issue.
(b) Upon the expiration of the five-year period ending with the year 1959, and each five
years thereafter, the registration plate originally issued for each vehicle must remain with
the vehicle. The director shall issue a tab to be securely fastened to the plate showing the
five years for which the motor vehicle is registered.
(c) A person who has registered a vehicle under this section shall renew the registration
within thirty days prior to its expiration date. If the application for renewal, together with
the fees, is not received by the director prior to the expiration date, the director shall notify
the registered owner, at the address shown by the department's records, by regular mail, to
reregister the vehicle or surrender the registration plate within ten days after the expiration
date of the registration. If the notice is not complied with, the director shall secure the return
of the plate.
(4) The fee for issuing such registration and special registration plate or tab is five
dollars for each five-year period or fraction thereof. In addition to the five-dollar registration
Title 42 - page 643 Motor Vehicles as Collector's Items 42-12-401
fee, the director shall collect the one-dollar-and-fifty-cent annual specific ownership fee
provided by law for each year of registration, which additional fee shall be collected for the
number of years remaining at the time of registration and issuance or renewal of the
registration.
(5) A person may drive a motor vehicle with the special registration plates authorized
by this section or section 42-12-302 on the streets and highways, but only:
(a) To and from assemblies, conventions, or other meetings where such vehicles and
their ownership are the primary interest;
(b) On special occasions, for demonstrations and parades;
(c) On occasions when the operation of the vehicle on the streets and highways will not
constitute a traffic hazard; and
(d) To, from, and during local, state, or national tours held primarily for the exhibition
and enjoyment of such vehicles.
(6) Upon the sale or transfer of a motor vehicle bearing a special registration plate, the
plate remains with the vehicle and is transferred to the new owner. The new owner shall title
such motor vehicle as provided by law and give notice of the transfer of ownership to the
department.
(7) Applications for special registration of motor vehicles are made directly to the
department. The department shall administer all matters concerning such registration. The
department shall transfer fees received from special registrations to the state treasurer, who
shall credit the fees to the highway users tax fund.
(8) The director may prepare any special forms and issue any rules necessary to
implement this section.
(9) When the director receives an application for a title to a vehicle under subsection
(1) of this section, the director shall accept the original motor or serial number on the
vehicle and shall not require or issue a special identification number for the vehicle.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 237,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-3-219 as it existed prior to 2011.
42-12-302. Original plates. (1) In addition to any other registration, the department
may approve use of the style of original plates from the vehicle's year of manufacture for
motor vehicles valued principally because of the vehicles' early date of manufacture,
design, or historical interest or valued as collector's items. Original plates must meet the
following criteria in order to qualify for use under this section:
(a) The plates were made at least thirty years prior to registration under this section;
(b) The plates are embossed with the year of original issue;
(c) The plates are legible;
(d) The plates were issued contemporaneously with the year of manufacture of the
vehicle upon which they are displayed, as determined by the department; and
(e) The plates do not exceed seven characters.
(2) A person shall not drive the vehicle bearing the original plates except as authorized
in section 42-12-301 (5).
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 239,
§ 1, effective August 10.
PART 4
COLLECTOR'S ITEMS
42-12-401. Registration of collector's Hems - fees - definition. ( 1 ) Except for motor
vehicles that are entitled to registration under section 42-12-301, owners of collector's items
shall apply for a title, register, and pay a specific ownership tax in the same manner as
provided in this title for other motor vehicles, with the following exceptions:
42-12-401 Vehicles and Traffic Title 42 - page 644
(a) Such collector's items are registered for periods of five years. The taxes and fees
imposed for registration of a collector's item for each five-year registration period is equal
to five times the annual taxes and fees that would otherwise be imposed for the registration
of the motor vehicle under this title and under title 43, C.R.S.; except that the amount of a
surcharge imposed pursuant to section 43-4-804 (1) (a) or 43-4-805 (5) (g), C.R.S., is the
amount specified in the applicable section. In addition to any other taxes and fees, if a
collector's item is registered in a county that is a member of a highway authority and the
authority has imposed an annual motor vehicle registration fee pursuant to section 43-4-506
(1) (k), C.R.S., then five times such annual motor vehicle registration fee is imposed and
remitted to the authority.
(b) The motor vehicle's compliance with emissions standards is governed by section
42-12-404.
(c) The annual registration fee for a truck or truck tractor that has an empty weight of
six thousand one pounds or more, or a declared gross vehicle weight of sixteen thousand
one pounds or more and is a collector's item, is sixty-five dollars if such vehicle is used
exclusively for noncommercial transportation and only used to drive:
(1) To and from assemblies, conventions, or other meetings where such vehicles and
their ownership are the primary interest;
(II) For special occasions, demonstrations, and parades and on occasions when their
operation on the streets and highways will not constitute a traffic hazard; or
(10) Traveling to, from, and during local, state, or national tours held primarily for the
exhibition and enjoyment of such vehicles by their owners.
(d) For purposes of paragraph (c) of this subsection (1), "noncommercial transporta-
tion" means a truck or truck tractor used exclusively for private transportation of passengers
or cargo for purposes unrelated in any way to a business or commercial enterprise.
(2) (a) An owner of a collector's item that is not operated upon the highways of this
state and that is kept on private property for the purpose of maintenance, repair, restoration,
rebuilding, or any other similar purpose shall pay an annual specific ownership tax as
provided in section 42-3-106 on any such motor vehicle owned by the owner, except owners
of parts cars or licensed garages or licensed automobile dealers. The owner shall pay the
specific ownership tax in the manner provided in section 42-12-301.
(b) Upon payment of the specific ownership tax as provided in this subsection (2), the
department shall issue to the owner of the motor vehicle for which the tax has been paid a
license, sticker, decal, or other device evidencing such payment, as may be prescribed by
the director. When such device or license is affixed to the motor vehicle for which it is
issued, the owner of that motor vehicle is permitted to keep such motor vehicle on private
property for the purposes of maintenance, repair, restoration, rebuilding, or renovation.
(3) Notwithstanding the amount specified for any fee in subsection (1) of this section,
the director by rule or as otherwise provided by law may reduce the amount of one or more
of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncom-
mitted reserves of the fund to which all or any portion of one or more of the fees is credited.
After the uncommitted reserves of the fund are sufficiently reduced, the director by rule or
as otherwise provided by law may increase the amount of one or more of the fees as
provided in section 24-75r402 (4), C.R.S.
(4) An applicant may apply for personalized license plates issued for a motor vehicle
registration issued pursuant to mis section. If the applicant complies with section 42-3-211,
the department may issue such plates upon payment of the additional fee required by section
42-3-211 (6) for personalized license plates. If the applicant has existing personalized
license plates for a motor vehicle, the applicant may transfer the combination of letters or
numbers to a new set of license plates for the vehicle upon paying the fee imposed by
section 42-3-211 (6) (a) and upon turning in such existing plates to the department as
required by the department. A person who has obtained personalized plates under this
subsection (4) shall pay the annual fee imposed by section 42-3-211 (6) (b) to renew such
plates. The fees imposed by this subsection (4) are in addition to all other taxes and fees
imposed for collector's license plates.
Title 42 - page 645 Motor Vehicles as Collector's Items 42-12-405
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 240,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-12-102 as it existed prior to 2011.
42-12-402. Storage. A collector may store one or more motor vehicles or motor vehicle
parts on the collector's property if the vehicle, motor vehicle part, and storage area are
maintained so as to not constitute a health hazard, a safety hazard, or a fire hazard; are
screened from ordinary public view by means of a solid fence, trees, shrubbery, or other
appropriate means; and are kept free of weeds, trash, and objectionable items.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 241,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-12-103 as it existed prior to 2011.
ANNOTATION
This section held to preempt county zoning Comm'rs v. Martin, 856 P.2d 62 (Colo. App.
ordinance which prohibited outdoor storage 1993) (decided prior to the 2011 amendment to
of only one collector's vehicle. Bd. of County this article).
42-12-403. Special equipment or modification. (1) Unless the presence of special
equipment was a prior condition for sale within Colorado at the time an historic or special
interest vehicle was manufactured for first use, the presence of such equipment or device is
not required as a condition for current legal use.
(2) Any safety device or safety equipment that was manufactured for and installed on
a motor vehicle as original equipment must be in proper operating condition when the
vehicle is operated on or for highway purposes.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 242,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-12-104 (1) and (3) as they existed prior to
2011.
42-12-404. Emissions. (1) A motor vehicle of historic or special interest manufac-
tured prior to the date emission controls were standard equipment on that particular make
or model of vehicle is exempted from statutes requiring the inspection and use of such
emission controls. A motor vehicle using emission controls as standard equipment at the
time of manufacture must have such equipment in proper operating condition at all times
when the vehicle is operated on or for highway purposes.
(2) A certification of emissions control that has been issued for a motor vehicle that is
registered as a collector's item before September 1, 2009, and that is of model year 1976
or later is valid until the motor vehicle is sold or transferred.
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 242,
§ 1, effective August 10.
Editor's note: This section is similar to former § 42-12-104 (2) as it existed prior to 2011.
42-12-405. Registration penalty. In addition to any other penalties, the department
shall cancel the registration of a noncommercial or recreational vehicle, truck, or truck
tractor registered as a collector* s item pursuant to section 42-12-401 that is used to transport
cargo or passengers for profit or hire or in a business or commercial enterprise. The
42-13-101 Vehicles and Traffic Title 42 - page 646
department shall cancel the registration of a truck or truck tractor registered as a collector's
item pursuant to section 42-12-401 that is driven for any purpose other than those purposes
allowed in section 42-12-401 (1) (c).
Source: L. 2011: Entire article amended with relocations, (SB 11-031), ch. 86, p. 242,
§ 1, effective August 10.
DISPOSITION OF PERSONAL PROPERTY
ARTICLE 13
Disposition of Personal Property
42-13-101.
Scope and effect of article -
42-13-106.
Impounded vehicles - notice -
exception to provisions.
hearing.
42-13-102.
Return of property.
42-13-107.
Recovery of property - lirihta-
42-13-103.
Sale of unclaimed property.
tion.
42-13-104.
Deposit of proceeds.
42-13-108.
Damages.
42-13-105.
Release of impounded ve-
hicles - penalty.
42-13-109.
Local regulations.
42-13-101. Scope and effect of article - exception to provisions. This article shall
apply to all personal property acquired or held by a law enforcement agency in the course
of motor vehicle law enforcement or related highway duties and under circumstances
supporting a reasonable belief that such property was abandoned, lost, stolen, or otherwise
illegally possessed, including property left in abandoned vehicles or at vehicle accident
locations, unclaimed property obtained by a search and seizure, and unclaimed property
used as evidence in any criminal trial, except for such other personal property as shall be
disposed of in a different manner in accordance with other Colorado statutes.
Source: L. 94: Entire title amended with relocations, p. 2513, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-16-101 as it existed prior to 1994, and the
former § 42-13-101 was relocated to § 42-11-101.
42-13-102. Return of property. Any personal property of the type described in section
42-13-101 and believed to be abandoned, lost, stolen, or otherwise illegally possessed shall
be retained in custody by the sheriff, chief of police, or chief of the Colorado state patrol
or by a designated representative within the law enforcement agency, who shall make
reasonable inquiry and effort to identify and notify the owner or person entitled to
possession thereof and shall return the property after such owner or person provides
reasonable and satisfactory proof of ownership or right to possession and reimburses the
law enforcement agency for all reasonable expenses of such custody and handling.
Source: L. 94: Entire title amended with relocations, p. 2513, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-16-102 as it existed prior to 1994, and the
former § 42-13-102 was relocated to § 42-11-102.
42-13-103. Sale of unclaimed property. If the identity or location of the owner or
person entitled to possession of the property has not been ascertained within six months
after the law enforcement agency obtains possession of the property described in section
42-13-101, the sheriff, chief of police, or chief of the Colorado state patrol or a designated
representative within the law enforcement agency shall effectuate the sale of such property
Title 42 - page 647 Disposition of Personal Property 42-13-106
for cash to the highest bidder at a public auction, notice of which, including time, place, and
a brief description of such property, shall be published at least once in a newspaper of
general circulation in the county wherein such official has authority or jurisdiction or, in the
case of the Colorado state patrol, in the county wherein said public auction is to be held at
least ten days prior to such auction.
Source: L. 94: Entire title amended with relocations, p. 2514, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-16-103 as it existed prior to 1994, and the
former § 42-13-103 was relocated to § 42-11-103.
42-13-104. Deposit of proceeds. Proceeds from the sale of property at public auction,
less reimbursement of the law enforcement agency for the reasonable expenses of custody
and handling thereof, shall be deposited in the treasury of the county, city and county, city,
town, or state of which government the law enforcement agency is a branch.
Source: L. 94: Entire title amended with relocations, p. 2514, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-16-104 as it existed prior to 1994, and the
former § 42-13-104 was relocated to § 42-11-104.
42-13-105. Release of impounded vehicles - penalty. Any owner, operator, or em-
ployee of any garage or service station or any appointed custodian who releases any vehicle
impounded or ordered held by an officer of the Colorado state patrol without a release from
an officer of the Colorado state patrol or a bona fide court order commits a class 3
misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2514, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1564, § 380, effective October 1.
Editor's note: This section is similar to former § 24-33.5-213 as it existed prior to 1994, and the
former § 42-13-105 was relocated to § 42-11-105.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-13-106. Impounded vehicles - notice - hearing. (1) Whenever a motor vehicle is
impounded and ordered held by the Colorado state patrol for a violation of motor vehicle
registration or inspection laws, said patrol shall notify the registered owner of record of the
impoundment of such vehicle and of the owner's opportunity to request a hearing to
determine the validity of the impoundment.
(2) Such notice shall be sent by certified mail to the owner of the motor vehicle within
forty-eight hours of impoundment, excluding weekends and holidays, and shall include the
following information:
(a) The address and telephone number of the Colorado state patrol;
(b) The location of storage of the motor vehicle;
(c) A description of the motor vehicle, which shall include, if available, the make,
model, license plate number, mileage, and vehicle identification number;
(d) The reason for which the motor vehicle was ordered held;
(e) A citation to this section as the basis for the hearing provided for in subsection (1)
of this section;
(f) That, if the owner fails to request a hearing or if the impoundment is determined to
be valid and the owner does not comply with the appropriate statute within thirty days, the
motor vehicle may be subject to sale; and
42-13-107 Vehicles and Traffic Title 42 - page 648
(g) That, in order to obtain a hearing concerning the validity of the impoundment, the
owner must request such hearing in writing in the county court of the county in which the
motor vehicle was impounded within ten days after the date appearing on the notice.
(3) Any notice sent to the owner of a motor vehicle pursuant to this section shall also
include a form that the owner shall use when requesting a hearing in the county court of the
county in which the motor vehicle is impounded. Such form shall include at least the
following:
(a) The name and address of the owner of the impounded motor vehicle;
(b) A description of the motor vehicle as specified in paragraph (c) of subsection (2) of
this section;
(c) The reason for which the motor vehicle was ordered held;
(d) A printed citation to this section as the basis for the requested hearing;
(e) A printed statement naming the Colorado state patrol as a party to the action;
(f) A printed statement that the hearing is requested to contest the legality of the
impoundment; and
(g) A statement to the owner of the motor vehicle that a copy of the citation on which
the impoundment was based and a copy of the notice served on the owner by the Colorado
state patrol must be attached to the form to complete the owner* s request for a hearing.
(4) Any such hearing shall be conducted within five days after the court's receipt of the
owner's request for a hearing, excluding weekends and holidays. The clerk of the county
court to which the request for hearing was made shall provide written notice of the
scheduled date, time, and location of said hearing to both the requesting party and the
Colorado state patrol, which notice shall be delivered at least two days prior to the hearing
date. The failure of the owner to request or to attend a scheduled hearing shall satisfy the
hearing requirement of this section.
(5) The sole issue of the hearing shall be the legality of the impoundment of the motor
vehicle. The burden of proof shall be on the Colorado state patrol to establish probable
cause for the impoundment.
(6) If the court determines that the impoundment was invalid, the Colorado state patrol
shall be responsible only for the costs incurred in the towing and storage of the motor
vehicle. If the court determines that the impoundment was valid and if the owner does not
comply with the appropriate statute within ten days after the court's decision and refuses to
remove the motor vehicle by means other than under its own power on a public highway,
the Colorado state patrol shall have reasonable grounds to believe that the motor vehicle has
been abandoned, and the provisions of part 18 or 21 of article 4 of this title shall apply;
except that any notice or hearing requirements of said part 18 or 21 of article 4 of this title
as to owners of motor vehicles shall be deemed to have been met by the notice and hearing
provisions of this section. Nevertheless, the notice and hearing requirements of said part 18
or 21 of article 4 of this title as to lienholders, other than section 42-4-1814, shall not be
deemed to have been met by the notice and hearing provisions of this section.
(7) The provisions of this section shall not apply to removal of motor vehicles for any
purpose other than those specified in this section.
Source: L. 94: Entire title amended with relocations, p. 2514, § 1, effective January 1,
1995. L. 2002: (6) amended, p. 485, § 6, effective July 1.
Editor's note: This section is similar to former § 24-33.5-213.5 as it existed prior to 1994, and the
former § 42-13-106 was relocated to § 42-11-106.
42-13-107. Recovery of properly - limitation. The owner or person entitled to
possession of the property described in section 42-13-101 may claim and recover posses-
sion of the property at any time before its sale at public auction upon providing reasonable
and satisfactory proof of ownership or right to possession and after reimbursing the law
enforcement agency for all reasonable expenses of custody and handling thereof.
Source: L. 94: Entire title amended with relocations, p. 2516, § 1, effective January 1,
1995.
Title 42 - page 649 State Idling Standard 42-14-102
Editor's note: This section is similar to former § 42-16-105 as it existed prior to 1994, and the
former § 42-13-107 was relocated to § 42-11-107.
42-13-108. Damages. No person or agency shall be responsible for consequent dam-
ages to another occasioned by an act or omission in compliance with this article.
Source: L. 94: Entire tide amended with relocations, p. 2516, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-16-106 as it existed prior to 1994, and the
former § 42-13-108 was relocated to § 42-4-903.
42-13-109. Local regulations. The provisions of this article may be superseded by
ordinance or resolution of a municipality or county which sets forth procedures for
disposition of personal property.
Source: L. 94: Entire title amended with relocations, p. 2516, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 42-16-107 as it existed prior to 1994.
IDLING STANDARD
ARTICLE 14
State Idling Standard
42-14-101. Legislative declaration. 42-14-104. Applicability.
42-14-102. Definitions. 42-14-105. Idling.
42-14-103. Uniform standard - local gov- mm ^ ~ 7.
emments. 42-14-106. Penalties.
42-14-101. Legislative declaration. The general assembly hereby finds and determines
that the operation of a motor vehicle in commerce has important statewide ramifications for
commercial diesel vehicle operators because the transportation of people and property is not
confined to one jurisdiction. Therefore, the general assembly hereby declares that idling
standards are a matter of statewide concern.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 942, § 2, effective July
1.
42-14-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Covered vehicle" means a vehicle to which this article applies under section
42-3-104.
(2) "Idling" means when the primary propulsion engine of a covered vehicle is running
but the vehicle is not in motion.
(3) "Loading location" means a place where a covered vehicle loads or unloads people
or property.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 943, § 2, effective July
1.
42-14-103 Vehicles and Traffic Title 42 - page 650
42-14-103. Uniform standard - local governments. A local authority shall not adopt
or enact a resolution, ordinance, or other law concerning idling of a covered vehicle that is
more stringent than this article.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 943, § 2, effective July
1.
42-14-104. Applicability. (1) This article applies to:
(a) Commercial diesel vehicles with a gross vehicle weight rating of greater than
fourteen thousand pounds that are designed to operate on highways; and
(b) Locations where commercial diesel vehicles load or unload if a local authority has
adopted or enacted a resolution, ordinance, or other law consistent with this article.
(2) This article does not supersede an ordinance of a local authority if the authority has
an average elevation of over six thousand feet and if the ordinance was in effect on January
1, 2011.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 943, § 2, effective July
1.
42-14-105. Idling. (1) Standard. The owner or operator of a covered vehicle shall
not cause or permit the vehicle to idle for more than five minutes within any sixty-minute
period except as authorized by subsection (2) of this section.
(2) Exemptions. Subsection (1) of this section does not apply to an idling, covered
vehicle:
(a) When it remains motionless because of highway traffic, an official traffic control
device or signal, or at the direction of a law enforcement officer;
(b) When the driver is operating defrosters, heaters, or air conditioners or is installing
equipment only to prevent a safety or health emergency, and not for rest periods;
(c) In the case of a law enforcement, emergency, public safety, or military vehicle, or
any other vehicle used to respond to an emergency, when it is responding to an emergency
or being used for training for an emergency, and not for the convenience of the vehicle
operator;
(d) When necessary for required maintenance, servicing, or repair of the vehicle;
(e) During a local, state, or federal inspection verifying that the equipment is in good
working order if required for the inspection;
(f) During the operation of power take-off equipment if necessary for operating
work-related mechanical or electrical equipment;
(g) In the case of an armored vehicle, when a person is inside the vehicle to guard its
contents or during the loading or unloading of the vehicle;
(h) In the case of a passenger bus, when idling for up to five minutes in any
sixty-minute period to maintain passenger comfort while nondriver passengers are on
board;
(i) When used to heat or cool a sleeper berth compartment during a rest or sleep period
at a safety rest area as defined under 23 CFR 752.3, fleet trucking terminal, commercial
truck stop, or state-designated location designed to be a driver's rest area;
(j) When used to heat or cool a sleeper berth compartment during a rest or sleep period
at a location where the vehicle is legally permitted to park and that is at least one thousand
feet from residential housing, a school, a daycare facility, a hospital, a senior citizen center,
or a medical outpatient facility providing primary, specialty, or respiratory care; or
(k) When idling for up to twenty minutes in any sixty-minute period if the ambient
temperature is less then ten degrees.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 943, § 2, effective July
1.
Title 42 - page 651 Transportation of Hazardous and Nuclear Materials 42-14-106
42-14-106. Penalties. The owner or operator of a vehicle or the owner of a loading
location that violates this article commits a class B traffic infraction, punishable by a fine
of not more than one hundred fifty dollars for the first offense or a fine of not more than five
hundred dollars for a second or subsequent offense and by a surcharge of twenty dollars in
accordance with section 24-4.1-119, C.R.S.
1.
Source: L. 2011: Entire article added, (HB 11-1275), ch. 215, p. 944, § 2, effective July
HIGHWAY SAFETY
ARTICLE 20
Transportation of Hazardous and Nuclear Materials
Cross references: For criminal provisions relating to hazardous waste violations, see § 18-13-112;
for provisions relating to hazardous waste, see article 15 of title 25; for provisions relating to
hazardous substance incidents, see article 22 of title 29.
PARTI
HAZARDOUS MATERIALS -
GENERAL PROVISIONS
Short title.
Legislative declaration.
Definitions.
General powers and duties of
chief - department of public
safety - cooperation from
other state agencies.
Enforcement.
Regulatory authority of local
governments - preemption -
disposition of local fines and
penalties.
Hazardous materials safety
fund.
Rules and regulations for trans-
portation of hazardous mate-
rials.
Materials used for agricultural
production - exemption - leg-
islative declaration.
Penalty for violations.
Immobilization of unsafe ve-
hicles.
Additional penalties.
Reimbursement of local gov-
ernments.
Hazardous materials spill -
abandonment of vehicle con-
taining hazardous material -
penalty.
PART 2
PERMIT SYSTEM FOR
HAZARDOUS MATERIALS
42-20-201. Hazardous materials transpor-
tation permit required.
42-20-101.
42-20-102.
42-20-103.
42-20-104.
42-20-105.
42-20-106.
42-20-107.
42-20-108.
42-20-108.5.
42-20-109.
42-20-110.
42-20-111.
42-20-112.
42-20-113.
42-20-202. Transportation permit - appli-
cation fee.
42-20-203. Carrying of permit and ship-
ping papers.
42-20-204. Permit violations - penalties.
42-20-205. Permit suspension or revoca-
tion.
42-20-206. Local government preemption.
PART 3
ROUTE DESIGNATION FOR
HAZARDOUS MATERIALS
42-20-300.3. Definitions.
42-20-301. Route designation.
42-20-302. Application for route designa-
tion - procedure - approval.
42-20-303. Road signs required - uniform
standards.
42-20-304. Emergency closure of public
roads.
42-20-305. Deviation from authorized
route - penalty.
PART 4
NUCLEAR MATERIALS -
GENERAL PROVISIONS
42-20-401. Legislative declaration.
42-20-402. Definitions.
42-20-403. Chief to promulgate rules and
regulations - motor vehicles.
42-20-404. Inspections.
42-20-405. Violations - criminal penalties.
42-20-406. Violations - civil penalties -
motor vehicles.
42-20-407. Repeat violations - civil penal-
ties.
42-20-408. Compliance orders - penalty.
42-20-101
Vehicles and Traffic
Title 42 -page 652
PART 5
NUCLEAR MATERIALS
PERMIT SYSTEM
42-20-501.
42-20-502.
42-20-503.
42-20-504.
Nuclear materials transporta-
tion permit required - appli-
cation.
Permits - fees.
Carrying of shipping papers.
Rules and regulations.
42-20-505. Penalties - permit system.
42-20-506. Permit suspension and revoca-
tion.
42-20-507. Local government preemption.
42-20-508. Route designation - motor ve-
hicles.
42-20-509. Strict liability for nuclear inci-
dents.
42-20-510. Statute of limitations.
42-20-511. Nuclear materials transporta-
tion fund.
PARTI
HAZARDOUS MATERIALS - GENERAL PROVISIONS
42-20-101. Short title. Parts 1, 2, and 3 of this article shall be known and may be cited
as the "Hazardous Materials Transportation Act of 1987".
Source: L. 94: Entire title amended with relocations, p. 2516, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-101 as it existed prior to 1994.
42-20-102. Legislative declaration. The general assembly finds that the permitting and
routing of motor vehicles transporting hazardous materials is a matter of statewide concern
and is affected with a public interest and that the provisions of parts 1, 2, and 3 of this article
are enacted in the exercise of the police powers of this state for the purpose of protecting
the health, peace, safety, and welfare of the people of this state.
Source: L. 94: Entire title amended with relocations, p. 2516, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-102 as it existed prior to 1994.
42-20-103. Definitions. As used in this article, unless the context otherwise requires:
(1) "Chief" means the chief of the Colorado state patrol.
(2) "Enforcement official" means, and is limited to, a peace officer who is an officer of
the Colorado state patrol as described in sections 16-2.5-101 and 16-2.5-114, C.R.S., a port
of entry officer, as defined in section 42-8-102 (3), a peace officer who is an investigating
official of the transportation section of the public utilities commission as described in
sections 16-2.5-101 and 16-2.5-143, C.R.S., or any other peace officer as described in
section 16-2.5-101, C.R.S.
(3) "Hazardous materials" means those materials listed in tables 1 and 2 of 49 CFR
172.504, excluding highway route controlled quantities of radioactive materials as defined
in 49 CFR 173.403 (1), excluding ores, the products from mining, milling, smelting, and
similar processing of ores, and the wastes and tailing therefrom, and excluding special
fireworks as defined in 49 CFR 173.88 (d) when the aggregate amount of flash powder does
not exceed fifty pounds.
(4) "Motor vehicle" means any device which is capable of moving from place to place
upon public roads. The term includes, but is not limited to, any motorized vehicle or any
such vehicle with a trailer or semitrailer attached thereto.
(5) "Patrol" means the Colorado state patrol within the department of public safety.
(6) "Person" means an individual, a corporation, a government or governmental
subdivision or agency, a partnership, an association, or any other legal entity; except that
separate divisions of the same corporation may, at their request, be treated as separate
persons for the purposes of part 2 of this article.
Title 42 - page 653 Transportation of Hazardous and Nuclear Materials 42-20-105
(7) "Public road** means every way publicly maintained and opened to the use of the
public for the purposes of vehicular travel, including, but not limited to, streets, bridges, toll
roads, tunnels, and state and federal highways.
Source: L. 94: Entire title amended with relocations, p. 2516, § 1, effective January 1,
1995. L. 2003: (2) amended, p. 1626, § 52, effective August 6. L. 2012: (2) amended,
(HB 12-1019), ch. 135, p. 472, § 21, effective July 1.
Editor's note: This section is similar to former § 43-6-103 as it existed prior to 1994.
42-20-104. General powers and duties of chief - department of public safety •
cooperation from other state agencies. (1) In addition to any other powers and duties
granted to him or her in parts 1, 2, and 3 of this article, the chief shall promulgate such rules
and regulations and conduct such hearings as may be necessary for the administration of
this article.
(2) In addition to any other powers and duties granted to him or her in parts 1, 2, and
3 of this article and except as otherwise provided in parts 1, 2, and 3 of this article, the chief
shall have the general authority and duty to carry out the provisions of parts 1, 2, and 3 of
this article and shall promulgate such rules and regulations, subject to the provisions of
article 4 of title 24, C.R.S., as may be necessary to clarify the enforcement provisions of
parts 1, 2, and 3 of this article.
(3) Upon request, other agencies of state government, including but not limited to the
department of public health and environment and the department of transportation, shall
provide advice and assistance to the department of public safety relating to the program
established by parts 1, 2, and 3 of this article.
Source: L. 94: Entire title amended with relocations, p. 2517, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-104 as it existed prior to 1994.
42-20-105. Enforcement (1) The provisions of parts 1, 2, and 3 of this article
relating to the transportation of hazardous materials by motor vehicle may only be enforced
by an enforcement official.
(2) Any enforcement official shall have the authority to issue penalty assessments for
the misdemeanor traffic offenses specified in sections 42-20-204 (1) and 42-20-305 (2). At
any time that a person is cited for a violation of any of the offenses specified, the person in
charge of or operating the motor vehicle involved shall be given a notice in the form of a
penalty assessment notice. Such notice shall be tendered by the enforcement official and
shall contain the name and address of such person, the license number of the motor vehicle
involved, if any, the number of such person's driver's license, the nature of the violation,
the amount of the penalty prescribed for such violation, the date of the notice, a place for
such person to execute a signed acknowledgment of receipt of the penalty assessment
notice, a place for such person to execute a signed acknowledgment of guilt for the cited
violation, and such other information as may be required by law to constitute such notice
as a summons and complaint to appear in court should the prescribed penalty not be paid
within twenty days. Every cited person shall execute the signed acknowledgment of receipt
of the penalty assessment notice. The acknowledgment of guilt shall be executed at the time
the cited person pays the prescribed penalty. The person cited shall pay the specified penalty
at the office of the department of revenue, either in person or by postmarking such payment
within twenty days after the citation. The department of revenue shall accept late payment
of any penalty assessment up to twenty days after such payment becomes due. If the person
cited does not pay the prescribed penalty within twenty days of the notice, the penalty
assessment notice shall constitute a summons and complaint to appear in the county court
of the county in which the penalty assessment was issued at a time and place specified by
42-20-106 Vehicles and Traffic Title 42 - page 654
the notice, unless payment for such penalty assessment has been accepted by the department
of revenue as evidenced by receipt.
(3) All enforcement officials may, at their discretion and in lieu of issuing the penalty
assessments pursuant to subsection (2) of this section, issue warning citations to persons
who violate the provisions of part 1, 2, or 3 of this article.
(4) Enforcement of any law relating to the fixed-site storage or use of hazardous
materials shall not be affected by the provisions of part 1, 2, or 3 of this article.
Source: L. 94: Entire title amended with relocations, p. 2518, § 1, effective January 1,
1995. L. 2000: (2) amended, p. 1651, § 47, effective June 1. L. 2003: (1) amended, p.
664, § 2, effective August 6. L. 2006: (1) amended, p. 1064, § 2, effective July 1.
Editor's note: This section is similar to former § 43-6-105 as it existed prior to 1994.
42-20-106. Regulatory authority of local governments - preemption - disposition of
local fines and penalties. (1) Except as specifically authorized in parts 1, 2, and 3 of this
article, no county, town, city, or city and county shall have any authority to regulate the
transportation of hazardous materials separate and apart from the regulation of other
commodities. However, a county, town, city, or city and county may adopt and enforce
regulations or ordinances which are no more stringent than the provisions of state law and
regulations adopted pursuant thereto, if violations of such local regulations or ordinances
carry penalties which are not more than the penalties imposed upon violations of state law
and regulations adopted pursuant thereto. Any local government which adopts a regulation
or ordinance pursuant to this section shall file a certified copy of such regulation or
ordinance, and any amendment thereto, with the patrol.
(2) No person shall be prosecuted for a violation of both the provisions of part 1, 2, or
3 of this article and the provisions of such local ordinance or regulation when such
prosecution arises out of the same incident.
Source: L. 94: Entire title amended with relocations, p. 2518, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-106 as it existed prior to 1994.
42-20-107. Hazardous materials safety fund. (1) There is hereby created in the
state treasury the hazardous materials safety fund, which shall consist of:
(a) Such moneys as may be appropriated thereto by the general assembly from time to
time;
(b) Any permit fees collected pursuant to section 42-20-202;
(c) Any penalties collected by a state agency or by a court, as provided in section
42-20-305 (3);
(d) Any penalties collected pursuant to section 42-20-204 (4);
(e) Any gifts or donations made to the state of Colorado or any agency thereof
specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(f) Any federal funds made available to the state of Colorado or any agency thereof
specifically for the purpose of carrying out the provisions of parts 1, 2, and 3 of this article;
(g) Any excess moneys credited to the fund in accordance with section 40-2-1 10.5 (9),
C.R.S.
(2) The moneys in the hazardous materials safety fund shall be subject to appropriation
by the general assembly for the purposes of parts 1, 2, and 3 of this article.
(3) At the end of each fiscal year, any moneys remaining in the hazardous materials
safety fund shall not revert to the general fund but shall be subject to appropriation by the
general assembly to the executive director of the department of public safety for disburse-
ment to local governments for purposes related to the preparation and training for and
response to hazardous materials incidents.
Title 42 - page 655 Transportation of Hazardous and Nuclear Materials 42-20-108.5
Source: L. 94: Entire title amended with relocations, p. 2519, § 1, effective January 1,
1995. L. 2006: (l)(g) added, p. 1095, § 5, effective August 7.
Editor's note: This section is similar to former § 43-6-107 as it existed prior to 1994.
42-20-108. Rules and regulations for transportation of hazardous materials.
(1) The chief shall promulgate rules and regulations pursuant to section 24-4-103, C.R.S.,
for the safe transportation of hazardous materials by motor vehicle, both in interstate and
intrastate transportation. Such rules and regulations shall be applicable to any person who
transports or ships, or who causes to be transported or shipped, a hazardous material by
motor vehicle. Such rules and regulations may govern any safety aspect of the transporta-
tion of hazardous materials which the chief deems appropriate, including, but not limited to,
the packaging, handling, labeling, marking, and placarding of hazardous materials and
motor vehicles transporting hazardous materials, the qualifications of drivers of motor
vehicles transporting hazardous materials, financial responsibility requirements, and the use
of any package or container in the transportation of hazardous materials which is not
manufactured, fabricated, marked, labeled, maintained, reconditioned, repaired, or tested in
accordance with such rules and regulations.
(2) The chief shall also promulgate rules and regulations pursuant to section 24-4-103,
C.R.S., for the permitting and routing of hazardous materials transportation by motor
vehicle within this state and the inspection of vehicles transporting hazardous materials.
(3) In adopting such rules and regulations, the chief shall use as general guidelines the
standards and specifications for the safe transportation of hazardous materials contained in
federal statutes, and in the rules and regulations promulgated thereunder, as amended from
time to time. The rules and regulations adopted by the chief shall not unduly burden
interstate or intrastate commerce and shall be no more stringent than federal statutes and the
rules and regulations promulgated thereunder.
(4) The rules and regulations adopted by the chief pursuant to subsection (2) of this
section shall not apply to farm machinery which is exempted from registration requirements
pursuant to section 42-3-103, agricultural distribution equipment attached to or conveyed
by such farm machinery, or vehicles used to transport to or from the farm or ranch site
products necessary for agricultural production, except when such vehicles are used in the
furtherance of any commercial business other than agriculture.
(5) The rules and regulations adopted by the chief shall provide for the issuance of a
certificate of inspection which shall exempt inspected vehicles from additional inspections
for a period of at least sixty days unless there is probable cause to assume that the vehicle
is in an unsafe condition.
Source: L. 94: Entire title amended with relocations, p. 2519, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-108 as it existed prior to 1994.
42-20-108.5. Materials used for agricultural production - exemption - legislative
declaration. (1) The general assembly hereby finds, determines, and declares that the
federal government has extended federal hazardous materials rules to agricultural producers
in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without
contributing significantly to public safety. The general assembly further finds, determines,
and declares that the federal rules give explicit authority to the states to exempt themselves
from the federal rules, and that this section is intended to exempt Colorado agriculture from
such rules. The general assembly further finds, determines, and declares that it is impera-
tively necessary for the chief to adopt the rules required by this section in time to meet the
deadline imposed by the federal rules.
(2) As used in this section, unless the context otherwise requires:
(a) "Agricultural product'* means a hazardous material, other than hazardous waste,
whose end use directly supports the production of an agricultural commodity including, but
42-20-109 Vehicles and Traffic Title 42 - page 656
not limited to, a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is
limited to a material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material
as set forth in 49 CFR 172 and 173.
(b) "Farmer" means a person or such person's agent or contractor engaged in the
production or raising of crops, poultry, or livestock.
(3) The transportation of an agricultural product other than a class 2 material, as such
term is used in 49 CFR 172 and 173, over local roads between fields of the same farm, is
excepted from the requirements of this part 1 when it is transported by a farmer who is an
intrastate private motor carrier and the movement of the agricultural product conforms to
rules of the chief, in consultation with the department of agriculture regarding such
movement. The chief shall, in consultation with the director of the department of agricul-
ture, promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the
intrastate transportation of agricultural products.
(4) The transportation of an agricultural product to or from a farm, within one hundred
fifty miles of such farm, is excepted from the emergency response information and training
requirements in subparts G and H of 49 CFR 172, and this article when:
(a) It is transported by a farmer who is an intrastate private motor carrier;
(b) The total amount of agricultural product being transported on a single vehicle does
not exceed:
(1) Seven thousand three hundred kilograms or sixteen thousand ninety-four pounds of
ammonium nitrate fertilizer properly classed as division 5.1.PG m in a bulk packaging; or
(II) One thousand nine hundred liters or five hundred two gallons for liquids or gasses,
or two thousand three hundred kilograms or five thousand seventy pounds for solids of any
other agricultural product;
(c) The packaging conforms to rules adopted by the chief in consultation with the
department of agriculture. Such rules shall be adopted by September 30, 1998. Such
products are hereby authorized for transportation.
(d) Each person having any responsibility for transporting the agricultural product for
shipment pursuant to this subsection (4) is instructed in the applicable requirements of this
section.
(5) The rules and regulations adopted by the chief pursuant to this section shall be no
more stringent than the federal statutes or regulations require.
(6) Any rules and regulations required to be adopted by the chief pursuant to this
section shall be promulgated no later than September 30, 1998. If the chief finds that such
rules cannot be promulgated by that date pursuant to the regular rule-making process set
forth in section 24-4-103, C.R.S., the chief shall adopt temporary or emergency rules
pursuant to section 24-4-103 (6), C.R.S.
(7) The chief shall send a copy of the notification of proposed rule-making for rules
adopted pursuant to this section, including temporary or emergency rule-making sent
pursuant to section 24-4-103 (3) (b), C.R.S., to the office of legislative legal services.
Source: L. 98: Entire section added, p. 722, § 3, effective May 18.
42-20-109. Penalty for violations. (1) Any person who violates a rule or regulation
promulgated by the chief pursuant to section 42-20-104 commits a class 3 misdemeanor and
shall be punished as provided in section 18-1.3-501, C.R.S.
(2) Any person who violates a rule promulgated by the chief pursuant to section
42-20-108 commits a class 2 misdemeanor traffic offense and shall be punished as provided
in section 42-4-1701.
(3) No conviction pursuant to this section shall bar enforcement by the public utilities
commission of any provision of title 40, C.R.S., with respect to violations by persons
subject to said title.
Source: L. 94: Entire title amended with relocations, p. 2520, § 1, effective January 1,
1995. L. 95: (3) amended, p. 962, § 25, effective May 25. L. 2002: (1) and (2) amended,
p. 1564, § 381, effective October 1. L* 2006: (2) amended, p. 1064, § 3, effective July 1.
Title 42 - page 657 Transportation of Hazardous and Nuclear Materials 42-20-1 13
Editor's note: This section is similar to former § 43-6-109 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending subsections
(1) and (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-20-110. Immobilization of unsafe vehicles. Any enforcement official shall have the
power to immobilize, impound, or otherwise direct the disposition of motor vehicles
transporting hazardous materials when the enforcement official deems that the motor
vehicle or the operation thereof is unsafe and when such immobilization, impoundment, or
disposition is appropriate under or required by rules and regulations promulgated by the
chief pursuant to section 42-20-104.
Source: L. 94: Entire title amended with relocations, p. 2520, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-110 as it existed prior to 1994.
42-20-111. Additional penalties. Any person, corporation, partnership, or other entity
which intentionally or knowingly authorizes, solicits, requests, commands, conspires in, or
aids and abets in the violation of any of the provisions of part 1, 2, or 3 of this article
commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501,
C.R.S.
Source: L. 94: Entire tide amended with relocations, p. 2521, § 1, effective January 1,
1995. L. 2002: Entire section amended, p. 1564, § 382, effective October 1.
Editor's note: This section is similar to former § 43-6-111 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending this section,
see section 1 of chapter 318, Session Laws of Colorado 2002.
42-20-112. Reimbursement of local governments. (1) A public entity, political
subdivision of the state, or other unit of local government is hereby given the right to claim
reimbursement for the costs resulting from action taken to remove, contain, or otherwise
mitigate the effects of a hazardous materials abandonment or a hazardous materials spill.
(2) Nothing contained in this section shall be construed to change or impair any right
of recovery or subrogation arising under any other provision of law.
(3) Claims for reimbursement made pursuant to this section shall be in accordance with
article 22 of title 29, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2521, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-112 as it existed prior to 1994.
42-20-113. Hazardous materials spill - abandonment of vehicle containing hazard-
ous material - penalty. (1) No person shall abandon any vehicle containing any hazard-
ous material excluding that which is considered fuel and is contained within the vehicle's
fuel tank or shall intentionally spill hazardous materials upon a street, highway, right-of-
way, or any other public property or upon any private property without the express consent
of the owner or person in lawful charge of mat private property.
(2) (a) As used in this section, "abandon** means to leave a thing with the intention not
to retain possession of or assert ownership or control over it. The intent need not coincide
with the act of leaving.
(b) It is prima facie evidence of the necessary intent that:
(I) The vehicle has been left for more than three days unattended and unmoved; or
(II) License plates or other identifying marks have been removed from the vehicle; or
42-20-201 Vehicles and Traffic Title 42 - page 658
(HI) The vehicle has been damaged or is deteriorated so extensively that it has value
only for junk or salvage; or
(IV) The owner has been notified by a law enforcement agency to remove the vehicle
and it has not been removed within twenty-four hours after notification.
(3) The driver of a motor vehicle transporting hazardous materials as cargo which is
involved in a hazardous materials spill, whether intentional or unintentional, shall give
immediate notice of the location of such spill and such other information as necessary to the
nearest law enforcement agency.
(4) Any person who violates the provisions of subsection (3) of this section commits a
class 3 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
Source: L. 94: Entire title amended with relocations, p. 2521, § 1, effective January 1,
1995. L. 2002: (4) amended, p. 1565, § 383, effective October 1.
Editor's note: This section is similar to former § 43-6-113 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(4), see section 1 of chapter 318, Session Laws of Colorado 2002.
PART 2
PERMIT SYSTEM FOR HAZARDOUS MATERIALS
42-20-201. Hazardous materials transportation permit required. Except as other-
wise provided in this part 2, no transportation of hazardous materials by motor vehicle
which requires placarding under 49 CFR 172 or 173 shall take place in, to, from, or through
this state until the public utilities commission issues a permit, in accordance with the
provisions of this part 2, authorizing the applicant to operate or move upon the public roads
of this state a motor vehicle or a combination of motor vehicles which carries hazardous
materials. This part 2 shall not apply to motor vehicles owned by the federal government,
motor vehicles when used to transport to or from the farm or ranch site products used for
agricultural production, or farm machinery which is exempted from registration require-
ments by section 42-3-103, unless such vehicles are used in furtherance of any commercial
business other than agriculture. This part 2 shall apply to motor vehicles owned by the state
or any political subdivision thereof; except that such vehicles shall be exempt from the fees
provided in section 42-20-202. The requirements of this part 2 shall be in addition to, and
not in substitution for, any other provisions of law.
Source: L. 94: Entire title amended with relocations, p. 2522, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-201 as it existed prior to 1994.
42-20-202. Transportation permit - application fee. (1) (a) Except as otherwise
provided in this section, each person desiring to transport hazardous materials which require
placarding under 49 CFR 172 or 173 in, to, from, or through this state shall submit a permit
application for an annual permit to the public utilities commission prior to beginning such
transportation. Permit applications shall be in a form designated by the public utilities
commission, and the public utilities commission shall maintain records of all such appli-
cations.
(b) Each annual permit shall be valid for one year following its issuance and shall be
issued after the approval of the permit application by the public utilities commission and
upon the payment of a permit fee, which fee shall be based on the number of motor vehicles
the applicant operates within this state, as follows:
Title 42 - page 659 Transportation of Hazardous and Nuclear Materials 42-20-202
Number of Permit Fee
Motor Vehicles
1-5 $ 10
6-10 25
11 - 50 125
51 - 100 200
101 - 300 350
over 300 400
(c) Single trip permits may be obtained at all port of entry weigh stations and from the
Colorado state patrol. Each person transporting such hazardous materials in, to, from, or
through this state who has not obtained an annual permit from the public utilities
commission shall apply at the closest possible port of entry weigh station or to an officer
or office of the Colorado state patrol for a single trip permit. Each single trip permit shall
be valid for a single continuous business venture, but in no event shall the permit be valid
for more than seventy-two hours, unless extended by any enforcement official for any
reason the official deems advisable, including mechanical difficulties and road and weather
conditions. The single trip permit shall be issued upon the approval of the permit application
and upon the payment of a twenty-five-dollar permit fee.
(d) The public utilities commission shall provide the option to a company filing for a
permit under this subsection (1) to file an express consent waiver that enables the company
to designate a company representative to be a party of interest for a violation of this section.
The appearance of the company representative in a court hearing without the operator when
the operator has signed such waiver shall not be deemed the practice of law in violation of
article 5 of title 12, C.R.S.
(2) No annual permit application shall be approved unless the applicant:
(a) Supplies proof of having obtained liability insurance as required by the United
States department of transportation pursuant to 49 CFR 387. Proof of such liability
insurance policy shall be filed with the public utilities commission. The insurance carrier
shall give thirty days* written notice for nonpayment of premium and ninety days' notice
for nonrenewal of policy to the public utilities commission before the cancellation of such
policy. At any time that the insurance policy lapses, the permit shall be automatically
revoked.
(b) Agrees to comply with the rules and regulations promulgated pursuant to section
42-20-108.
(3) No single trip permit application shall be approved unless the applicant:
(a) Supplies proof of having liability in suran ce as required by the United States
department of transportation pursuant to 49 CFR 387 or signs a verification under the
penalty of perjury as provided in section 42-3-122 that the applicant has the liability
insurance as required by the United States department of transportation pursuant to 49 CFR
387;
(b) Agrees to comply with the rules and regulations promulgated pursuant to section
42-20-108.
(4) The chief is authorized to promulgate such reasonable rules and regulations as may
be necessary or desirable in governing the issuance of permits, if such rules and regulations
are not in conflict with other provisions of state law.
(5) Any fees collected pursuant to this section shall be transmitted to the state treasurer,
who shall credit the same to the hazardous materials safety fund created in section
42-20-107.
Source: L. 94: Entire title amended with relocations, p. 2522, § 1, effective January 1,
1995. L. 2005: (3)(a) amended, p. 1180, § 25, effective August 8. L. 2006: (l)(d) added,
p. 310, § 3, effective July 1.
Editor's note: This section is similar to former § 43-6-202 as it existed prior to 1994.
42-20-203 Vehicles and Traffic Title 42 - page 660
42-20-203. Carrying of permit and shipping papers. (1) Any person transporting
hazardous materials that require placarding under 49 CFR 172 or 173 in this state shall carry
a copy of the shipping papers required in 49 CFR 172.200 and a copy of the hazardous
materials transportation permit issued by the public utilities commission or by the Colorado
state patrol at a port of entry weigh station in the transporting motor vehicle while in this
state; except that, if a peace officer, as described in section 16-2.5-101, C.R.S., or any other
enforcement official may determine that the hazardous materials transportation permit can
be electronically verified at the time of contact, a copy of the permit need not be carried by
the person transporting hazardous materials. The permit shall be open to inspection or
electronic verification by any enforcement official.
(2) In the event of an accident involving hazardous materials, the operator of the motor
vehicle shall provide the shipping papers to the emergency response authorities designated
in or pursuant to article 22 of title 29, C.R.S., and immediately bring to their attention the
fact that the motor vehicle is carrying hazardous materials.
Source: L. 94: Entire title amended with relocations, p. 2523, § 1, effective January 1,
1995. L. 2003: (1) amended, p. 583, § 4, effective January 1, 2004. L. 2004: (1) amended,
p. 1212, § 102, effective August 4. L. 2012: (1) amended, (HB 12-1019), ch. 135, p. 472,
§ 22, effective July 1.
Editor's note: This section is similar to former § 43-6-203 as it existed prior to 1994.
42-20-204. Permit violations - penalties. (1) Any person who transports hazardous
materials without a permit in violation of any of the provisions of section 42-20-201
commits a misdemeanor traffic offense and shall be assessed a penalty of two hundred fifty
dollars in accordance with the procedure set forth in section 42-20-105 (2). Any person who
intentionally transports hazardous materials without a permit in violation of any of the
provisions of section 42-20-201 commits a class 1 misdemeanor and shall be punished as
provided in section 18-1.3-501, C.R.S. For the purposes of this subsection (1), if any person
who previously has acknowledged guilt or has been convicted of a misdemeanor pursuant
to this subsection (1) subsequently transports hazardous materials without a permit in
violation of any of the provisions of section 42-20-201, a permissive inference is created
that such subsequent transportation without a permit was intentional.
(2) Any person who has obtained an annual or a single trip hazardous materials
transportation permit but fails to have a copy of said permit in the cab of the motor vehicle
while transporting hazardous materials in, to, from, or through this state commits a class B
traffic infraction and shall be assessed a penalty of twenty-five dollars in accordance with
the procedure set forth in section 42-4-1701 (4) (a) (V); except that, if a peace officer, as
described in section 16-2.5-101, C.R.S., or any other enforcement official may determine
that the permit can be electronically verified at the time of contact, a copy of the permit need
not be in the cab of the motor vehicle.
(3) Any person who knowingly violates any of the terms and conditions of an annual
or single trip hazardous materials transportation permit commits a class 1 misdemeanor and
shall be punished as provided in section 18-1.3-501, C.R.S.
(4) All penalties collected pursuant to this section by a state agency or by a court shall
be transmitted to the state treasurer, who shall credit the same to the hazardous materials
safety fund created in section 42-20-107.
(5) Every court having jurisdiction over offenses committed under this section shall
forward to the chief a record of the conviction of any person in said court for a violation
of any said laws within forty-eight hours after such conviction. The term "conviction"
means a final conviction.
Source: L. 94: Entire title amended with relocations, p. 2524, § 1, effective January 1,
1995. L. 2002: (1) and (3) amended, p. 1565, § 384, effective October 1. L. 2003: (2)
amended, p. 583, § 5, effective January 1, 2004. L. 2004: (2) amended, p. 1212, § 103,
effective August 4.
Title 42 - page 661 Transportation of Hazardous and Nuclear Materials 42-20-301
Editor's note: This section is similar to former § 43-6-204 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending subsections
(1) and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-20-205. Permit suspension or revocation. In addition to any other civil or criminal
penalties, the public utilities commission may suspend the hazardous materials transporta-
tion annual permit for a period not to exceed six months or may revoke such permit for
failure to comply with the terms and conditions of such permit, for failure to pay a civil
penalty assessed pursuant to section 42-20-204, or for continuing violations of the regula-
tions promulgated pursuant to part 1, 2, or 3 of this article. The permit may be suspended
or revoked only for good cause shown after due notice and an opportunity for a hearing as
provided in article 4 of title 24, C.R.S., if requested by the permit holder.
Source: L. 94: Entire title amended with relocations, p. 2524, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-205 as it existed prior to 1994.
42-20-206. Local government preemption. No county, city and county, city, or town
shall establish any permit or fee system for the transportation of hazardous materials by
motor vehicle.
Source: L. 94: Entire title amended with relocations, p. 2525, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-206 as it existed prior to 1994.
PART 3
ROUTE DESIGNATION FOR HAZARDOUS MATERIALS
42-20-3003. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Route designation** means a designation of a route by the state patrol under this
part 3.
Source: L. 2011: Entire section added, (HB 11-1176), ch. 56, p. 149, § 1, effective
August 10.
42-20-301. Route designation. (1) (a) The patrol, after consultation with local gov-
ernmental authorities, has the sole authority to designate which public roads are to be used
and which are not to be used by motor vehicles transporting hazardous materials. The patrol
shall exercise its authority in accordance with section 42-20-302. Gasoline, diesel fuel, and
liquefied petroleum gas are exempt from route designation unless the petitioning authority
specified in section 42-20-302 requests their inclusion. The patrol may exempt crude oil
from route designation after a request from the petitioning authority.
(b) The patrol may include, as part of designated route restrictions, the closing of streets
and highways and other conditions or restrictions the patrol deems advisable, except for
hours of operation and curfews.
(c) Routes designated by the patrol in accordance with this part 3 do not apply to motor
vehicles when used to transport to or from the farm or ranch site products necessary for
agricultural production.
(d) No city, county, or city and county may impose restrictions on hours of operation
on designated routes; except that this paragraph (d) does not apply to any city, county, or
city and county that, by resolution or ordinance, had routes or hours of operation restrictions
in effect on July 1, 1985.
42-20-302 Vehicles and Traffic Title 42 - page 662
(2) The patrol may approve route designations only for those materials listed in table
1 of 49 CFR 172.504, in any quantities, and those materials listed in table 2 of 49 CFR
172.504, when carried in quantities of five hundred gallons or more; except that the patrol
may not accept or approve route designations for those materials listed in table 2 when
packaged in containers of five gallons or less or when packaged as consumer commodities
as defined in 49 CFR 173.1200.
(3) Notwithstanding any other provision of this part 3 or part 1 or 2 of this article to the
contrary, the transportation commission may regulate hours of operation of the Eisenhower-
Johnson tunnels, structure numbers F13Y and F13X, respectively, on interstate 70.
Source: L. 94: Entire title amended with relocations, p. 2525, § 1, effective January 1,
1995. L. 95: (3) amended, p. 963, § 26, effective May 25. L. 99: (3) amended, p. 45, § 1,
effective August 4. L. 2011: (1) amended, (HB 11-1176), ch. 56, p. 149, § 2, effective
August 10.
Editor's note: This section is similar to former § 43-6-301 as it existed prior to 1994.
42-20-302. Application for route designation - procedure - approval. ( 1 ) Petitions
for new route designations or for a change in an existing route designation may be
submitted to the patrol no more than once a year:
(a) By a county, with respect to any public road maintained by the county, upon
approval of the petition by the board of county commissioners of such county;
(b) By a town, city, or city and county, with respect to any public road located within
such town, city, or city and county, upon approval of the petition by the governing body of
such town, city, or city and county;
(c) By the department of transportation, with respect to any public road maintained by
the state, except for any public road located within a town, city, or city and county, upon
approval of the petition by the transportation commission.
(2) A county, town, city, or city and county, with approval of the patrol, may adopt and
enforce regulations or ordinances concerning the parking of motor vehicles, if such
regulations and ordinances, as enforced or applied, do not prohibit or exclude motor
vehicles carrying hazardous materials from the enforcing jurisdiction and do not unreason-
ably limit parking on or near the designated routes through the enforcing jurisdiction or for
pickup and delivery.
(3) The petition shall describe specifically the designation sought, shall identify any
local business or industry which is known to be significantly reliant on hazardous materials
transportation and which would be affected by the designation, and shall include any other
information which is necessary for the patrol to act upon the petition and which is required
by rule and regulation of the patrol.
(4) Upon the filing of a complete petition with the patrol, the patrol shall give adequate
public notice of such petition, including at least the following:
(a) Notification by certified mail to the governing body of any county, town, city, or city
and county which would be affected by the route designation; and
(b) Publication in a newspaper having general circulation in each affected community
once each week for three consecutive weeks.
(5) If the petitioner is not the department of transportation, the patrol shall provide a
copy of the petition to the department of transportation for its review and comment.
(6) No sooner than thirty days after the requirements of subsections (3) and (4) of this
section have been met and after reasonable notice to the petitioner, to the department of
transportation, and to any persons requesting such notice, the patrol shall hold an informal
public conference on the petition. At such conference, representatives of the petitioner and
the department of transportation and any interested persons shall be afforded the opportu-
nity to comment on the petition, and the petitioner shall have the opportunity to amend the
petition. The patrol shall approve the designation if there is no opposition to the petition and
if the requirements of subsection (8) of mis section have been met.
Title 42 - page 663 Transportation of Hazardous and Nuclear Materials 42-20-304
(7) If there is opposition to the petition at the informal public conference and no
agreement can be reached, the patrol shall hold a formal public hearing and act on the
petition in accordance with the provisions of article 4 of title 24, C.R.S.
(8) No route designation shall be approved by the patrol unless it finds that:
(a) The routes available for the transportation of hazardous materials by motor vehicle:
(I) Are feasible, practicable, and not unreasonably expensive for such transportation;
(II) Are continuous within a jurisdiction and from one jurisdiction to another,
(HI) Provide greater safety to the public than other feasible routes; and
(IV) Do not unreasonably burden interstate or intrastate commerce;
(b) The designation is not arbitrary or intended by the petitioner merely to divert the
transportation of hazardous materials to other communities;
(c) Reasonable provision is made for signs along the affected public roads giving
adequate notice of the designation to the public, to affected industry, and to transporters of
hazardous materials. Such signs shall not be required in jurisdictions where the govern-
mental authority has provided the patrol with professional quality maps which indicate the
route designations in that jurisdiction.
(d) The designation will not interfere with the pickup or delivery of hazardous
materials; and
(e) The designation is consistent with all applicable federal laws and regulations.
(9) Any town, city, city and county, or county may request the department of trans-
portation to submit a petition to the patrol for a route designation on any highway
maintained by the state within the jurisdiction of said local entity.
(10) The patrol shall make a final decision to approve or deny any petition for a route
designation within six months of the filing of the petition.
(11) (a) The patrol shall base the approval or denial of a petition to exempt crude oil
upon due consideration of the factors listed in subsection (8) of this section.
(b) The patrol shall approve route designations for gasoline, diesel fuel, and liquefied
petroleum gas requested by petitioning authorities under section 42-20-301 (1) where the
designations follow routes approved by the patrol for other hazardous materials under this
section.
Source: L. 94: Entire title amended with relocations, p. 2525, § 1, effective January 1,
1995. L. 2011: (11) amended, (HB 11-1176), ch. 56, p. 150, § 3, effective August 10.
Editor's note: This section is similar to former § 43-6-302 as it existed prior to 1994.
42-20-303. Road signs required - uniform standards. Signs giving adequate notice of
route designations shall be placed and maintained along public roads affected by such
designations. In accordance with part 6 of article 4 of this title and section 42-4-105, the
department of transportation shall adopt uniform standards for highway signs giving notice
of route designations. The requirements of this section shall not apply to jurisdictions in
which the governmental authority has provided the patrol with professional quality maps
which indicate the route designations in that jurisdiction.
Source: L. 94: Entire title amended with relocations, p. 2527, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-303 as it existed prior to 1994.
42-20-304. Emergency closure of public roads. Nothing in part 1, 2, or 3 of this
article shall limit the authority of state and local authorities to close public roads tempo-
rarily if necessary because of any road construction or maintenance, an accident, a natural
disaster, the weather conditions, or any other emergency circumstances resulting in making
road conditions unsafe for travel by motor vehicles transporting hazardous materials.
42-20-305 Vehicles and Traffic Title 42 - page 664
Source: L. 94: Entire title amended with relocations, p. 2528, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-304 as it existed prior to 1994.
42-20-305. Deviation from authorized route - penalty. (1) No person shall trans-
port hazardous materials by motor vehicle contrary to any route designation approved by
the patrol pursuant to this part 3 unless such action is necessary to service a motor vehicle
or to make a local pickup or delivery of hazardous materials or unless such action is so
required by emergency conditions which would make continued use of authorized routes
unsafe or by the closure of an authorized route pursuant to section 42-20-304, and, in such
circumstances, the motor vehicle shall remain on authorized routes whenever possible and
shall minimize the distance traveled on restricted routes. A person transporting hazardous
materials by motor vehicle may make successive local pickups and deliveries without
returning to the authorized route between each pickup or delivery when such return would
be unreasonable. A person transporting hazardous materials shall not utilize residential
streets unless there is no other reasonable route available to reach the destination.
(2) Any person who transports hazardous materials by motor vehicle in a manner
inconsistent with the provisions of subsection (1) of this section commits a misdemeanor
traffic offense and shall be assessed a penalty of two hundred fifty dollars for each separate
violation in accordance with the procedure set forth in section 42-20-105 (2). A person who
commits a second or subsequent violation within a twelve-month period of transporting
hazardous materials by motor vehicle in a manner inconsistent with the provisions of
subsection (1) of this section commits a misdemeanor traffic offense and shall be issued a
summons and complaint in accordance with the provisions of section 42-4-1707 (1), and,
upon conviction thereof, shall be punished by a fine of not less than two hundred fifty
dollars nor more than five hundred dollars.
(3) All penalties collected pursuant to this section by a state agency or by a court shall
be transmitted to the state treasurer, who shall credit the same to the hazardous materials
safety fund created in section 42-20-107.
(4) Every court having jurisdiction over offenses committed under subsection (2) of this
section shall forward to the chief a record of the conviction of any person in said court for
a violation of any said laws within forty-eight hours after such conviction. The term
"conviction" means a final conviction.
Source: L. 94: Entire title amended with relocations, p. 2528, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-305 as it existed prior to 1994.
PART 4
NUCLEAR MATERIALS - GENERAL PROVISIONS
42-20-401. Legislative declaration. It is hereby determined and declared that nuclear
materials create a potential risk to the public health, safety, and welfare of the people of the
state of Colorado. As an origination point of nuclear waste and a corridor state through
which nuclear materials pass, the state has a duty to protect its citizens and environment
from all hazards created by the transportation of nuclear materials within its borders. State
and public participation in planning for the transport of nuclear materials and in the
development of a plan to cope with all phases of the nuclear materials problem is essential
in order to adequately prepare for potential nuclear incidents. To that end, it is the purpose
of this part 4 and part 5 of this article to require safe and environmentally acceptable
methods of transporting nuclear materials within this state in a manner consistent with the
laws of the United States and the rules and regulations promulgated by agencies of the
United States.
Title 42 - page 665 Transportation of Hazardous and Nuclear Materials 42-20-404
Source: L. 94: Entire title amended with relocations, p. 2529, § 1, effective January 1,
1995. L. 95: Entire section amended, p. 963, § 27, effective May 25.
Editor's note: This section is similar to former § 43-6-401 as it existed prior to 1994.
42-20-402. Definitions. As used in this part 4 and part 5 of this article, unless the
context otherwise requires:
(1) "Carrier ** means any person transporting goods or property on the public roads of
this state in, to, from, or through this state, whether or not such transportation is for hire.
(2) "Commission" means the public utilities commission.
(3) (a) "Nuclear materials*' means highway route controlled quantities of radioactive
materials as defined in 49 CFR 173.403 (1).
(b) "Nuclear materials" does not include nuclear materials used for research or medical
purposes within Colorado. For the purpose of this paragraph (b), highway route controlled
quantities of radioactive materials used to irradiate medical supplies and equipment are not
considered to be used for medical purposes.
(c) (I) "Nuclear materials** includes radioactive materials being transported to the
waste isolation pilot plant in New Mexico and radioactive materials being transported to
any facility provided pursuant to section 135 of the federal "Nuclear Waste Policy Act of
1982*', 42 U.S.C. 10101 et seq., or any repository licensed by the United States nuclear
regulatory commission that is used for the permanent deep geologic disposal of high-level
radioactive waste and spent nuclear fuel.
(II) Except as provided in subparagraph (I) of this paragraph (c), "nuclear materials**
does not include radioactive materials utilized in national security activities under the direct
control of the United States department of defense, nor does it include radioactive materials
under the direct control of the United States department of energy which are utilized in
carrying out atomic energy defense activities, as defined in the federal "Nuclear Waste
Policy Act of 1982'*, 42 U.S.C. 10101 et seq., or wastes from mining, milling, smelting, or
similar processing of ores and mineral-bearing material.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (c), "nuclear
materials** does not include ores or products from mining, milling, smelting, or similar
processing of ores, or the transportation thereof.
Source: L. 94: Entire title amended with relocations, p. 2529, § 1, effective January 1,
1995. L. 95: IP amended, p. 963, § 28, effective May 25.
Editor's note: This section is similar to former § 43-6-402 as it existed prior to 1994.
42-20-403. Chief to promulgate rules and regulations - motor vehicles. The chief
shall promulgate rules and regulations for the safe transportation of nuclear materials by
motor vehicle. Such rules shall not be inconsistent with any federal rule or regulation
governing the transportation of the nuclear materials subject to parts 4 and 5 of this article.
Such rules shall be applicable to any person who transports or ships, or who causes to be
transported or shipped, a nuclear material by motor vehicle.
Source: L. 94: Entire title amended with relocations, p. 2530, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-403 as it existed prior to 1994.
42-20-404. Inspections. All vehicles carrying nuclear materials entering the state on
the public highways shall be inspected by a Colorado state patrol officer or a port of entry
officer, as defined in section 42-8-102 (3), at the nearest point at which the shipment enters
the state or at a location specified by the Colorado state patrol. For all shipments originating
within the state, inspection shall be made at the point of origination by a Colorado state
42-20-405 Vehicles and Traffic Title 42 - page 666
patrol officer or a port of entry officer. Inspections conducted by Colorado state patrol
officers or port of entry officers shall be in accordance with the rules promulgated pursuant
to sections 42-4-235, 42-20-108 (2), and 42-20-403.
Source: L. 94: Entire title amended with relocations, p. 2530, § 1, effective January 1,
1995. L. 95: Entire section amended, p. 963, § 29, effective May 25. L. 2010: Entire
section amended, (HB 10-1113), ch. 244, p. 1084, § 5, effective July 1. L. 2012: Entire
section amended, (HB 12-1019), ch. 135, p. 473, § 23, effective July 1.
Editor's note: This section is similar to former § 43-6-404 as it existed prior to 1994.
42-20-405. Violations - criminal penalties. (1) Notwithstanding the provisions of
section 40-7-107, C.R.S., any person who violates any provision of this part 4 or part 5 of
this article or rule or regulation promulgated by the chief pursuant to this part 4 and part 5
of this article commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501, C.R.S. No conviction pursuant to this section shall bar enforcement by the
commission of any provision of title 40, C.R.S., with respect to violations by persons
subject to said title.
(2) Every court having jurisdiction over offenses committed under subsection ( 1 ) of this
section shall forward to the chief a record of the conviction of any person in said court for
a violation of any provision of part 4 or 5 of this article or any rule or regulation
promulgated pursuant thereto within forty-eight hours after such conviction. As used in this
subsection (2), "conviction" means a final conviction.
Source: L. 94: Entire title amended with relocations, p. 2530, § 1, effective January 1,
1995. L. 95: (1) amended, p. 963, § 30, effective May 25. L. 2002: (1) amended, p. 1565,
§ 385, effective October 1.
Editor's note: This section is similar to former § 43-6-405 as it existed prior to 1994.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(1), see section 1 of chapter 318, Session Laws of Colorado 2002.
42-20-406. Violations - civil penalties - motor vehicles. (1) Any person who
violates any provision of this part 4 or part 5 of this article or a rule or regulation
promulgated by the chief pursuant to this part 4 and part 5 of this article, except for the
violations enumerated in subsection (3) of this section and section 42-20-505, shall be
subject to a civil penalty of not more than ten thousand dollars per day for each day during
which such violation occurs. The penalty shall be assessed by the chief upon receipt of a
complaint by any investigative personnel of the commission or Colorado state patrol officer
and after written notice and an opportunity for a hearing pursuant to section 24-4-105,
C.R.S. Payment of a civil penalty under this section shall not relieve any person from
liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22 of title
29, C.R.S. Any person who is assessed a penalty pursuant to this subsection (1) shall have
the right to appeal the chiefs decision by filing a notice of appeal with the court of appeals
as specified in section 24-4-106 (11), C.R.S.
(2) Any person who commits any of the acts enumerated in subsection (3) of this
section shall be subject to the civil penalty listed in said subsection (3). Investigative
personnel of the commission, and officers of the Colorado state patrol shall have the
authority to issue civil penalty assessments for the enumerated violations. At any time that
a person is cited for a violation enumerated in subsection (3) of this section, the person in
charge of or operating the motor vehicle involved shall be given a notice in the form of a
civil penalty assessment notice. Such notice shall be tendered by the enforcement official
and shall contain the name and address of such person, the license number of the motor
vehicle involved, if any, the number of such person's driver's license, the nature of the
violation, the amount of the penalty prescribed for such violation, the date of the notice, a
place for such person to execute a signed acknowledgment of his or her receipt of the civil
Title 42 - page 667 Transportation of Hazardous and Nuclear Materials 42-20-406
penalty assessment notice, a place for such person to execute a signed acknowledgment of
liability for the cited violation, and such other information as may be required by law to
constitute such notice as a complaint to appear in court should the prescribed penalty not
be paid within ten days. Every cited person shall execute the signed acknowledgment of his
or her receipt of the civil penalty assessment notice. The acknowledgment of liability shall
be executed at the time the cited person pays the prescribed penalty. The person cited shall
pay the civil penalty specified in subsection (3) of this section for the violation involved at
the office of the department of revenue either in person or by postmarking such payment
within ten days of the citation. The department of revenue shall accept late payment of any
penalty assessment up to twenty days after such payment becomes due. If the person cited
does not pay the prescribed penalty within ten days of the notice, the civil penalty
assessment notice shall constitute a complaint to appear in court unless payment for such
penalty assessment has been accepted by the department of revenue as evidenced by receipt,
and the person cited shall, within the time specified in the civil penalty assessment notice,
file an answer to this complaint with the county court for the county in which the penalty
assessment was issued. The attorney general shall represent the state agency that issued the
civil penalty assessment notice if so requested by the agency.
(3) The following penalties shall apply only to the transportation of nuclear materials
by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers,
and other persons, as appropriate:
(a) Any person who oper ates a motor vehicle without a driver' s log book in his or her
possession, as required by 49 CFR 395.8, shall be assessed a civil penalty of one hundred
dollars.
(b) Any person who operates a motor vehicle without maintaining a driver's log book
in current condition, in accordance with 49 CFR 395.8, shall be assessed a civil penalty of
one hundred dollars.
(c) Any person who enters false information in a driver's log book in violation of 49
CFR 395.8 (e) shall be assessed a civil penalty of two hundred fifty dollars.
(d) Any person who exceeds maximum driving or on duty time, as established by 49
CFR 395.3, shall be assessed a civil penalty of two hundred fifty dollars.
(e) Any person who fails to produce his or her driver's log book on demand of any law
enforcement official, port of entry personnel, or investigative personnel of the commission
in violation of 49 CFR 395.8 shall be assessed a civil penalty of two hundred fifty dollars.
(f) Any person who fails to have a valid medical certificate in his or her possession, in
accordance with 49 CFR 391.43, shall be assessed a civil penalty of one hundred dollars.
(g) Any person who operates a motor vehicle without meeting driver qualifications, as
established in 49 CFR 177.825 (d) and section 42-20-501, shall be assessed a civil penalty
of five hundred dollars.
(h) Any person who carries an unauthorized passenger, as defined in 49 CFR 392.60,
shall be assessed a civil penalty of one hundred dollars.
(i) Any person who operates a motor vehicle while that person is declared to be out of
service, as defined in 49 CFR 395.13, shall be assessed a civil penalty of five hundred
dollars.
(j) Any person who operates an unsafe vehicle, as defined in 49 CFR 396, shall be
assessed a civil penalty of one hundred fifty dollars.
(k) Any person who operates a motor vehicle without correcting defects as noted on a
safety inspection report in violation of 49 CFR 396.9 shall be assessed a civil penalty of five
hundred dollars. ,
(1) Any person who operates a motor vehicle while that vehicle is declared to be out of
service, as defined in 49 CFR 396.9 (c) (2), shall be assessed a civil penalty of one thousand
dollars.
(m) Any person who transports nuclear materials without proper visibility and display
of placards in violation of 49 CFR 172.504 shall be assessed a civil penalty of two hundred
dollars.
(n) Any person who transports nuclear materials without proper placards, as provided
in 49 CFR 172.504, shall be assessed a civil penalty of five hundred dollars.
42-20-407 Vehicles and Traffic Title 42 - page 668
(o) Any person who displays nuclear materials placards on vehicles not transporting
nuclear materials in violation of 49 CFR 172.502 shall be assessed a civil penalty of one
hundred dollars.
(p) Any person who fails to have hazardous materials shipping papers in conformance
with 49 CFR 177.817 shall be assessed a civil penalty of five hundred dollars.
(q) Any person who parks a motor vehicle transporting nuclear materials in violation of
49 CFR 397.7 shall be assessed a civil penalty of five hundred dollars.
(r) Any person who violates a provision of section 42-20-508 or the rules adopted
pursuant thereto shall be assessed a civil penalty of five hundred dollars.
(s) Any person who improperly fills out the shipping papers required by 49 CFR 172,
subpart C. shall be assessed a civil penalty of five hundred dollars.
(t) Any person who fails to report a nuclear incident, or fails to take necessary response
actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR 177.861, shall be assessed
a civil penalty of five hundred dollars.
(u) Any person who supplies inaccurate information in, or who fails to comply with, the
route plan required by 49 CFR 177.825 (c) shall be assessed a civil penalty of five hundred
dollars.
(v) Any person who transports nuclear materials in violation of the radiation level
limitations established in 49 CFR 173.441 shall be assessed a civil penalty of one thousand
dollars.
(w) Any person who transports nuclear materials in excess of the maximum permissible
transport index, as provided in 49 CFR 173, shall be assessed a civil penalty of one
thousand dollars.
Source: L. 94: Entire title amended with relocations, p. 2530, § 1, effective January 1,
1995. L. 95: (1) amended, p. 964, § 31, effective May 25. L. 96: (2) amended, p. 639,
§ 5, effective May 1. L. 2000: (2) amended, p. 1651, § 48, effective June 1. L. 2010: (1)
and (2) amended, (HB 10-1113), ch. 244, p. 1084, § 6, effective July 1.
Editor's note: This section is similar to former § 43-6-406 as it existed prior to 1994.
42-20-407. Repeat violations - civil penalties. ( 1 ) If any person receives two penalty
assessments within one year for a violation of section 42-20-406 and the first penalty
assessment has not been reversed by a court of competent jurisdiction, the penalty for the
second violation shall be two times the amount of the penalty listed for the violation in
section 42-20-406.
(2) If any person receives three or more penalty assessments within one year for a
violation of section 42-20-406 and if two or more of the previous penalty assessments have
not been reversed by a court of competent jurisdiction, the penalty for each of the third and
subsequent violations shall be three times the amount of the penalty listed for the violation
in section 42-20-406.
Source: L. 94: Entire title amended with relocations, p. 2533, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-407 as it existed prior to 1994.
42-20-408. Compliance orders - penalty. (1) Whenever the chief finds that any
person is in violation of any rule, regulation, or requirement of part 4 or 5 of this article,
the chief may issue an order requiring such person to comply with any such rule, regulation,
or requirement and may request the attorney general to bring suit for injunctive relief or for
penalties pursuant to section 42-20-406.
(2) Any person who violates any compliance order of the chief which is not subject to
a stay pending judicial review and which has been issued pursuant to this part 4 shall be
subject to a civil penalty of not more than ten thousand dollars per day for each day during
which such violation occurs.
Title 42 - page 669 Transportation of Hazardous and Nuclear Materials 42-20-504
Source: L. 94: Entire tide amended with relocations, p. 2533, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-408 as it existed prior to 1994.
PART 5
NUCLEAR MATERIALS PERMIT SYSTEM
42-20-501. Nuclear materials transportation permit required - application.
( 1 ) No transportation of nuclear materials shall take place in, to, from, or through this state
until the commission issues a permit, in accordance with the provisions of this section,
which is not inconsistent with federal law, authorizing the applicant to operate or move
upon public roads of this state a motor vehicle or combination of motor vehicles which
carry nuclear materials.
(2) Each carrier desiring to transport nuclear materials shall submit a permit applica-
tion, in the form designated by the commission, to the commission prior to beginning such
transportation.
Source: L. 94: Entire title amended with relocations, p. 2534, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-501 as it existed prior to 1994.
42-20-502. Permits - fees. Each permit issued pursuant to section 42-20-501 shall be
valid for one year following its issuance and shall be issued after approval of the carrier* s
permit application and upon payment of a five-hundred-dollar permit fee. In addition to the
permit fee, each carrier shall pay a two-hundred-dollar fee for each shipment. The shipment
fee shall be paid either by mail, in which case it must be postmarked at least seven days
before the shipment is to be made, or at the time the shipment enters the state at the port
of entry weigh station nearest the point at which the shipment enters the state. If the
shipment originates in this state, payment shall be made at the port of entry weigh station
nearest the point of origination of the shipment.
Source: L. 94: Entire title amended with relocations, p. 2534, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-502 as it existed prior to 1994.
42-20-503. Carrying of shipping papers. Any person transporting nuclear materials in
this state shall carry a copy of the shipping papers required in 49 CFR 172, subpart C.
Source: L. 94: Entire tide amended with relocations, p. 2534, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-503 as it existed prior to 1994.
42-20-504. Rules and regulations. The chief is authorized to promulgate reasonable
rules and regulations which are necessary or desirable in governing the issuance of permits
if such rules and regulations are not in conflict with or inconsistent with federal rules and
regulations.
Source: L. 94: Entire tide amended with relocations, p. 2534, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-504 as it existed prior to 1994.
42-20-505 Vehicles and Traffic Title 42 - page 670
42-20-505. Penalties - permit system. (1) The investigative personnel of the com-
mission, a Colorado state patrol officer, or a port of entry officer, as defined in section
42-8-102 (3), may assess a civil penalty of one thousand dollars against a carrier who
transports nuclear materials without first obtaining a nuclear materials transportation
permit.
(2) A carrier who misrepresents information in the carrier's application for a nuclear
materials transportation permit, violates the terms of the permit, or commits a second
violation of subsection (1) of this section within one calendar year shall be assessed a civil
penalty of not less than five hundred dollars nor more than three thousand dollars.
(3) The penalties in subsection (1) of this section shall be assessed upon an action
brought by the commission or the Colorado state patrol in accordance with the procedure
set forth in section 42-20-406.
Source: L. 94: Entire title amended with relocations, p. 2534, § 1, effective January 1,
1995. L. 2000: (3) amended, p. 1654, § 51, effective June 1. L. 2012: Entire section
amended, (HB 12-1019), ch. 135, p. 473, § 24, effective July 1.
Editor's note: This section is similar to former § 43-6-505 as it existed prior to 1994.
42-20-506. Permit suspension and revocation. In addition to any other civil or
criminal penalties, the commission may suspend the nuclear materials transportation permit
of any carrier for a period not to exceed six months or revoke such permit for failure to
comply with the permit terms, misrepresentation of information in the permit application,
failure to pay a civil penalty assessed pursuant to section 42-20-406, or failure to comply
with the regulations promulgated pursuant to parts 4 and 5 of this article. The permit may
be suspended or revoked only for good cause shown after due notice and opportunity for a
hearing pursuant to section 24-4-105, C.R.S., if requested by the carrier.
Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-506 as it existed prior to 1994.
42-20-507. Local government preemption. No county, city and county, city, or town
shall establish any permit or fee system for the transportation of nuclear materials by motor
vehicle or railcar in, to, from, or through this state.
Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-507 as it existed prior to 1994.
42-20-508. Route designation - motor vehicles. (1) The chief of the Colorado state
patrol shall have the authority to adopt rules to designate which state highways shall be used
and which shall not be used by motor vehicles transporting nuclear materials in this state.
(2) The carrier shall not deviate from the routes designated pursuant to subsection (1)
of this section except in order to make local pickups and deliveries and in cases of
emergency conditions which would make continued use of the designated route unsafe, or
to refuel, or when the designated route is closed due to road conditions, road construction,
or maintenance operations. When making local pickups and deliveries or when refueling,
the carrier shall remain on the routes designated by the Colorado state patrol and shall
minimize the distance traveled on nondesignated routes.
Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-508 as it existed prior to 1994.
Title 42 - page 671 Transportation of Hazardous and Nuclear Materials 42-20-51 1
42-20-509. Strict liability for nuclear incidents. Any person who causes the release
of any nuclear material being transported shall be strictly liable for all injuries and damages
resulting therefrom. The conduct of the claimant shall not be a defense to liability; except
that this section does not waive any defense based on the claimant's failure to mitigate
damages or related to any injury or damage to the claimant or the claimant's property which
is intentionally sustained by the claimant or which results from the release of any nuclear
material being transported intentionally and wrongfully caused by the claimant
Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-509 as it existed prior to 1994.
42-20-510. Statute of limitations. No person who has been injured or damaged as a
result of a nuclear incident shall be precluded from bringing a suit against the person or
persons responsible for causing the nuclear incident if such suit is instituted within three
years after the date on which the injured person first knew, or reasonably could have known,
of his or her injury or damage and the cause thereof; except that such suit must be brought
within forty years after the date of the nuclear incident.
Source: L. 94: Entire title amended with relocations, p. 2535, § 1, effective January 1,
1995.
Editor's note: This section is similar to former § 43-6-510 as it existed prior to 1994.
42-20-511. Nuclear materials transportation fund. All moneys collected pursuant to
parts 4 and 5 of this article shall be transmitted to the state treasurer, who, in addition to any
excess moneys transferred from the motor carrier fund pursuant to section 40-2-110.5 (9),
C.R.S., shall credit the same to the nuclear materials transportation fund, which fund is
hereby created. The moneys in the fund shall be subject to annual appropriation by the
general assembly for the direct and indirect costs of the administration of parts 4 and 5 of
this article.
Source: L. 94: Entire tide amended with relocations, p. 2536, § 1, effective January 1,
1995. L. 2006: Entire section amended, p. 1095, § 6, effective August 7.
Editor's note: This section is similar to former § 43-6-511 as it existed prior to 1994.
TITLE 43
TRANSPORTATION
TITLE 43
Art. 1.
Art. 2.
Art. 3.
Art. 4.
Art. 5.
Art. 6.
Art. 10.
TRANSPORTATION
GENERAL AND ADMINISTRATIVE
General and Administrative, 43-1-101 to 43-1-1604.
HIGHWAYS AND HIGHWAY SYSTEMS
State, County, and Municipal Highways, 43-2-101 to 43-2-404.
SPECIAL HIGHWAY CONSTRUCTION
Special Highway Construction, 43-3-101 to 43-3-416.
FINANCING
Financing, 43-4-101 to 43-4-901.
HIGHWAY SAFETY
Highway Safety, 43-5-101 to 43-5-505.
Transportation of Hazardous Materials by Motor Vehicle (Repealed).
AVIATION SAFETY AND ACCESSIBILITY
Aeronautics Division, 43-10-101 to 43-10-116.
GENERAL AND ADMINISTRATIVE
ARTICLE 1
General and Administrative
Cross references: For creation of the department of transportation and divisions thereof, see
§ 24-1-128.7; for duty of department of transportation to maintain right-of-way fences, see § 35-
46-111.
PARTI
DEPARTMENT OF TRANSPORTATION 43-1-111.
43-1-112.
43-1-101. Legislative declaration. 43-1-112.5.
43-1-102. Definitions.
43-1-103. Department created - executive
director. 43-1-113.
43-1-104. Department divisions, sections,
and units.
43-1-105. Powers and duties of the exec- 43-1-1 13.5.
utive director.
43-1-106. Transportation commission -
powers and duties. 43-1-114.
43-1-107. Duties of deputy director.
43-1-108. Transfer of functions, employ- 43-1-115.
ees, and property - contracts. 43-1-116.
43-1-109. Chief engineer.
43-1-110. Powers and duties of the chief
engineer - hearings - rule-
making.
Engineer to acquire property.
Legal services.
Establishment of annual allow-
able revenues and expendi-
tures by general assembly.
Funds - budgets - fiscal year -
reports and publications - re-
peal.
Creation and administration of
transportation infrastructure
revolving fund.
Highway operations and main-
tenance division - creation.
Transportation data collection.
Engineering, design, and con-
struction division - created -
duties.
Title 43 - page 3
Transportation
Title 43 -page 4
43-1-1 17. Transportation development di-
vision - created - duties.
43-1-117.5. Transit and rail division - cre-
ated - powers and duties.
43-1-118. Employees - duties.
43-1-119. Applications for licenses - au-
thority to suspend licenses -
rules.
43-1-120. Bicycle and pedestrian policy -
codification - legislative dec-
laration.
43-1-121. Interstate 70 mountain corridor
- recommendation regarding
short-term mobility solu-
tions.
43-1-122. Removal of graffiti from de-
partmental facilities - memo-
randums of understanding.
PART 2
THE HIGHWAY LAW
43-1-201. Short title.
43-1-202. Public highways or roads.
43-1-202.5. Public rights in roads - transfer
of right-of-way.
43-1-202.7. Recording of documents vacat-
ing or abandoning a roadway.
43-1-203. Definitions.
43-1-204. State highway.
43-1-205. Offices.
43-1-206. Attorney general legal advisor.
(Repealed)
43-1-207. Petition for acceptance of road
as state highway.
43-1-207.5. Colorado scenic byway pro-
gram - criteria for designa-
tion - notice and hearing.
(Repealed)
43-1-208. State highway - damages - em-
inent domain.
43-1-209. Subsurface support deemed ac-
quired.
43-1-210. Acquisition and disposition of
property - department of
transportation renovation
fund - repeal.
43-1-210.5. Rights-of-way use by adjacent
landowners.
43-1-211. Department to acquire land -
buildings.
43-1-212. Department - rental agree-
ments.
43-1-213. Fees and taxes - not reduced.
43-1-214. Property exempt from taxation.
43-1-215. Agreements enforceable.
43-1-216. Notices and tenders by mail.
43-1-217. Inclusion of streets in high-
ways.
43-1-218. State and school lands.
43-1-219. Funds created.
43-1-220. Sources of funds - assumption
of obligations.
43-1-221. Proceeds from sale of bonds.
43-1-222. Cash available for small pay-
ments.
43-1-223. Supervision of construction.
43-1-224. Cooperation with federal de-
partments.
43-1-225. Power of transportation com-
mission - relocation of utility
facilities - payment of cost.
43-1-226. Legislative declaration.
PART 3
HIGHWAY RELOCATION
ASSISTANCE ACT
43-1-301 to
43-1-311.
(Repealed)
PART 4
ROADSIDE ADVERTISING
43-1-401.
Short title.
43-1-402.
Legislative declaration.
43-1-403.
Definitions.
43-1-404.
Advertising devices allowed -
exception.
43-1-405.
Informational sites authorized.
43-1-406.
Bonus areas.
43-1-407.
Permits.
43-1-408.
Application for permit - con-
tents.
43-1-409.
Permit term - renewal - fees.
43-1-410.
Denial or revocation of permit
or renewal.
43-1-411.
Issuance of permits prohibited -
when.
43-1-412.
Notice of noncompliance - re-
moval authorized.
43-1-413.
Nonconforming advertising de-
vices.
43-1-414.
Removal of nonconforming de-
vices.
43-1-415.
Administration and enforce-
ment - authority for agree-
ments.
43-1-416.
Local control of outdoor adver-
tising devices.
43-1-417.
Violation and penalty.
43-1-418.
Roadside advertising fund.
43-1-419.
Scenic byways - Independence
pass scenic area highway.
43-1-420.
Specific information signs and
tourist-oriented directional
signs authorized - rules.
43-1-421.
On-premise advertising device
- extension authorized.
Title 43 -page 5
General and Administrative
PART 5
JUNKYARDS ADJACENT
TO HIGHWAYS
43-1-501. Legislative declaration.
43-1-502. Definitions.
43-1-503. Permits required - exceptions.
43-1-504. Permits issued - when.
43-1-505. Permit fees - expiration - re-
newal.
43-1-506. Regulations.
43-1-507. Judicial review.
43-1-508. Violations - penalties.
43-1-509. Screening - removal of existing
junkyards.
PART 6
TRANSPORTATION SERVICES
FOR THE ELDERLY AND FOR
PERSONS WITH DISABILITIES
PART 10
ADMINISTRATION OF FUNDS
UNDER THE FEDERAL "URBAN
MASS TRANSPORTATION ACT
OF 1964", AS AMENDED
43-1-1001.
43-1-1002.
mass transportation
Urban
grants.
Rules and regulations.
PART 11
TRANSPORTATION PLANNING
43-1-1101. Legislative declaration.
43-1-1102. Definitions.
43-1-1 103. Transportation planning.
43-1-1104. Transportation advisory com-
mittee.
43-1-1 105. Metropolitan planning commis-
sions.
PART 12
43-1-601.
43-1-602.
43-1-603.
Transportation services for the
elderly and for persons with
disabilities.
Department to promulgate
rules.
Participation of political subdi-
visions.
PART 7
PUBLIC TRANSPORTATION
IN NONURB ANIZED AREAS
PUBLIC-PRIVATE INTTIAnVES
PROGRAM
43-1-701.
43-1-702.
Public transportation projects
in nonurbanized areas.
Rules and regulations.
PART 8
43-1-1201.
43-1-1202.
43-1-1203.
43-1-1204.
43-1-1205.
43-1-1206.
43-1-1207.
43-1-1208.
43-1-1209.
Definitions.
Department powers.
Unsolicited and comparable
proposals.
Public-private initiative agree-
ment
Revenue - disposition - use.
Rules.
Applicability - public highway
use by public and private en-
tities.
Repeal of part. (Repealed)
Notice of investment opportu-
nities.
PART 13
LOCAL RAIL SERVICE ASSISTANCE
43-1-801. State rail plan - administration
and implementation - local
rail service assistance.
43-1-802. Financing.
43-1-803. Authority of executive director
- acceptance and conveyance
of donated railroad right-of-
way - definition.
PART 9
TRANSIT PLANNING IN AREAS WITH
POPULATION UNDER 200,000
43-1-901. Transit planning.
43-1-902. Rules and regulations.
ACQUISITION OF ABANDONED
RAILROAD RIGHTS-OF-WAY
43-1-1301.
43-1-1302.
43-1-1303.
43-1-1304.
43-1-1305.
43-1-1306.
43-1-1307.
43-1-1308.
Legislative declaration - intent.
Definitions.
Duties of the executive director
- TLRC approval - property
eligible for acquisition.
Notice of rail line or right-of-
way availability.
Acquisition for state rail bank.
Disposition of state rail bank
property.
Powers and duties of the TLRC
concerning state acquisition
of abandoned railroad rights-
of-way.
Recommendations and findings
of the TLRC.
43-1-101
Transportation
Title 43 -page 6
43-1-1309. State rail bank fund - creation.
43-1-1310. Effect of transfer of railroad
rights-of-way.
43-1-1311. Survey required - railroad track
removal.
PART 14
DESIGN-BUILD CONTRACTS
PART 15
PROVISION OF RETAIL
OR COMMERCIAL GOODS
AND SERVICES AT
PUBLIC TRANSPORTATION
TRANSFER FACILITIES ON
DEPARTMENT-OWNED PROPERTY
43-1-1401.
43-1-1402.
43-1-1403.
43-1-1404.
43-1-1405.
43-1-1406.
43-1-1407.
43-1-1408.
43-1-1409.
43-1-1410.
43-1-1411.
43-1-1412.
Legislative declaration.
Definitions.
Authority to use a design-build
contract process.
Criteria.
Public notice procedures.
General procedures.
Stipulated fee.
Commission approval required.
Rule-making authority.
Utility relocation - legislative
declaration.
Project specific utility reloca-
tion agreements.
Utility relocation delays.
43-1-1501.
43-1-1502.
43-1-1503.
43-1-1504.
Definitions.
Provision of retail and commer-
cial goods and services at
transfer facilities on depart-
ment property.
Department transfer facilities -
provision of retail and com-
mercial goods and services.
Possessory interests in transfer
facilities - taxation.
PART 16
SAFE ROUTES TO SCHOOL
43-1-1601.
43-1-1602.
43-1-1603.
43-1-1604.
Safe routes to school program.
Federal funds.
Use of funds.
Rules.
PARTI
DEPARTMENT OF TRANSPORTATION
Editor's note: This part 1 was numbered as article 2 of chapter 120, C.R.S. 1963. The substantive
provisions of this part were repealed and reenacted in 1991, resulting in the addition, relocation, and
elimination of sections as well as subject matter. For amendments to this part 1 prior to 1991, consult
the Colorado statutory research explanatory note and the table itemizing the replacement volumes and
supplements to the original volume of C.R.S. 1973, beginning on page vii in the front of this volume.
Former C.R.S. section numbers are shown in editor's notes following those sections that were
relocated.
43-1-101. Legislative declaration. (1) The general assembly hereby finds and de-
clares that the creation of a department of transportation in Colorado is necessary to:
(a) Provide strategic planning for statewide transportation systems to meet the trans-
portation challenges to be faced by Colorado in the future;
(b) Promote coordination between different modes of transportation;
(c) Integrate governmental functions in order to reduce the costs incurred by the state
in transportation matters;
(d) Obtain the greatest benefit from state expenditures by producing a statewide
transportation policy to address the statewide transportation problems faced by Colorado;
and
(e) Enhance the state's prospects to obtain federal funds by responding to federal
mandates for multi-modal transportation planning.
(2) The general assembly further finds and declares that nothing in this article and
nothing incident to the creation of a department of transportation shall be construed to
permit the use of any moneys in the highway users tax fund or any moneys in the aviation
fund for any purposes prohibited by the provisions of section 18 of article X of the state
constitution.
Source: L. 91: Entire part R&RE, p. 1019, § 1, effective July 1.
Title 43 - page 7 General and Administrative 43- 1 - 1 04
43-1-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Commission** means the transportation commission created by section 43-1-106.
(2) "Department** means the department of transportation created by this part 1.
(3) "Executive director** means the executive director of the department.
(4) "Mass transit** means a coordinated system of transit modes providing transporta-
tion for use by the general public.
(5) "Public mass transit operator** means a state or local governmental entity which
provides mass transit services within the state of Colorado.
(6) "Transportation** means transport of persons or property by motor vehicle, bus,
truck, railroad, light rail, mass transit, airplane, bicycle, or any other form of transport.
"Transportation** includes pedestrian transportation.
Source: L. 91: Entire part R&RE, p. 1020, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-110 as it existed prior to 1991.
43-1-103. Department created - executive director. (1) There is hereby created the
department of transportation, the head of which shall be the executive director of the
department of transportation, which office is hereby created. The executive director shall be
appointed by the governor with the consent of the senate and shall serve at the pleasure of
the governor.
(2) The office of the executive director shall include the office of transportation safety
created in section 24-42-101, C.R.S.
(3) The executive director shall prepare and transmit annually, in the form and manner
prescribed by the heads of the principal departments pursuant to the provisions of section
24-1-136, C.R.S., a report accounting to the governor and the general assembly for the
efficient discharge of all responsibilities assigned by law or directive to the department and
the divisions thereof.
(4) Publications by the executive director circulated in quantity outside the executive
branch shall be issued in accordance with the provisions of section 24-1-136, C.R.S.
Source: L. 91: Entire part R&RE, p. 1020, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-102 as it existed prior to 1991.
43-1-104. Department divisions, sections, and units. (1) The department shall
consist of the following divisions:
(a) The highway operations and maintenance division, created in section 43-1-114;
(b) The engineering, design, and construction division, created in section 43-1-116;
(c) The transportation development division, created in section 43-1-117;
(d) The aeronautics division, created in article 10 of this title; and
(e) The transit and rail division created in section 43-1-117.5.
(2) (a) In addition to the divisions created by subsection (1) of this section, the
commission shall create such divisions, sections, and units as are necessary to implement
the provisions of this part 1.
(b) (I) The commission shall create divisions, sections, or units as are necessary to
address the following modes of transportation:
(A) Mass transit operations of public mass transit operators;
(B) Special transportation districts including, but not limited to, public highway
authorities created pursuant to the provisions of part 5 of article 4 of this title, and tunnel
districts created pursuant to the provisions of article 1 of title 32, C.R.S.;
(C) Railroads;
(D) Bicycles and pedestrians.
(II) The duties of the department with regard to the modes of transportation under this
paragraph (b) shall be to:
43-1-105 Transportation Title 43 - page 8
(A) Gather information concerning the operations, planning, and funding requirements
of the present and future transportation systems to assist the department in planning; and
(B) Provide data and technical assistance to transportation operators to assist their
operations and to help improve transportation in Colorado.
(ID) The department shall not assume operating responsibilities of existing transpor-
tation entities unless authorized by intergovernmental agreement.
(c) The commission shall create such divisions, sections, and units of the department as
are necessary to provide the following services for the department:
(1) Administrative and human services; and
(II) Financial and budget management.
(d) Repealed.
Source: L. 91: Entire part R&RE, p. 1021, § 1, effective July 1. L. 2009: (l)(e) added,
(SB 09-094), ch. 280, p. 1249, § 2, effective May 20.
Editor's note: Subsection (2)(d)(H) provided for the repeal of subsection (2)(d), effective July 1,
1996. (See L. 91, p. 1021.)
ANNOTATION
Law reviews. For article, "Statutory and
Regulatory Duties and Obligations of CDOT",
see 38 Colo. Law. 77 (October 2009).
43-1-105. Powers and duties of the executive director. (1) The executive director
shall:
(a) Plan, develop, construct, coordinate, and promote an integrated transportation
system in cooperation with federal, regional, local, and other state agencies and with private
individuals and organizations concerned with transportation planning and operations in the
state;
(b) Initiate such comprehensive planning measures and authorize such studies and other
research as he or she deems necessary for the development of an integrated transportation
system;
(c) Exercise general supervisory control over and coordinate the activities, functions,
and employees of the department and its divisions;
(d) Appoint a deputy director of the department pursuant to the provisions of section 1 3
of article XII of the state constitution;
(e) Maintain and administer the transportation infrastructure revolving fund pursuant to
the provisions of section 43-1-113.5.
(2) Subject to the powers of the commission, the executive director is hereby authorized
to create or alter such sections and units within the divisions of the department as the
executive director determines are necessary to effectively and efficiently operate the
department.
(3) The executive director shall have such other powers, duties, and functions as are
prescribed for heads of principal departments in the ^Administrative Organization Act of
1968", article 1 of title 24, C.R.S.
(4) The executive director shall have the power to solicit bids using electronic on-line
access, including the internet, for purposes of acquiring construction contracts for public
projects as provided in section 24-92-103, C.R.S.
(5) The executive director shall have the power to issue transportation revenue antic-
ipation notes in accordance with the provisions of part 7 of article 4 of this title.
Source: L. 91: Entire part R&RE, p. 1022, § 1, effective July 1. L. 94: (3) added, p.
566, § 18, effective April 6. L. 98: (l)(e) and (4) added, pp. 1098, 1096, §§ 18, 10,
effective June 1. L. 99: (5) added, p. 1118, § 2, effective June 2.
Title 43 - page 9 General and Administrative 43-1-106
43-1-106. Transportation commission - powers and duties. (1) There is hereby
created a transportation commission, which shall consist of eleven members. The initial
members of the commission shall be the members of the state highway commission
immediately prior to July 1, 1991, and each such commission member shall continue to
represent the same district.
(2) One member of the commission shall be appointed by the governor from each of the
following districts:
(a) District 1: The city and county of Denver,
(b) District 2: The county of Jefferson;
(c) District 3: The counties of Arapahoe and Douglas;
(d) District 4: The counties of Adams and Boulder;
(e) District 5: The counties of Larimer, Morgan, and Weld;
(f) District 6: The counties of Rio Blanco, Grand, Moffat, Routt, Gilpin, Clear Creek,
and Jackson;
(g) District 7: The counties of Chaffee, Eagle, Garfield, Lake, Summit, Pitkin, Delta,
Gunnison, Mesa, Montrose, and Ouray;
(h) District 8: The counties of Alamosa, Archuleta, Conejos, Costilla, Dolores,
Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, San Juan, and San Miguel;
(i) District 9: The counties of El Paso, Fremont, Park, and Teller;
(j) District 10: The counties of Baca, Bent, Crowley, Custer, Huerfano, Kiowa, Las
Animas, Otero, Prowers, and Pueblo; and
(k) District 1 1 : The counties of Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips,
Sedgwick, Washington, and Yuma.
(3) Each district member shall actually reside in the district he or she represents. If a
district member ceases to reside in the district he or she represents, such district member
shall be deemed to have resigned as a member of the commission.
(4) (a) Each member of the commission shall be appointed by the governor, with the
consent of the senate, for a term of four years.
(b) The terms of members of the commission who are transferred from the state
highway commission on July 1, 1991, shall expire as follows:
(I) The terms of members of the commission representing districts 2, 4, 5, 6, 9, and 1 1
shall expire on July 1, 1991; and
(II) The terms of members of the commission representing districts 1, 3, 7, 8, and 10
shall expire on July 1, 1993.
(c) As the terms of the members of the commission expire, the governor shall consider
the appointment to the commission of one or more individuals with knowledge or
experience in mass transportation in order to provide for a commission with expertise in
different modes of transportation and shall consider the appointment to the commission of
at least one individual with knowledge or experience in engineering. In making appoint-
ments to the commission, the governor is encouraged to include representation by at least
one member who is a person with a disability, as defined in section 24-45.5-102 (2), C.R.S.,
a family member of a person with a disability, or a member of an advocacy group for
persons with disabilities, provided that the other requirements of this paragraph (c) are met.
(5) All members of the commission, before entering upon the duties of their office, shall
take the oath prescribed by the constitution of this state for state officers and file the same
in the office of the secretary of state.
(6) The commission shall meet regularly not less than eight times a year, but special
meetings may be called by the governor, the chairman of the commission, the executive
director, or a majority of the members of the commission on three days' prior notice by mail
or, in case of emergency, on twenty-four hours' notice by telephone or telegraph. The
commission shall adopt rules in relation to its meetings and the transaction of its business.
Six members shall constitute a quorum of the commission. All meetings of the commission,
in any suit or proceedings, shall be presumed to have been duly called and regularly held,
and all orders, rules and regulations, and proceedings of the commission to have been
authorized, unless the contrary is proved. Each member of the commission shall receive
seventy-five dollars per day for each regular or special meeting of the commission actually
attended and shall be reimbursed for his or her necessary expenses incurred in the discharge
43-1-106 Transportation Title 43 - page 10
of such member* s official duties. Mileage rates shall be computed in accordance with
section 24-9-104, C.R.S.
(7) The members of the commission thus designated or appointed and their successors
shall constitute a body corporate to be known by the name and style of the "transportation
commission of Colorado", shall have the power to adopt and use a common seal and to
change and alter such seal at will, and shall have and exercise all powers necessarily
incident to a body corporate or as provided by law.
(8) In addition to all other powers and duties imposed upon it by law, the commission
has the following powers and duties:
(a) To formulate the general policy with respect to the management, construction, and
maintenance of public highways and other transportation systems in the state and, in that
capacity, to receive delegations, including county commissioners and municipal officials
interested therein;
(b) To assure that the preservation and enhancement of Colorado* s environment, safety,
mobility, and economics be considered in the planning, selection, construction, and oper-
ation of all transportation projects in Colorado;
(c) To make such studies as it deems necessary to guide the executive director and the
chief engineer concerning the transportation needs of the state;
(d) To prescribe the administrative practices to be followed by the executive director
and the chief engineer in the performance of any duty imposed on them by law;
(e) Repealed.
(f) To require the executive director and the chief engineer to furnish whatever reports,
statistics, information, or assistance it may request in studying any particular transportation
problem or with respect to the operation of the department generally;
(g) To furnish the executive director and the chief engineer with advice on any
transportation problem with which they may be confronted;
(h) To promulgate and adopt all department budgets, subject to section 43-1-113, and
state transportation programs, including construction priorities and the approval of exten-
sions or abandonments of the state highway system and including a capital construction
request, based on the statewide transportation improvement programs, for state highway
reconstruction, repair, and maintenance projects to be funded from the capital construction
fund as provided in section 2-3-1304 (1) (a.5), C.R.S. The provisions of mis paragraph (h)
shall not apply to the budget of the aeronautics division; except that the commission has the
authority to adopt the portion of the division's budget pertaining to its administrative costs
and to make an allocation therefor.
(i) To act as consultants and to provide services and information, to the boards of
county commissioners, which in the discretion of the commission are deemed beneficial to
the state of Colorado. Such duty shall include the establishment of a formal hearing process
for the boards of county commissioners.
(j) To do all other things necessary and appropriate in the construction, improvement,
and maintenance of the state highway and transportation systems;
(k) To make all necessary and reasonable orders, rules, and regulations in order to carry
out the provisions of this part 1 but not inconsistent therewith, but nothing in this section
shall be deemed or construed to give the commission or any member thereof the power to
direct any officer or any employee, other than the executive director of the department, to
do or not to do anything;
(1) To do all things necessary and appropriate in the construction, improvement, and
maintenance of the public roads serving the state parks and recreation areas and, to this end,
to cooperate with the parks and wildlife commission and the director of the division of parks
and wildlife;
(m) To do all things necessary and appropriate in the construction, maintenance, and
improvement of recreational trails along and across new or existing state or interstate
highways and, to this end, to cooperate with the parks and wildlife commission and the
director of the division of parks and wildlife;
(n) To prepare an inventory of, description of use of, evaluation of future plans for, and
assessment of the value of property, except for operating highway rights-of-way, held by the
department and to determine whether or not the transfer, sale, lease, or other disposition of
Title 43 - page 1 1 General and Administrative 43-1-106
such property would result in a substantial net benefit to the highway users tax fund or any
other fund to which such moneys would be directed. Upon such determination, the
commission shall direct the department to dispose of any property that is not anticipated for
use for transportation purposes in the reasonably foreseeable future, as determined by the
chief engineer, subject to the provisions of section 43-1-210 (5).
(o) To require the internal auditor to perform such audits and furnish such other
information or assistance as is set forth in subsection (12) of this section;
(p) (I) To promulgate all necessary and reasonable regulations to establish an emerging
small business program for the department. In promulgating such regulations, the commis-
sion may provide such assistance to eligible small businesses as the commission determines
is appropriate to promote the participation of small businesses in the performance of
highway construction work, professional services work, and practice of research work and
thereby to increase the competition and lower the cost to the state for such work. For the
purposes of this paragraph (p), "professional services'* shall have the meaning provided for
such term in section 24-30-1402 (6), C.R.S. For the purposes of this paragraph (p),
"practice of research" means the performance of professional services involving the design,
data collection and data analysis of studies such as evaluation studies, usage studies,
feasibility studies, environmental impact studies, polling studies, and other such studies
performed by a person qualified by education or training or actual performance in the field.
(II) The assistance that is provided to small businesses under the regulations promul-
gated by the commission pursuant to the provisions of subparagraph (I) of this paragraph
(p) may include, but is not necessarily limited to, the following:
(A) Assistance in developing business plans;
(B) The provision of technical assistance to small businesses;
(C) The provision of payments to prime contractors and consultants for the actual costs
incurred by such contractors and consultants in providing job training to small business
subcontractors and subconsultants;
(D) The restriction of certain smaller projects to only eligible small businesses;
(E) The provision of assistance to small businesses with bonding and retainage require-
ments, including, but not necessarily limited to, the waiver of bonding or retainage
requirements for certain smaller projects;
(F) Increasing the number of smaller projects that could be completed by small
businesses in construction and nonconstruction areas; and
(G) The adjustment of the points awarded in the evaluation of any prospective
consultant who is an eligible small business or who will hire eligible small businesses as
subconsultants in construction and nonconstruction areas.
(q) (I) To cooperate or contract with the department of transportation of one or more
states, regional or national associations, or not-for-profit organizations to provide any
function, service, or facility lawfully authorized to each, including the sharing of costs,
concerning the research, development, implementation, or utilization of transportation
studies, issues, and new transportation technology. Said studies, issues, and technology shall
include intelligent vehicle highway systems only if such cooperation or contracts are
authorized by each party with the approval of its legislative body or other authority.
(II) Any such contract shall set forth fuUy the purposes, powers, rights, obligations, and
responsibilities, financial and otherwise, of the contracting parties.
(IE) Where other provisions of law provide requirements for special types of intergov-
ernmental contracting or cooperation, those special provisions shall control.
(IV) Any such contract may provide for the joint exercise of any function, service, or
facility, as specified in subparagraph (I) of this paragraph (q), including the establishment
of a separate legal entity to do so.
(r) Subject to section 2-3-1307, C.R.S., to cooperate with the executive director in
complying with the requirements of section 24-1-136.5, C.R.S., concerning the preparation
of operational master plans, facilities master plans, and facilities program plans for the
department;
(s) To promulgate rules or guidelines for the maintenance and administration of the
transportation infrastructure revolving fund in accordance with section 43-1-113.5.
43-1-106 Transportation Title 43 - page 12
(9) The commission may adopt rules and regulations to provide that traffic lanes of state
highways, or portions thereof, may be designated as diamond lanes for the preferential
treatment of buses. The commission may also by rule and regulation provide that diamond
lanes, or portions thereof, may also be available for use by vanpools and carpools. Such
rules and regulations may include, but shall not be limited to, the minimum number of
persons that would constitute a vanpool or carpool, the conditions under which such
vanpools and carpools may use such diamond lanes, time restrictions, if any, conformance
with existing intergovernmental agreements, and variances between highways. The com-
mission shall report to the senate transportation committee and the house transportation and
energy committee as to the utilization of high-occupancy vehicle traffic lanes, and their
overall impact on traffic flow and air quality. Any hearings held pursuant to article 4 of title
24, C.R.S., shall be presided over by the commission, its designee for rule-making, or an
administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S.
(9.5) (a) The commission shall promulgate and implement written policies based upon
the policy directive number 1604.0 issued by the commission on November 18, 1999, or
any subsequent policy directive as amended or revised requiring the department to notify
and disseminate information regarding transportation construction projects to the public and
to residential neighborhoods and businesses that may be affected by transportation con-
struction projects. Such policies shall include at a minimum:
(I) Notification procedures to communities, residences, and businesses affected by a
proposed transportation construction project, including time periods for notification and
information about lane closures and detours;
(II) Notification and signage requirements to be followed by contractors for a trans-
portation construction project;
(III) Requirements for mitigation of impacts, including but not limited to noise, dust,
and access to property caused by a transportation construction project.
(b) The policies issued pursuant to this subsection (9.5) shall not be construed to reopen
the project public participation process for any transportation construction project for which
the public participation process has been completed prior to June 1, 2002.
(10) The commission shall define the succession of administrative officers in the
department so that in the absence of the executive director, the deputy director, or the chief
engineer there may always be a designated officer to act in his or her stead and to assume
the obligation of his or her office.
(11) The commission shall act only by resolution adopted at a duly called meeting of
the commission, and no individual member of the commission shall exercise individually
any administrative authority with respect to the department.
(12) (a) Subject to the provisions of section 13 of article XII of the state constitution,
the executive director of the department shall appoint an internal auditor, who shall have the
status of a division director and shall have the authority to appoint such personnel as may
be necessary for the efficient operation of his office. The executive director shall give
presumptive consideration to the recommendations of the commission prior to appointing
the internal auditor.
(b) The internal auditor shall conduct and supervise:
(I) Internal audits on the department;
(II) External audits on persons entering into contracts with the department, as deemed
necessary or advisable by the commission;
(HI) Such federally required audits as are delegated to the commission or the depart-
ment to perform;
(IV) Financial audits in order to ensure the financial integrity of the department; and
(V) Performance audits to determine the efficiency and effectiveness of the operations
of the department.
(c) The commission shall establish an audit review committee from the commission
membership which shall oversee the operations of the internal auditor and his staff.
(d) The executive director may direct the internal auditor to conduct such other audits
as the executive director may deem necessary.
(e) It is the intent of the general assembly to shift reporting of, supervision of, and
control of the department's internal auditor to the commission.
Title 43 - page 13 General and Administrative 43-1-106
(13) Repealed.
(14) The commission shall seek to enter into intergovernmental agreements with local
governmental entities in order to encourage cooperation between the department and local
governments and to maximize the efficiency of transportation systems in Colorado. Such
intergovernmental agreements shall be negotiated by the chief engineer or the executive
director pursuant to the provisions of section 43-1-110 (4).
(15) In addition to any other duties required by law, the commission shall have the
following charges:
(a) To study the feasibility of generating income for highway operations through the
usage of the powers granted to the department under the provisions of part 2 of article 3 of
this title;
(b) To study the feasibility of transferring some or all of the existing tunnel and
highway authorities to the department and to examine the building of a highway beltway in
the Denver metropolitan area;
(c) To study whether the regulation of private and public bus companies should
continue to be performed by the public utilities commission or whether such regulation
should be performed by the department; t
(d) To study and make recommendations for existing and future transportation systems
in Colorado with a focus of such study and recommendations being a ten-year plan for each
mode of transportation. Such ten-year plan shall be based on what can be reasonably
expected to be implemented with the estimated revenues which are likely to be available.
(e) To examine the application of traffic systems management and intelligent vehicle
highway systems for Colorado highways. The commission shall complete such examination
as soon as practicable.
(16) Repealed.
(17) (a) The commission shall create a standing efficiency and accountability commit-
tee. The committee shall seek ways to maximize the efficiency of the department to allow
increased investment in the transportation system over the short, medium, and long term.
The committee shall include:
(I) From state government:
(A) One member of the commission designated by the commission;
(B) One member from the office of the executive director designated by the executive
director,
(C) One member from each of the divisions of the department created in section
43-1-104 (1) designated by the executive director after consultation with the directors of
each division; and
(D) Any other employees of the department that the executive director may designate;
(II) From outside state government, representatives of:
(A) The construction industry;
(B) The engineering industry;
(C) The environmental community;
(D) Transportation planning organizations;
(E) Public transportation providers; and
(F) Any other industries or groups that the commission determines should be repre-
sented on the committee.
(b) The efficiency and accountability committee shall periodically report to the com-
mission and the executive director regarding means by which the commission and the
department may execute their duties more efficiently. The executive director or the
executive director's designee shall report at least once per calendar year to either the
committees of the house of representatives and the senate that have jurisdiction over
transportation or the transportation legislation review committee created in section 43-2-
145 (1) regarding the activities and recommendations of the efficiency and accountability
committee and any actions taken by the commission or the department to implement
recommendations of the committee.
Source: L. 91: Entire part R&RE, p. 1022, § 1, effective July 1. L. 92: (12)(b)(II)
amended, p. 1335, § 1, effective April 9; (8)(p) added, p. 1336, § 1, effective June 1; (8Xo)
43-1-107
Transportation
Title 43 - page 14
amended, p. 2183, § 57, effective June 2. L. 94: (8)(q) added, p. 303, § 2, effective March
22; (8)(r) added, p. 566, § 19, effective April 6. L. 95: (8)(h) amended, p. 1297, § 4,
effective June 5. L. 96: (15) amended, p. 1272, § 206, effective August 7. L. 97: (16)
added, p. 959, § 1, effective August 6. L. 98: (8)(s) added, p. 1098, § 19, effective June
1. L. 99: (8)(e) amended, p. 1400, § 2, effective June 4. L. 2000: (13) amended, p. 1938,
§ 20, effective October 1. L. 2001: (13) amended, p. 1286, § 74, effective June 5.
L. 2002: (9.5) added, p. 992, § 1, effective June l;(16)(e) amended, p. 872, § Ineffective
August 7. L. 2003: (8)(e) and (13) repealed, p. 2660, § 1, effective August 6. L. 2004:
(16) repealed, p. 218, § 43, effective August 4. L. 2006: (8)(h) amended, p. 540, § 1,
effective July 1. L. 2008: (4)(c) amended, p. 304, § 1, effective August 5. L. 2009: (17)
added, (SB 09-108), ch. 5, p. 53, § 14, effective March 2; (4)(c) amended, (HB 09-1281),
ch. 399, p. 2155, § 7, effective August 5. L. 2012: (8)(1) and (8)(m) amended, (HB
12-1317), ch. 248, p. 1239, § 105, effective June 4.
Editor's note: This section is similar to former §§ 43-1-103 and 43-1-105 as they existed prior to
1991.
Cross references: (1) For the oath of civil officers prescribed by the state constitution, see § 8
of art. XII, Colo. Const.; for rule-making procedures, see article 4 of title 24.
(2) For the legislative declaration contained in the 1996 act amending subsection (15), see section
1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 1999
act amending subsection (8)(e), see section 1 of chapter 338, Session Laws of Colorado 1999.
ANNOTATION
Annotator's note. Since § 43-1-106 is sim-
ilar to §§ 43-1-103 and 43-1-105 as they existed
prior to the 1991 repeal and reenactment of this
part 1, relevant cases construing those provi-
sions have been included in the annotations to
this section.
This section defines the powers and duties
of the state highway commission. It does not
provide that the state highway commission may
be sued. People ex rel. Watrous v. District Court
of United States, 207 F.2d 50 (10th Cir. 1953).
Section transfers power to commission
from engineer. By this section the general as-
sembly intended, generally, to transfer the pow-
ers and duties of the highway engineer from that
officer to the newly established state highway
commission. McDonald v. City of Glenwood
Springs, 129 Colo. 101, 267 P.2d 1111 (1954).
No delegation intended. If any one or more
of the powers and duties set forth in this section
were intended to be delegated to the governor or
others, it would have been timely to do so when
the executive department was reorganized. State
Hwy. Comm'n v. Haase, 189 Colo. 69, 537 P.2d
300 (1975).
The general assembly intended that the
chief engineer be responsible to the state
highway commission in well-defined areas,
because they set for that position highly profes-
sional engineering qualifications. State Hwy.
Comm'n v. Haase, 189 Colo. 69, 537 P.2d 300
(1975).
The state highway commission is empow-
ered to direct the chief engineer in the areas
which will enable it to exercise its prescribed
statutory powers, duties, and functions indepen-
dently of the head of the principal department.
State Hwy. Comm'n v. Haase, 189 Colo. 69, 537
P.2d 300 (1975).
Even in light of the administrative organiza-
tion act, the commission continues to be em-
powered to direct the chief engineer as set forth
in paragraphs (c) and (e) of subsection (1) of this
section. State Hwy. Comm'n v. Haase, 189
Colo. 69, 537 P.2d 300 (1975).
Appointment power to fill expired seats.
Since the terms of the "incumbent commission-
ers" of the state highway commission expired
while the state senate was in session, the interim
appointment power of the governor could not be
invoked. Therefore, the "incumbent commis-
sioners" were entitled to remain as highway
commissioners until their successors were duly
qualified as provided in § 1 of art. XH, Colo.
Const. People ex rel. Lamm v. Banta, 189 Colo.
474, 542 P.2d 377 (1975).
43-1-107. Duties of deputy director. At the request of the executive director or in his
or her absence or disability, the deputy director of the department shall perform all of the
duties of the executive director, and, when so acting, the deputy director shall have all the
Title 43 - page 15 General and Administrative 43-1-109
powers of and be subject to all of the restrictions imposed upon the executive director. In
addition, the deputy director shall perform such other duties as may from time to time be
assigned to him or her by the executive director.
Source: L. 91: Entire part R&RE, p. 1029, § 1, effective July 1.
43-1-108. Transfer of functions, employees, and property - contracts. (1) The
department shall, on and after July 1, 1991, execute, administer, perform, and enforce the
rights, powers, duties, functions, and obligations vested in the state department of highways
as a principal department prior to July 1, 1991, concerning the duties and functions
transferred to the department pursuant to this article. On and after July 1, 1991, the officers
and employees of the state department of highways as a principal department prior to said
date whose duties and functions concerned the duties and functions transferred to the
department pursuant to this article and whose employment in the department of transpor-
tation is deemed necessary by the executive director to carry out the purposes of this article
shall be transferred to the department and become employees thereof. Such employees shall
retain all rights to state personnel system and retirement benefits pursuant to the laws of this
state, and their services shall be deemed to have been continuous. All transfers and any
abolishment of positions in the state personnel system shall be made and processed in
accordance with state personnel system laws and rules and regulations.
(2) On July 1, 1991, all items of property, real and personal, including office furniture
and fixtures, books, documents, and records of the state department of highways pertaining
to the duties and functions transferred to the department pursuant to section 24-1-128.7,
C.R.S., are transferred to the department of transportation and become the property thereof.
(3) The provisions of subsections ( 1 ) and (2) of this section shall not apply to functions,
employees, and property transferred under the provisions of section 24-42-104, C.R.S.
(4) Whenever the state department of highways is referred to or designated by any
contract or other document in connection with the duties and functions transferred to the
department pursuant to this article, such reference or designation shall be deemed to apply
to the department of transportation pursuant to this article. All contracts entered into by the
state department of highways as a principal department prior to July 1, 1991, in connection
with the duties and functions transferred to the department pursuant to this article are hereby
validated, with the department of transportation created by this article succeeding to all the
rights and obligations of such contracts. Any appropriations of funds from prior fiscal years
open to satisfy obligations incurred pursuant to such contracts are hereby transferred and
appropriated to the department of transportation created by this article for the payment of
such obligations.
Source: L. 91: Entire part R&RE, p. 1029, § 1, effective July 1.
43-1-109. Chief engineer. (1) There is hereby created the office of chief engineer.
The chief engineer shall be a licensed professional engineer with a minimum of ten years'
responsible engineering experience, including management and organization in the field of
highway engineering.
(2) The chief engineer shall be appointed by the executive director pursuant to section
13 of article XII of the state constitution and shall be employed by the executive director
of the department of transportation pursuant to the provisions of the constitution and laws
of the state.
Source: L. 91: Entire part R&RE, p. 1030, § 1, effective July 1. L. 2004: (1) amended,
p. 1318, § 79, effective May 28.
Editor's note: This section is similar to former § 43-1-104 as it existed prior to 1991.
Cross references: For provisions concerning the registration of professional engineers, see part 1
of article 25 of title 12.
43-1-110 Transportation Title 43 - page 16
ANNOTATION
Annotator's note. Since § 43-1-109 is sim- highway commission (now the state transpor-
ilar to § 43-1-104 as it existed prior to the 1991 tation commission) in well-defined areas, be-
repeal and reenactment of this part 1, a relevant cause they set for that position highly profes-
case construing that provision has been included sional engineering qualifications. State Hwy.
in the annotations to this section. Comm'n v. Haase, 189 Colo. 69, 537 P.2d 300
The general assembly intended that the (1975).
chief engineer be responsible to the state
43-1-110. Powers and duties of the chief engineer - hearings - rule-making.
(1) The chief engineer shall be the chief administrative officer of the highway operations
and maintenance division and the engineering, design, and construction division and shall
have direct control and management of the functions of such divisions, subject only to the
direction and supervision of the executive director as prescribed in this part 1. The chief
engineer shall attend all meetings of the commission and, except as otherwise provided by
this part 1 or other law, the chief engineer shall perform all of the duties and exercise all
of the powers vested by law in the highway operations and maintenance division and the
engineering, design, and construction division, including the awarding, under the supervi-
sion of the executive director, of all contracts for the construction or maintenance of state
highways and mass transportation projects. The chief engineer shall establish such subdi-
visions as necessary to carry out the powers and duties of such divisions and shall assign
thereto appropriate powers and duties. It is the duty of the chief engineer in the adminis-
tration of such divisions to so organize the same that all employees of the division, so far
as possible, shall be interchangeable in work assignment so that they may be shifted within
the division to meet seasonal and emergency demands.
(2) Whenever the department of transportation or any of the divisions of the department
other than the aeronautics division is authorized or required by law to hold a hearing, said
hearing shall be presided over by the executive director or the executive director's designee,
who may be, but shall not be limited to, the chief engineer or an administrative law judge
appointed pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and to make
findings and report them to the executive director and to the commission; except that,
whenever the chief engineer is authorized or required by law to adopt rules or regulations
for the highway operations and maintenance division, the engineering, design, and con-
struction division, or the department of transportation, any hearing held pursuant to article
4 of tide 24, C.R.S., shall be presided over by the chief engineer, his or her designee for
rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of
title 24, C.R.S.
(3) The chief engineer and the executive director are hereby authorized to accept, on
behalf of the state, any federal moneys made available for highway, railway, mass transit,
and other public transportation purposes for which no regional or local subdivision of the
state has operating authority; except that, if an intergovernmental agreement between the
Denver regional transportation district and the department concerning the southeast corridor
intermodal transportation project is not signed by October 15, 1999, then the chief engineer
and the executive director are authorized to accept, on behalf of the state, any federal transit
funds made available.
(4) The executive director or the chief engineer shall represent the department in
negotiations with local governmental entities concerning intergovernmental agreements
between the department and such local governmental entities to implement the provisions
of this article. No such intergovernmental agreement involving more than seven hundred
fifty thousand dollars shall become effective without the approval of the commission.
Source: L. 91: Entire part R&RE, p. 1030, § 1, effective July 1. L. 99: (3) amended,
p. 543, § 1, effective May 5.
Editor's note: This section is similar to former § 43-1-106 as it existed prior to 1991.
Title 43 - page 17
General and Administrative
43-1-112.5
ANNOTATION
Annotator's note. Since § 43-1-110 is sim-
ilar to § 43-1-106 as it existed prior to the 1991
repeal and reenactment of this part 1, relevant
cases construing that provision have been in-
cluded in the annotations to this section.
Powers vested in chief engineer under pre-
vious statute held to conflict with powers
granted to comptroller. State Hwy. Dept. v.
Dawson, 126 Colo. 490, 253 P.2d 593 (1952).
The general assembly intended that the
chief engineer be responsible to the state
highway commission in well-defined areas,
because they set for that position highly profes-
sional engineering qualifications. State Hwy.
Comm'n v. Haase, 189 Colo. 69, 537 P.2d 300
(1975).
The chief engineer's responsibility to the
commission is to be found in this section.
State Hwy. Comm'n v. Haase, 189 Colo. 69, 537
P.2d 300 (1975).
43-1-111. Engineer to acquire property. On behalf of the department of transporta-
tion, the chief engineer has the authority to take and hold and to contract to take and hold
title to real property, or any interest therein, in the name of the department of transportation,
whether such real property or interest is used, or intended to be used, for right-of-way or
maintenance purposes or for any other purpose authorized by law.
Source: L. 91: Entire part R&RE, p. 1032, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-107 as it existed prior to 1991.
43-1-112. Legal services. ( 1 ) The attorney general shall provide legal services for the
department of transportation, including the commission.
(2) The executive director shall cause the attorney general to bring and prosecute for
and defend on behalf of and in the name of the department, or any of its divisions, suits and
proceedings:
(a) To acquire rights-of-way and other property for the department as provided by law
for transportation purposes;
(b) To recover damages for negligence resulting in injury to property of the department
as provided in subsection (3) of this section, but such damages shall be diminished in
proportion to the amount of negligence, if any, attributable to the department;
(c) To enforce or recover damages for the breach of contracts entered into by the
department;
(d) To quiet title to or to recover real or personal property or any interest or right
therein;
(e) For any other purpose necessary and proper for carrying out the functions of the
department.
(3) To recover damages to property of the department pursuant to paragraph (b) of
subsection (2) of this section, the department shall send by first-class mail a written bill for
the damage to any person causing such damage. If the person disputes liability for the
damage or the amount of the bill, the person may file within twenty days of receipt of the
bill an appeal with the department's chief engineer in charge of operations and maintenance
in accordance with the provisions of section 24-4-105, C.R.S. The bill shall provide notice
of the right to appeal.
Source: L, 91: Entire part R&RE, p. 1032, § 1, effective July 1. L. 95: (2Kb) amended
and (3) added, p. 1301, § 3, effective June 5.
Editor's note: This section is similar to former § 43-1-108 as it existed prior to 1991.
43-1-112.5. Establishment of annual allowable revenues and expenditures by gen-
eral assembly. (1) The general assembly hereby finds and declares that:
(a) Section 20 of article X of the state constitution limits state fiscal year spending;
43-1-113 Transportation Title 43 - page 18
(b) Subject to certain exclusions specified in section 20 of article X of the state
constitution, all state general fund expenditures and all state cash fund expenditures,
including expenditures of the department and the commission, are included in the limitation
on state fiscal year spending;
(c) The legislative powers of the general assembly, including but not limited to its
plenary power of appropriation, authorize and require the general assembly to assure
compliance with the limitation on state fiscal year spending and to make fundamental fiscal
policy decisions establishing the level of activity of all departments and agencies of state
government, including the department and the commission; and
(d) Consonant with the exercise of such legislative powers, the general assembly must
establish limits on the revenues under the jurisdiction of and the expenditures of the
department and the commission.
(2) For the 1993-94 fiscal year and fiscal years thereafter, the general assembly, in the
general appropriation bill or by separate bill, shall prescribe the total amount of allowable
revenues which may be collected and expenditures which may be made by the department
and the commission for the fiscal year. The amounts prescribed by the general assembly
pursuant to this subsection (2) shall be based upon the determination of the limitation on
state fiscal year spending under section 20 of article X of the state constitution and upon
decisions establishing the level of activity of all departments and agencies of state
government, including the department and the commission.
Source: L. 93: Entire section added, p. 1512, § 15, effective June 6.
43-1-113. Funds - budgets - fiscal year - reports and publications - repeal. (1) All
funds and moneys to the credit of the department of transportation shall be expended under
the supervision and direction of the commission within the total expenditures prescribed by
the general assembly for the fiscal year pursuant to section 43-1-112.5; except that moneys
in the aviation fund shall be expended pursuant to the provisions of article 10 of this title.
(2) Annually on or before December 1 5, the commission shall adopt and the department
of transportation shall submit to the joint budget committee, the house transportation and
energy committee, the senate transportation committee, and the governor a proposed budget
allocation plan for moneys subject to its jurisdiction for the fiscal year beginning on July 1
of the succeeding year. The plan shall be submitted in a format determined by the joint
budget committee and shall include, but not be limited to, the following information:
(a) Estimates of all available revenues displayed by source of moneys, including any
carry forward balances anticipated and any restrictions on any available moneys;
(b) All interest and debt redemption charges during the fiscal year;
(c) Allocation of spending, by the following categories of expenditure:
(I) Maintenance of the state highway system;
(II) Construction projects on the state highway system, including capacity increases;
(HI) Administration, which is deemed to include salaries and expenses of the following
offices and their staffs: Commission, executive director, chief engineer, district engineers,
budget, internal audits, public relations, equal employment, special activities, accounting,
administrative services, building operations, management systems, personnel, procurement,
insurance, legal, and central data processing;
(IV) Other departmental staff which are allocated to maintenance or construction costs
on the state highway system and the basis for such allocation;
(V) Repealed.
(VI) (A) Estimated statewide indirect cost recoveries of state agencies payable from
the state highway fund as required by subsection (8) of this section.
(B) Repealed.
(VII) Any land acquisitions pursuant to maintenance or construction projects, including
land acquisitions which may be accomplished by eminent domain;
(VIE) All construction and maintenance projects, grouped by priority order according
to both transportation commission district and statewide priority;
(d) A summary of allocation of spending for the current fiscal year indicating expen-
ditures which are different from recommended changes made to the proposed budget
Title 43 - page 1 9 General and Administrative 43- 1 - 1 1 3
allocation plan by the joint budget committee, the house transportation and energy com-
mittee, and the senate transportation committee in their responses to such plan for the
current fiscal year;
(e) A procedure for dealing with emergencies and contingencies unforeseen at the time
of the preparation of the plan and an enumeration of other spending which could be reduced
in order to deal with such emergencies or contingencies.
(2.5) Annually on or before October 1, the commission shall submit a capital construc-
tion request for state highway reconstruction, repair, or maintenance projects to the capital
development committee to be funded from money transferred to the capital construction
fund pursuant to section 24-75-302 (2), C.R.S. Such request shall be made in accordance
with section 2-3-1304 (1) (a.5), C.R.S.
(3) (a) For the fiscal year 1993-94 and for each fiscal year thereafter, appropriations
made by the general assembly to the department of transportation for administrative
expenditures, which are listed in subparagraph (III) of paragraph (c) of subsection (2) of this
section, shall be set forth in a single line item as a total sum, and such expenditures shall
not be identified by project, program, or district.
(b) The provisions of this subsection (3) shall not apply to the aeronautics division.
(4) (Deleted by amendment, L. 2007, p. 593, § 1, effective August 3, 2007.)
(5) Repealed.
(6) (a) The amount budgeted for administration in no case shall exceed five percent of
the total budget allocation plan. In addition to any other requirements, the budget allocation
plan shall include a general state transportation budget summary setting forth the aggregate
figures of the budget in such manner as to show the balanced relations between the total
proposed expenditures and total anticipated revenues, together with the other means of
financing the budget for the ensuing fiscal year compiled with corresponding figures for the
last completed fiscal year and the fiscal year in progress. It shall also include the statements
of the bonded indebtedness of the department of transportation showing the debt redemp-
tion requirements, the debt authorized and unissued, and the contents of the sinking funds.
As an addendum to the budget allocation plan, there shall be published a complete list of
all projects budgeted in prior years which have not been deleted or progressed to comple-
tion, including all funds carried over from the budget of previous years, whether resulting
from construction or operation for less than the budgeted figure or from incomplete or
deleted projects.
(b) Repealed.
(7) Repealed.
(8) (a) The department, out of moneys in the state highway fund budgeted therefor by
the transportation commission and within the total expenditures prescribed by the general
assembly for the fiscal year pursuant to section 43-1-112.5, shall reimburse other agencies
of state government for the costs incurred by such state agencies in providing necessary
services in support of the department and the administration of the highway funds of the
state. Such state agencies include, but are not necessarily limited to, the office of the state
controller in the department of personnel, the office of state planning and budgeting, the
department of personnel, the department of revenue, and the department of the treasury. For
any fiscal year, the amount paid to any such state agency shall be the amount indicated in
the general appropriation act as the recovery of indirect costs by such state agency out of
the state highway fund. The amount so indicated in the general appropriation act for the
recovery of indirect costs by any state agency pursuant to this subsection (8) may exceed
the actual indirect cost incurred by such agency, but the total of all such statewide indirect
cost recoveries indicated in the general appropriation act shall not exceed the total indirect
costs reasonably expected to be incurred by all state agencies in providing necessary
services in support of the department and the administration of the highway funds of the
state. Payments made pursuant to this subsection (8) shall not be subject to the limitations
on appropriations and statutory distributions from the highway users tax fund contained in
section 43-4-201 (3).
(b) Repealed.
(9) (a) The house transportation and energy committee and the senate transportation
committee shall hold a joint meeting, including the opportunity for a public hearing, for the
43-1-113 Transportation Title 43 - page 20
purpose of review and comment on the proposed budget allocation plan. No later than
March 15 of each year, the official response of the house transportation and energy
committee and the senate transportation committee to the proposed budget allocation plan,
along with any recommended changes to such plan, shall be transmitted to the commission.
The joint budget committee may also, by said March 15, transmit to the commission its
response to the proposed budget allocation plan. The staff of the joint budget committee
shall be available to assist the house transportation and energy committee and the senate
transportation committee in their joint review of the proposed budget allocation plan.
Nothing contained in this paragraph (a) shall be construed to affect the general powers and
duties of the joint budget committee relating to its review of the executive budget and the
budget requests of state agencies, including the department of transportation, under section
2-3-203, C.R.S.
(b) Repealed.
(c) (I) No later than April 15 of each year, the commission shall adopt a final budget
allocation plan which shall, upon approval of the governor, constitute the budget for the
department for the ensuing fiscal year and which shall comply with the total revenues and
expenditures prescribed by the general assembly for such fiscal year pursuant to section
43-1-112.5. Concurrent with submission of the final budget allocation plan to the governor,
the commission shall submit in writing to the general assembly its responses to the
recommendations of the joint budget committee, the house transportation and energy
committee, and the senate transportation committee, or any successor committees. The final
budget allocation plan may include some or all of the changes recommended by such
committees, but no other changes from the proposed budget allocation plan may be made;
except that the commission shall ensure that the final budget allocation plan is within the
total revenues and expenditures prescribed by the general assembly pursuant to section
43-1-112.5, and the commission may adopt, consistent with said prescribed amounts,
amendments reflecting increases or decreases in revenue or expenditures not anticipated at
the time of adoption of the proposed budget allocation plan, amendments increasing or
decreasing expenditures as a result of emergencies or contingencies unforeseen at the time
of the preparation of the proposed budget allocation plan, and amendments reflecting
changes in the amounts indicated in the general appropriation act as statewide indirect cost
recoveries payable from the state highway fund as provided in subsection (8) of this section.
(II) This paragraph (c) is effective July 1, 1992.
(10) It is the duty of the department of transportation to report monthly on a form
approved by the controller, within fifteen days after the close of each month, the expendi-
tures made from each budget category and the unexpended and unencumbered balance of
each such budget subcategory.
(11) Repealed.
(12) (a) No expenditure shall be made from the state highway funds in excess of the
amount prescribed by the general assembly pursuant to section 43-1-112.5 and the amount
proposed by the final budget allocation plan or amendments thereto adopted pursuant to
paragraph (c) of subsection (9) of this section. It is the duty of the controller to disapprove
any such expenditures when the reports reflect such excessive expenditures in relation to the
amount prescribed by the general assembly pursuant to section 43-1-112.5 and the proposed
final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of
subsection (9) of this section.
(b) This subsection (12) is effective July 1, 1992.
(13) The commission shall have no power to adopt a budget allocation plan which
diverts federal funds designated for other projects to any beltway within the Denver
metropolitan region constructed by a public highway authority pursuant to part 5 of article
4 of this title.
(14) (a) Except as provided in paragraph (b) of this subsection (14), the fiscal year of
the department of transportation shall commence on July 1 and end on June 30 of each year.
The annual final budget allocation plan is to be adopted by the commission on or before
April 15 of each year for the ensuing fiscal year, except for that portion of the budget for
construction projects which shall be prepared as soon as practicable but not later than sixty
Title 43 - page 2 1 General and Administrative 43- 1 - 1 1 3
days after receipt of notification of federal highway fund apportionments for the ensuing
federal fiscal year.
(b) The fiscal year for the department of transportation for the purpose of highway
construction projects shall be a calendar year.
(15) In any highway construction project involving an expenditure not exceeding five
million dollars of state funds in any one fiscal year, the department of transportation, under
the supervision and direction of the transportation commission, is authorized to enter into
a single contract or agreement for such project and to finance same by revenue from more
than one fiscal period. Any such project shall be budgeted by providing the required funds
from future as well as current fiscal periods, and the anticipated revenues from future fiscal
periods shall be shown in the final budget allocation plan for the first fiscal period in which
the project appears, together with the anticipated necessary expenditures for future fiscal
periods. Commitment on any such contract shall have priority for payment in the future
fiscal periods after payment of such commitments as are now provided by law and after the
payment of fixed expenditures for maintenance, administration, and other nonconstruction
items.
(16) (a) If there are fewer than three bidders on a highway project, no award shall be
made if the award is more than ten percent over the estimate of the department of
transportation on the project; except that, if the estimate of the department on the project is
less man one million dollars and there are fewer than three bidders, the executive director
may make an award of more than ten percent, but less than twenty-five percent over the
estimate of the department to the low responsible bidder, as defined in section 24-103-101
(3), C.R.S.
(b) (I) Notwithstanding any provision of this subsection ( 1 6) to the contrary, if funding
for a highway project includes moneys received pursuant to the federal "American
Recovery and Reinvestment Act of 2009", Pub.L. 111-5, or any amendments thereto, the
executive director may make an award to the low responsible bidder regardless of the
estimate of the department if the executive director determines in writing that it is necessary
to do so in order to expedite the use of the moneys in a manner consistent with the goals
and purposes of the federal act. The written determination shall be included in the contract
file, provided to the Colorado economic recovery accountability board, or any successor
board, and made publicly available by posting on the official Colorado economic recovery
and accountability web site.
(II) This paragraph (b) is repealed, effective July 1, 2013.
(17) In the event that geotechnical testing or materials testing is required for any state
highway project, the department of transportation may submit a request for proposals to the
private sector for the completion of such testing. Such private sector individuals shall be
certified by the department of transportation.
(18) Repealed.
(19) (a) Any payments for transportation revenue anticipation notes issued to finance
any qualified federal aid transportation project and any costs associated with the issuance
and administration of such notes shall be subject to annual allocation by the commission,
in its sole discretion, in accordance with part 7 of article 4 of this title.
(b) Federal transportation funds, as defined in section 43-4-702 (4), that are paid to the
state shall be allocated and used to reimburse the state highway fund, the state highway
supplementary fund, or both, for any moneys in said fund or funds used to pay transpor-
tation revenue anticipation notes or any costs associated with the issuance and administra-
tion of such notes in accordance with section 43-4-705 (2) (c) (H).
Source: L. 91: Entire part R&RE, p. 1032, § 1, effective July 1. L. 93: (1), (3Xa),
(8)(a), (9)(cXI), and (12)(a) amended, p. 1513, § 16, effective June 6. L. 94: (12)(a)
amended, p. 1647, § 86, effective May 31. L. 95: (2.5) and (18) added, p. 1297, § 5,
effective June 5; (8)(a) amended, p. 667, § 109, effective July 1. L. 99: (19) added, p. 1119,
§ 3, effective June 2; (16) amended, p. 598, § 1, effective August 4. L. 2004: (18)
repealed, p. 219, § 44, effective August 4. L. 2005: (2)(c)(VI)(B), (6)(b), and (8Kb)
repealed, p. 290, § 43, effective August 8. L. 2007: (4) and (9)(cXD amended, p. 593, § 1,
43-1-113.5 Transportation Title 43 - page 22
effective August 3. L. 2009: (16) amended, (SB 09-297), ch. 285, p. 1298, § 4, effective
May 20. L. 2010: (8)(a) amended, (HB 10-1181), ch. 351, p. 1631, § 32, effective June 7.
Editor's note: (1) This section is similar to former § 43-1-111 as it existed prior to 1991.
(2) Subsection (2)(c)(V)(B) provided for the repeal of subsection (2)(c)(V), subsection (5)(b)
provided for the repeal of subsection (5), subsection (7)(b) provided for the repeal of subsection (7),
subsection (9)(b)(II) provided for the repeal of subsection (9)(b), and subsection (1 l)(b) provided for
the repeal of subsection (11), effective July 1, 1992. (See L. 91, p. 1032.)
ANNOTATION
Applied in State Hwy. Comm'n v. Haase, 189
Colo. 69, 537 P.2d 300 (1975).
43-1-113.5. Creation and administration of transportation infrastructure revolv-
ing fund. (1) There is hereby created in the state treasury the transportation infrastructure
revolving fund, referred to in this section as the "revolving fund", which shall be
maintained and administered by the executive director. The revolving fund shall consist of
federal, state, or private grants and all moneys that may be transferred or appropriated
thereto by the general assembly or that may otherwise be made available to the fund
pursuant to law. All interest or other return on the investment of moneys in the revolving
fund and all payments of principal and interest credited to the revolving fund as repayment
of loans and other financial assistance provided from the revolving fund pursuant to this
section shall be credited to the revolving fund. The state treasurer shall be authorized to
invest moneys in the revolving fund in such manner as allowed by law so long as such
moneys are not needed for the purpose of the revolving fund. Moneys in the revolving fund
are continuously appropriated to the department for the purposes set forth in this section.
Any moneys credited to the revolving fund shall remain in the revolving fund and shall not
revert to the general fund at the end of any given fiscal year.
(1.5) Notwithstanding any provision of subsection ( 1 ) of this section to the contrary, on
April 20, 2009, the state treasurer shall deduct three million dollars from the revolving fund
and transfer such sum to the general fund.
(2) The revolving fund shall include a highway account, a transit account, an aviation
account, and a rail account. The general assembly shall, by appropriation, determine how
state general fund moneys in the revolving fund shall be allocated to the highway account.
(3) The commission shall adopt rules in accordance with the "State Administrative
Procedure Act" regarding:
(a) The eligibility requirements for financial assistance from the revolving fund;
(b) The disbursement of revolving fund moneys;
(c) The interest rates to be charged on loans made from the revolving fund; and
(d) The repayment of loans made from the revolving fund.
(4) Subject to the provisions of section 1 8 of article X of the state constitution, moneys
in the revolving fund may be used for the following purposes:
(a) To provide assistance to public and private entities for the acquisition, improve-
ment, or construction of highways, multimodal transportation, and intermodal transporta-
tion facilities in the state. Such assistance includes, but is not limited to, the making of loans
and other forms of financial assistance for qualified projects.
(b) To pay the costs incurred by the state treasurer and the department in the perfor-
mance of duties pursuant to this section; and
(c) Any other purpose consistent with the provisions of this section.
(5) Except as otherwise provided in subsection (6) of this section, "qualified project"
means:
(a) Any public or private transportation project as authorized by the commission,
including, but not limited to, planning, environmental impact studies, feasibility studies,
engineering, construction, reconstruction, resurfacing, restoring, rehabilitation, or replace-
ment of a public or private transportation facility within the state;
Title 43 - page 23 General and Administrative 43-1-1 14
(b) The acquisition of real or personal property, or interests therein, for a public or
private transportation facility within the state;
(c) Any highway, transit, aviation, rail, or other transportation project within the state
that is eligible for financing or financial assistance under state or federal law;
(d) The maintenance, repair, improvement, or construction of any public or private
highway, road, street, parkway, transit, aviation, or rail project within the state; and
(e) The acquisition, improvement, or construction of rights-of-way, bridges, tunnels,
railroad-highway crossings, drainage structures, signs, guardrails, or protective structures
within this state.
(6) The term "qualified project" shall not include transportation facilities and other
transportation projects that are restricted to private use.
(7) In addition to requiring interest to be paid on loans made from the revolving fund,
the executive director may charge to and collect from public and private entities receiving
assistance from the revolving fund fees and charges sufficient to reimburse the department
for reasonable expenses incurred in processing and reviewing applications and in recom-
mending loans and financial assistance pursuant to the provisions of this section.
(8) (a) If a recipient of financial assistance from the revolving fund fails to meet any
of the terms or conditions of the loan or other form of assistance, the department may bring
a right of action through the state attorney general pursuant to section 43- 1- 1 12 against such
recipient in district court to seek any applicable legal or equitable remedy, including
reasonable attorneys fees.
(b) Except as otherwise provided in paragraph (c) of this subsection (8), in addition to
the remedies provided under paragraph (a) of this subsection (8), if the recipient is a
municipality or county and such recipient defaults on the repayment of any loan made from
the revolving fund, the department may withhold funds that it would otherwise disburse to
the recipient. In no event shall the amount withheld exceed the amount that a recipient owes
to the revolving fund. Funds withheld from a defaulting recipient shall be deposited in the
account of the revolving fund from which the recipient received financial assistance and
credited towards the amount due to such fund from the recipient.
(c) For purposes of paragraph (b) of this subsection (8), the department may only
withhold funds it would otherwise disburse to a municipality or county from the highway
users tax fund if such municipality or county defaults on the repayment of a loan made from
the revolving fund for the construction, maintenance, or supervision of a public highway in
this state.
Source: L. 98: Entire section added, p. 1099, § 20, effective June 1. L. 2009: (1.5)
added, (SB 09-208), ch. 149, p. 628, § 35, effective April 20.
Cross references: For the "State Administrative Procedure Act", see article 4 of title 24.
43-1-114. Highway operations and maintenance division - creation. (1) There is
hereby created a highway operations and maintenance division in the department of
transportation. The chief engineer shall appoint the necessary staff of the highway opera-
tions and maintenance division in accordance with the provisions of section 13 of article XII
of the state constitution.
(2) The highway operations and maintenance division and the office of chief engineer
shall exercise their powers and perform their duties and functions under the department of
transportation and the executive director as if the same were transferred to the department
by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of
1968", article 1 of tide 24, C.R.S.
(3) Whenever the chief engineer or the highway operations and maintenance division
is authorized to enter into contracts or agreements, such contracts or agreements shall be
executed in the name of the department of transportation, state of Colorado, by the chief
engineer, or his or her designee, whose signature shall be attested by the chief clerk of the
division. Whenever the chief engineer or the highway operations and maintenance division
is authorized to acquire or convey real or personal property, tide thereto shall be acquired
or conveyed in the name of the department of transportation, state of Colorado, and all such
43-1-115
Transportation
Title 43 - page 24
conveyances shall be executed by the chief engineer, or his or her designee, whose signature
shall be attested by the chief clerk of the division. All suits or proceedings brought by or
against the chief engineer or the highway operations and maintenance division shall be in
the name of the department of transportation, state of Colorado.
(4) It is the duty of the chief engineer in the administration of the highway operations
and maintenance division to organize the same that all employees of the division, so far as
possible, shall be interchangeable in work assignment so that they may be shifted within the
division to meet seasonal and emergency demands.
Source: L. 91: Entire part R&RE, p. 1039, § 1, effective July 1.
ANNOTATION
Law reviews. For comment on Johnson v.
McDonald, 97 Colo. 324, 49 P.2d 1017 (1935),
appearing below, see 8 Rocky Mt. L. Rev. 152
(1936).
Annotator's note. Since § 43-1-114 is sim-
ilar to § 43-1-102 as it existed prior to the 1991
repeal and reenactment of this part 1, relevant
cases construing those provisions and cases ma-
terial to this section decided prior to its earliest
source, § 120-2-2, CRS 53, have been included
in the annotations to this section.
Division cannot go beyond scope of its au-
thorization. The highway division (now the
highway operations and maintenance division),
as created, has only the powers conferred upon
it by law and cannot go beyond the scope of its
authorization in making a contract. Johnson v.
McDonald, 97 Colo. 324, 49 P.2d 1017 (1935).
No authority to sue. The highway division
(now the highway operations and maintenance
division) is nothing more than an agency of the
state and as to actions against it stands in the
state's shoes. Thus, no permission has ever been
granted to sue it. Mitchell v. Bd. of Comm'rs,
112 Colo. 582, 152 P.2d 601 (1944).
In the absence of bad faith or fraud, it is
the general rule that courts will not disturb
decisions or determinations by public author-
ities charged with the location or alignment of
highways or other public projects. Dallasta v.
Dept. of Hwys., 153 Colo. 519, 387 P.2d 25
(1963).
43-1-115. Transportation data collection. (1) The transportation development divi-
sion shall compile and maintain consistent information concerning the condition of the
streets, roads, highways, and other transportation systems of this state. Such information
shall be obtained from data available to the division, counties, and municipalities and shall
be obtained from the appropriate personnel of the transportation development division, the
governmental officials of any county or municipality in the state, or any other person
deemed appropriate by the transportation development division. The transportation devel-
opment division, after consultation with representatives of municipalities and counties, shall
establish and disseminate a uniform method of reporting such information.
(2) The information obtained pursuant to subsection ( 1) of this section shall be reported
annually in conjunction with the reports required to be submitted pursuant to sections
43-2-120 (5) and 43-2-132 (5).
Source: L. 91: Entire part R&RE, p. 1040, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-106.5 as it existed prior to 1991.
43-1-116. Engineering, design, and construction division - created - duties.
(1) There is hereby created, in the department of transportation, the engineering, design,
and construction division, the head of which shall be the chief engineer.
(2) The engineering, design, and construction division and the office of the chief
engineer shall exercise their powers and perform their duties and functions under the
department of transportation and the executive director as if the same were transferred to the
department by a type 2 transfer, as such transfer is defined in the "Administrative
Organization Act of 1968", article 1 of title 24, C.R.S.
(3) The engineering, design, and construction division shall be responsible for all
engineering, design, and construction operations of the department.
Source: L. 91: Entire part R&RE, p. 1041, § 1, effective July 1.
Title 43 - page 25 General and Administrative 43-1-1 17.5
43-1-117. Transportation development division - created - duties. (1) There is
hereby created, in the department of transportation, the transportation development divi-
sion, the head of which shall be the director of the transportation development division,
which office is hereby created.
(2) The transportation development division and the office of the director of such
division shall exercise their powers and perform their duties and functions under the
department of transportation and the executive director as if the same were transferred to the
department by a type .2 transfer, as such transfer is defined in the "Administrative
Organization Act of 1968", article 1 of title 24, C R.S.
(3) The transportation development division shall be responsible for the implementa-
tion of the provisions of part 11 of this article.
Source: L. 91: Entire part R&RE, p. 1041, § 1, effective July 1.
43-1-117 J. Transit and rail division - created - powers and duties. (1) There is
hereby created in the department of transportation the transit and rail division, the head of
which shall be the director of the transit and rail division, which office is hereby created.
(2) The transit and rail division and the office of the director of the division shall
exercise their powers and perform their duties and functions under the department and the
executive director as if the same were transferred to the department by a type 2 transfer, as
defined in section 24-1-105, C.R.S.
(3) (a) The transit and rail division shall be responsible for the planning, development,
operation, and integration of transit and rail, including, where appropriate, advanced
guideway systems, into the statewide transportation system; shall, in coordination with
other transit and rail providers, plan, promote, and implement investments in transit and rail
services statewide; and shall have the following specific powers and duties:
(I) To develop, in accordance with part 11 of this article and consistent with the
requirements of 23 U.S.C. sees. 134 and 135, a statewide transit and passenger rail plan that
shall be integrated by the department as an element of the statewide transportation plan. The
plan shall identify local, interregional, and statewide transit and passenger rail needs and
priorities.
(II) To promote, plan, design, build, finance, operate, maintain, and contract for transit
services, including, but not limited to, bus, passenger rail, and advanced guideway systems
services;
(III) To establish and modify fares and schedules for transit, passenger rail, and
advanced guideway services provided directly by the state or contracted for by the state;
(IV) To administer and expend state and federal funds that may be dedicated by law, by
appropriation by the general assembly, or by the commission for
(A) The construction, maintenance, and operation of interregional transit, advanced
guideway, and passenger rail services; and
(B) Transit projects including, but not limited to, facilities, equipment, services, and the
provision of grants to transit operators;
(V) To coordinate and negotiate with railroads regarding the siting of passenger rail
tracks and other facilities and the coordination of transit services;
(VI) To support the department in representing the state with respect to the develop-
ment of intercity rail facilities, including but not limited to submission of applications to the
United States department of transportation for approval and funding of high-speed rail
projects, commissioning of any necessary studies, and coordination with other states to
facilitate such applications; and
(VII) To coordinate and cooperate with regional transportation authorities created
pursuant to part 6 of article 4 of this title and other regional or comdor-specific entities
concerned with the planning, development, operation, and integration of transit, passenger
rail, or advanced guideway systems in the statewide transportation system.
(b) In exercising the powers and performing the duties set forth in paragraph (a) of this
subsection (3), the transit and rail division shall coordinate with the regional transportation
district created in article 9 of title 32, C.R.S., regional transportation authorities created
pursuant to part 6 of article 4 of this title, and other transit operators to ensure the efficient
43-1-118 Transportation Title 43 - page 26
provision of transit services. The authority given to the division pursuant to paragraph (a)
of this subsection (3) shall not be construed to limit or otherwise affect the powers of any
transit operator or other local governmental entity or to usurp or duplicate the existing
regulatory authority over railroads of the federal railroad administration, the federal surface
transportation board, or the public utilities commission.
Source: L. 2009: Entire section added, (SB 09-094), ch. 280, p. 1250, § 3, effective
May 20.
43-1-118. Employees - duties. All employees of the department not otherwise provided
for in this part 1 shall be employed and shall serve pursuant to the constitution and laws of
the state. They shall have such powers and shall perform such duties as may be assigned to
them by the chief engineer, by the executive director, or by the director of their respective
divisions.
Source: L. 91: Entire part R&RE, p. 1041, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-109 as it existed prior to 1991.
43-1-119. Applications for licenses- authority to suspend licenses- rules. (1) Ev-
ery application by an individual for a license issued by the department or any authorized
agent of the department shall require the applicant's name, address, and social security
number.
(2) The department or any authorized agent of the department shall deny, suspend, or
revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules
promulgated in furtherance thereof, if the department or agent thereof receives a notice to
deny, suspend, or revoke from the state child support enforcement agency because the
licensee or applicant is out of compliance with a court or administrative order for current
child support, child support debt, retroactive child support, child support arrearages, or child
support when combined with maintenance or because the licensee or applicant has failed to
comply with a properly issued subpoena or warrant relating to a paternity or child support
proceeding. Any such denial, suspension, or revocation shall be in accordance with the
procedures specified by rule of the department, rules promulgated by the state board of
human services, and any memorandum of understanding entered into between the depart-
ment or an authorized agent thereof and the state child support enforcement agency for the
implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department shall enter into a memorandum of understanding with the state
child support enforcement agency, which memorandum shall identify the relative respon-
sibilities of the department and the state child support enforcement agency in the depart-
ment of human services with respect to the implementation of this section and section
26-13-126, C.R.S.
(b) The appropriate rule-making body of the department is authorized to promulgate
rules to implement the provisions of this section.
(4) For purposes of this section, "license" means any recognition, authority, or
permission that the department or any authorized agent of such department is authorized by
law to issue for an individual to practice a profession or occupation or for an individual to
participate in any recreational activity. "License" may include, but is not necessarily
limited to, any license, certificate, certification, letter of authorization, or registration issued
for an individual to practice a profession or occupation or for an individual to participate in
any recreational activity.
Source: L. 97: Entire section added, p. 1311, § 48, effective July 1.
Cross references: For the legislative declaration contained in the 1997 act enacting this section, see
section 1 of chapter 236, Session Laws of Colorado 1997.
Title 43 - page 27 General and Administrative 43-1-122
43-1-120. Bicycle and pedestrian policy - codification - legislative declaration.
(1) The general assembly hereby finds and declares that:
, (a) It is in the best interest of all Coloradans to promote transportation mode choice by
enhancing safety and mobility for bicyclists and pedestrians on or along the state highway
system;
(b) The department has adopted a bike and pedestrian policy directive to further this
goal; and
(c) It is necessary and appropriate to elevate the status of the bike and pedestrian policy
of the department to that of law by codifying it in subsection (2) of this section.
(2) (a) The department and its subdivisions shall provide transportation infrastructure
that accommodates bicycle and pedestrian use of public streets in a manner that is safe and
reliable for all users of public streets.
(b) The needs of bicyclists and pedestrians shall be included in the planning, design,
and operation of transportation facilities as a matter of routine.
(c) Any decision of the department to not accommodate the needs of bicyclists and
pedestrians shall be documented based on exemption criteria that were established by the
commission before the decision was made.
Source: L. 2010: Entire section added, (HB 10-1147), ch. 422, p. 2185, § 2, effective
July 1.
43-1-121. Interstate 70 mountain corridor - recommendation regarding short-
term mobility solutions. ( 1 ) On or before December 20, 201 1 , the department shall make
prioritized recommendations to the transportation committees of the house of representa-
tives and the senate regarding actions mat can be taken on or before July 1, 2014, to
improve mobility in the interstate 70 mountain corridor. Each recommendation shall include
an estimate of the amount of funding required to implement the recommendation and shall
recommend available or potentially available sources of such funding. In developing its
recommendations, the department shall consider operational and safety improvement
options, transit options, and traffic demand management options and shall investigate the
feasibility of nongovernmental actions that might improve mobility in the corridor.
(2) The department shall consult with interested local governments and business
entities that are located within the interstate 70 mountain corridor or that have governmental
or business interests that are likely to be substantially affected by any actions taken to
improve mobility in the corridor and shall take such consultation into account when
developing the recommendations required by subsection (1) of this section. The department
may also hold public hearings at which interested members of the public may propose
actions to improve mobility in the corridor or comment on any such actions proposed by
others.
Source: L. 2011: Entire section added, (HB 11-1210), ch. 82, p. 221, § 1, effective
August 10.
43-1-122. Removal of graffiti from departmental facilities - memorandums of
understanding. (1) The department may, at its discretion, enter into a memorandum of
understanding with any city, county, city and county, or other municipality of the state to
allow the city, county, city and county, or other municipality to remove graffiti as needed
from departmental property located within the city, county, city and county, or other
municipality.
(2) A memorandum of understanding entered into by the department pursuant to
subsection (1) of this section shall state that if the city, county, city and county, or other
municipality chooses to remove graffiti from a departmental facility, the city, county, city
and county, or other municipality shall do so at its own expense.
Source: L. 2011: Entire section added, (SB 11-256), ch. 254, p. 1101, § 4, effective
August 10.
43-1-201
Transportation
PART 2
THE HIGHWAY LAW
Title 43 - page 28
43-1-201. Short title. This part 2 shall be known and may be cited as the "Highway
Law", and references to "this part 2" shall be understood to mean the highway law,
including all its provisions.
Source: L. 21: p. 362, § 1. C.L. § 1385. CSA: C. 143, § 92. CRS 53: § 120-3-1.
C.R.S. 1SHB: § 120-3-1.
43-1-202. Public highways or roads. All roads and highways which are, on May 4,
1921, by law open to public traffic shall be public highways within the meaning of this part
2.
Source: L. 21: p. 362, § 2. C.L. § 1386. CSA: C. 143, § 93. L. 45: Ex. Sess., p. 41,
§ 1. CRS 53: § 120-3-2. C.R.S. 1963: § 120-3-2.
ANNOTATION
Finding that roadway is public not errone-
Where evidence discloses that a roadway
across lands has been used by a plaintiff as a
public roadway for more than 40 years, a finding
and judgment under this section and § 43-2-201
that a public road has been established is not
erroneous. Brown v. Jolley, 153 Colo. 530, 387
P.2d 278 (1963).
Use is requisite element in making highway
public The United States statute granting land
to this state is an express dedication of a right-
of-way for roads over unappropriated govern-
ment lands, acceptance of which by the public
results from use by those for whom it was
necessary or convenient. User is the requisite
element, and it may be by any who have occa-
sion to travel over public lands, and if the use be
by only one, still it suffices. Martino v. Bd. of
County Comm'rs, 146 Colo. 143, 360 P.2d 804
(1961).
Highways constructed by the United States
Forest Service are public highways within the
meaning of this section. People ex rel. Metzger
v. Watrous, 121 Colo. 282, 215 P.2d 344 (1950).
43-1-202.5. Public rights in roads - transfer of right-of-way. (1) If any road has
been established by law, the transfer of all or any part of the property upon which such road
is constructed to any party, including, but not limited to, any government agency, shall not
act to vacate such road. No such transfer shall act to diminish the rights of any person in
such a road.
(2) If any public rights have been established by law in a road that provides access to
any parcel of land, such rights may be transferred when such parcel of land is transferred.
Source: L. 93: Entire section added, p. 615, § 1, effective April 30.
ANNOTATION
This section cannot be construed to mean
that an abutting landowner has a title interest
in any public road such that they can main-
tain an action under the federal Quiet Title
Act Staley v. United States, 168 F. Supp. 2d
1209 (D. Colo. 2001).
43-1-202.7. Recording of documents vacating or abandoning a roadway. If any
roadway is vacated or abandoned by the state, by a county, or by a municipality, the
documents vacating or abandoning such roadway, including but not necessarily limited to
any resolution, ordinance, deed, conveyance document, plat, or survey, shall be recorded in
the office of the clerk and recorder of the county in which such roadway is located.
Source: L. 93: Entire section added, p. 615, § 1, effective April 30.
Title 43 - page 29 General and Administrative 43-1-207
43-1-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Highway" includes bridges on the roadway and culverts, sluices, drains, ditches,
waterways, embankments, retaining walls, trees, shrubs, and fences along or upon the same
and within the right-of-way, and any subsurface support acquired in accordance with section
43-1-209.
Source: L. 21: p. 362, § 3. C.L. § 1387. CSA: C. 143, § 94. CRS 53: § 120-3-3.
C.R.S. 1963: § 120-3-3. L. 2008: (1) amended, p. 627, § 2, effective August 5.
ANNOTATION
The definition under this section is broad highway. Lewis v. Lorenz, 144 Colo. 23, 354
enough to include a borrow pit as a part of the P.2d 1008 (1960).
43-1-204. State highway. A "state highway'* within the meaning of this part 2 is a
right-of-way or location, whether actually used as a highway or not, designated for the
construction of a state highway upon it.
Source: L. 21: p. 363, § 4. CX. § 1388. CSA: C. 143, § 95. CRS 53: § 120-3-4.
C.R.S. 1963: § 120-3-4.
43-1-205. Offices. The office of state planning and budgeting shall provide for the
department of transportation suitable offices in the capitol or other state building at Denver
at such rent and telephone or other expenses as are just and reasonable. Moneys for the
payment of such rent and telephone or other expenses shall be paid from the department of
transportation funds. In addition to the offices maintained in Denver, the department of
transportation may maintain at its expense such additional offices in other towns or cities
of the state as it may find necessary for the prosecution of its work.
Source: L. 21: p. 363, § 8. C.L. § 1392. CSA: C. 143, § 99. L. 41: p. 658, § 1.
CRS 53: § 120-3-5. C.R.S. 1963: § 120-3-5. L. 75: Entire section amended, p. 822,
§ 19, effective July 18. L. 91: Entire section amended, p. 1091, § 105, effective July 1.
43-1-206. Attorney general legal advisor. (Repealed)
Source: L. 21: p. 369, § 16. C.L. § 1400. CSA: C. 143, § 107. CRS 53: § 120-3-6.
C.R.S. 1963: § 120-3-6. L. 79: Entire section repealed, p. 1590, § 2, effective February
22.
43-1-207. Petition for acceptance of road as state highway. If a board of county
commissioners desires to have the transportation commission accept as a state highway any
section of road in the county, the board of county commissioners by resolution may so
request the commission, and the chief engineer shall then examine the section of road
referred to and report to the commission as to whether it is of such construction and in such
state of repair as will make it proper to accept it as a state highway. The commission in its
discretion may accept such section as a state highway.
Source: L. 21: p. 370, § 19. C.L. § 1403. CSA: C. 143, § 110. CRS 53: § 120-3-7.
C.R.S. 1963: § 120-3-7. L. 91: Entire section amended, p. 1091, § 106, effective July 1.
43-1-207.5
Transportation
Title 43 - page 30
43-1-207.5. Colorado scenic byway program - criteria for designation - notice and
hearing. (Repealed)
Source: L. 93: Entire section added, p. 1485, § 1, effective June 6.
Editor's note: Subsection (9) provided for the repeal of this section, effective May 15, 1995. (See
L. 93, p. 1485.)
43-1-208. State highway - damages - eminent domain. (1) The chief engineer,
when he deems it desirable to establish, open, relocate, widen, add mass transit to, or
otherwise alter a portion of a state highway or when so required by the commission, shall
make a written report to the commission describing the portion of the highway to be
established, opened, added to, or changed and the portions of land of each landowner to be
taken for the purpose and shall accompany his report with a map showing the present and
proposed boundaries of the portion of the highway to be established, opened, added to, or
changed, together with an estimate of the damages and benefits accruing to each landowner
whose land may be affected thereby.
(2) If, upon receipt of such report, the commission decides that public interest or
convenience will be served by the proposed change, it shall enter a resolution upon its
minutes approving the same and authorizing the chief engineer to tender each landowner the
amount of damages, as estimated by him and approved by the commission. In estimating the
amount of damages to be tendered a landowner, due account shall be taken of any benefits
which will accrue to such landowner by the proposed action. The amount of benefit shall
not in any case exceed the amount of damages awarded.
(3) Any person owning land or having an interest in any land over which any proposed
state highway extends who is of the opinion that the tender made to him by the transpor-
tation commission is inadequate, personally or by agent or attorney on or before ten days
from the date of such tender, may file a written request addressed to the transportation
commission for a jury to ascertain the compensation which he may be entitled to by reason
of damages sustained by altering, widening, changing, or laying out such state highway.
Thereupon the transportation commission shall proceed in the acquisition of such premises,
under articles 1 to 7 of title 38, C.R.S. The transportation commission also has die power
and is authorized to proceed in the acquisition of the lands of private persons for state
highway purposes, according to said articles 1 to 7 of title 38, C.R.S., without tender or
other proceedings under this part 2.
(4) Notwithstanding any other provision of this section, the commission may not
acquire through condemnation any interest in oil, natural gas, or other mineral resources
beneath land acquired as authorized by this section except to the extent required for
subsurface support.
Source: L. 21: p. 370, § 20. CX. § 1404. CSA: C. 143, § 111. CRS 53: § 120-3-8.
C.R.S. 1963: § 120-3-8. L. 91: (3) amended, p. 1091, § 107, effective July 1. L. 2008:
(1) amended and (4) added, p. 628, § 3, effective August 5.
ANNOTATION
Law reviews. For article, "Mineral Owner-
ship Under Highways, Streets, Alleys and
Ditches", see 17 Colo. Law. 43 (1988).
Where the state highway department paid
into court the amount of an award in con-
demnation proceedings, it discharged its ob-
ligation and was relieved of further responsibil-
ity for an unpaid city tax lien assessed for the
creation of a local public improvement district.
Southworth v. Dept. of Hwys., 176 Colo. 82,
489 P.2d 204 (1971).
Remedy for unlawful taking is against state
officer. There is a remedy for an unauthorized
and unlawful taking or injury of private land for
public use without compensation by a state
agency. The remedy is against the state officer,
individually, to prevent his unlawful act or for
appropriate redress if it has been consummated.
People ex rel. Watrous v. District Court of
United States, 207 F.2d 50 (10th Cir. 1953).
Where the relief sought cannot be granted
by preventive action against the state officer
Title 43 -page 31
General and Administrative
43-1-209
and will require affirmative sovereign action
by the state, the suit is one against the state.
People ex rel. Watrous v. District Court of
United States, 207 F.2d 50 (10th Cir. 1953).
Neither section 15 of art n, Colo. Const,
nor this section constitutes a consent by the
state to be sued for the liability imposed by the
constitutional provision for the taking or injury
of private property for public use. People ex rel.
Watrous v. District Court of United States, 207
F.2d 50 (10th Cir. 1953).
The power of eminent domain is an attri-
bute of sovereignty, conditioned by the re-
quirement that just compensation be paid for
the taking. People ex rel. Watrous v. District
Court of United States, 207 F.2d 50 (10th Cir.
1953).
The only authority of the highway commis-
sion to sue is conferred by mis section and
limited solely to proceedings in eminent do-
main. Mitchell v. Bd. of Comm'rs, 112 Colo.
582, 152P.2d601 (1944).
This section and section 43-1-217 are valid
statutory authority under which the state
highway commission may lawfully condemn
public or private property within a munici-
pality for the purpose of continuing state high-
ways into or through such city or town. Town of
Greenwood Vill. v. District Court, 138 Colo.
283, 332 P.2d 210 (1958).
The statutes do not require the consent or
agreement of a municipality as a condition
precedent to the exercise of the power of emi-
nent domain. Town of Greenwood Vill. v. Dis-
trict Court, 138 Colo. 283, 332 P.2d 210 (1958).
Section 43-2-135(1)0), authorizing resort
to agreement concerning the acquisition of
property between a municipality and the state
highway department, is an optional method and
permissible as a substitute for proceedings in
condemnation, consent of a municipality is not a
prerequisite to condemnation of private property
within its corporate limits, nor public property
already in use for street purposes, the fee title to
which lies in a town. Town of Greenwood Vill.
v. District Court, 138 Colo. 283, 332 P.2d 210
(1958).
Section does not authorize condemnation
of a private way of necessity for property that
is not connected with highway alteration but
which is deemed necessary to fulfill contractual
obligation. Dept. of Hwys. v. Denver & Rio
Grande W.R., 757 P.2d 181 (Colo. App. 1988),
afiPd on other grounds, 789 P.2d 1088 (Colo.
1990).
The eminent domain powers granted pur-
suant to subsection (3), authorizing the trans-
portation commission to acquire the lands of
private persons "for state highway pur-
poses", include the authority to condemn lands
adjacent to a state highway for construction of a
parking and transit facility that is an integral part
of a broader state highway improvement project.
Dept. of Transp. v. Stapleton, 97 P.3d 938 (Colo.
2004).
The legislature intended the Colorado depart-
ment of transportation (CDOT) to have the au-
thority to condemn those properties that are
necessary to effectively complete state highway
improvements. Dept of Transp. v. Stapleton, 97
P.3d 938 (Colo. 2004).
In authorizing CDOT to condemn lands
needed for "state highway purposes", the gen-
eral assembly intended that CDOT would have
the implied authority to condemn lands for uses
bearing a "sufficiently direct functional relation-
ship** to a state highway project Dept. of
Transp. v. Stapleton, 97 P.3d 938 (Colo. 2004).
CDOT has implied statutory authority to con-
demn lands needed for construction of a parking
and transit facility bearing a direct and func-
tional relationship to the state highway improve-
ment project. Dept. of Transp. v. Stapleton, 97
P.3d 938 (Colo. 2004).
As a result of the 2008 legislative expansion
of this section, subsection (4) prohibits the
transportation commission from acquiring
through condemnation a right to any mineral
resource beneath land itself acquired through
condemnation for highway purposes except to
the extent required for subsurface support. Prior
to that expansion, subsection (4) did not prohibit
such acquisition. Dept. of Transp. v. Gypsum
Ranch Co., 244 P.3d 127 (Colo. 2010).
43-1-209. Subsurface support deemed acquired. Whenever real property is acquired
for road, highway, or mass transit purposes, whether such acquisition is by purchase, lease,
or other means or by eminent domain, the right to subsurface support of such real property
is deemed to be acquired therewith; except that no right to oil, natural gas, or other mineral
resources beneath such real property shall be acquired by a governmental entity through
condemnation unless the acquiring authority determines that such acquisition is required for
subsurface support. In the event the acquiring authority determines that public convenience,
necessity, and safety do not require such subsurface support or determines that only a part
of such subsurface support is required for public convenience, necessity, and safety, such
acquiring authority may specifically exclude such subsurface support, either in whole or in
part, in such acquisition in accordance with said determination.
Source: L. 53: p. 511, § 1. CRS 53: § 120-3-9. CR£. 1963: § 120-3-9. L. 2008:
Entire section amended, p. 628, § 4, effective August 5.
43-1-210 Transportation Title 43 - page 32
43-1-210. Acquisition and disposition of property - department of transportation
renovation fund - repeal. (1) Whenever a part of a parcel of land is to be taken for state
highway purposes and the remainder is to be left in such shape or condition as to be of little
value to its owner or to give rise to claims or litigation concerning severance or other
damage, the department of transportation may acquire by purchase or condemnation the
whole parcel; except that the owner of said parcel may, at his option, retain the mineral or
gravel interests therein, subject to the right to subsurface support retained by the department
of transportation pursuant to section 43-1-209. The owner who retains said mineral or
gravel interests shall not disturb the surface of the acquired parcel The department of
transportation may sell or lease the remainder of said parcel or may exchange the same for
other property needed for state highway purposes.
(2) The department of transportation may acquire by purchase, exchange, or condem-
nation excess right-of-way whenever in the opinion of the chief engineer public interest,
safety, or convenience will be served by acquiring such excess. In connection with the
construction, maintenance, and supervision of the public highways of this state, the
department of transportation may also acquire by purchase, exchange, or condemnation
strips or parcels of land, or interests therein, adjacent to federal-aid highways necessary for
the restoration, preservation, and enhancement of scenic beauty and for the development of
rest, recreation, and sanitary areas; but no state funds shall be expended to acquire said
strips or parcels of land, or interests therein, necessary for the restoration, preservation, and
enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas
unless the acquisition and development of land for such purposes is approved by the
secretary of transportation to make the state eligible for reimbursement from federal funds.
(3) The department of transportation has the authority to acquire by purchase, ex-
change, or condemnation rights-of-way for future needs for which rights-of-way have been
identified in the current five-year highway program of projects and to lease any lands which
are held for state highway purposes and are not presently needed therefor on such terms and
conditions as the chief engineer, with the approval of the governor, may fix. When any
right-of-way is to be acquired for future needs pursuant to this subsection (3), the
department of transportation may obtain possession of such right-of-way pursuant to section
38-1-105 (6) (a), C.R.S., even though construction funds are not available at the time of
acquisition, following the approval of an environmental assessment.
(4) All moneys received from sale or rent of lands shall be deposited with the state
treasurer to the credit of the state highway fund.
(5) (a) (I) The department of transportation is authorized subject to approving reso-
lution of the transportation commission, to dispose of any property or interest therein in the
manner specified in this section which, in the opinion of the chief engineer, is no longer
needed for transportation purposes. Subject to the provisions of this section, any sale or
exchange of such property or interest shall be upon the terms and conditions as the
commission and chief engineer, with the approval of the governor, may fix. Title to such
property shall be transferred by appropriate instruments of conveyance, without warranties,
and any moneys received shall be deposited with the state treasurer to the credit of the state
highway supplementary fund.
(II) Prior to the disposal of any property or interest therein that the department
determines has an approximate value of five thousand dollars or more, the department shall
obtain an appraisal from an appraiser, who is certified as a general appraiser under section
12-61-706, C.R.S., to determine the fair market value of such property or interest.
(HI) If the department determines that the property or interest therein is of use only to
one abutting owner or, in the case of an easement, to the underlying fee owner, the abutting
owner or underlying fee owner shall have first right of refusal to purchase or exchange the
property or interest therein upon which disposition is being made at the fair market value.
(IV) (A) If the abutting owner or underlying fee owner refuses to exercise the first right
of refusal to purchase or exchange the property or interest therein under subparagraph (HI)
of this paragraph (a) or if the department determines that such property or interest is of use
to more than one owner or potential owner, any political subdivision of this state including
but not limited to any state agency, city or town, or county located within the boundaries
Title 43 - page 33 General and Administrative 43-1-210
of the property or interest therein shall have first right of refusal to purchase or exchange
such property or interest at the fair market value.
(B) If no political subdivision exercises its right of first refusal to purchase or exchange
the property or interest therein pursuant to sub-subparagraph (A) of this subparagraph (IV),
the department shall dispose of such property or interest by means of a sale or exchange for
not less than its fair market value.
(V) For property or interest therein subject to disposition that the department deter-
mines has an approximate value of less than five thousand dollars, the department shall
dispose of such property or interest by means of a sale or exchange at not less than its fair
market value in the manner set forth in this subsection (5); except that the department may
employ a right-of-way acquisition agent as specified in section 12-61-702 (5), C.R.S.* to
provide an estimate of the fair market value of such property or interest and to determine
to whom such property or interest is of use.
(b) (Deleted by amendment, L. 96, p. 1453, § 1, effective June 1, 1996.)
(c) If the department is not able to dispose of the property or interest therein by means
of a sale or exchange following a diligent effort for a five-year period, the department shall
vacate such property or interest and title to such property or interest shall vest in accordance
with the provisions of part 3 of article 2 of this title.
(d) As used in this subsection (5), "exchange" means the transferring of property,
including improvements, water rights, land, or interests in land or water rights, by the
department to another person in consideration for the transfer to the department of other
property, including improvements, water rights, land, or interests in land or water rights,
cash, or services or other consideration thereof; except that any cash or services received
may not exceed fifty percent of the total value of the consideration. A transaction otherwise
qualifying as an exchange shall not be deemed a sale merely because dollar values have
been assigned to any property, including improvements, water rights, land, or interests in
land or water rights, for the purpose of ensuring that the department will receive adequate
compensation.
(6) Repealed.
(7) (a) The department of transportation renovation fund is hereby recreated in the
state treasury and referred to in this subsection (7) as the "fund". The fund consists of (he
balance of moneys that were remaining in the fund on July 1, 2007, at which time the fund
was repealed. The moneys in the fund are continuously appropriated to the department to
pay for the renovation of property of the department and to make payments under any
lease-purchase agreement authorized pursuant to House Bill 04-1456, enacted in 2004. Any
moneys in the fund not expended may be invested by the state treasurer as provided by law.
All interest and income in the fund are credited to the fund. Any unexpended and
unencumbered moneys remaining in the fund shall remain in the fund at the end of a fiscal
year and shall not be credited or transferred to the general fund or any other fund.
(b) This subsection (7) is repealed, effective July 1, 2015.
Source: L. 45: p. 559, §§ 1-4. CSA: C. 143, § 112(1). CRS 53: § 120-3-10.
C.R.S. 1963: § 120-3-10. L. 65: p. 955, § 1. L. 66: p. 178, § 1. L. 73: p. 1234, § 1.
L. 85: (1) and (2) amended, p. 1195, § 7, effective June 6; (5)(a) amended, p. 1337, § 1,
effective July 1. L. 87: (2), (3), (5)(a), and (5Xb) amended, p. 1549, § 1, effective April 16.
L. 91: (1), (2), (3), and (5) amended, p. 1092, § 108, effective July 1; (3) amended, p.
1016, § 1, effective July 1. L. 96: (5) amended, p. 1453, § 1, effective June 1. L. 98: (2)
amended, p. 1097, § 13, effective June 1. L. 2004: (6) added, p. 1560, § 1, effective May
28. L. 2012: (7) added, (HB 12-1222), ch. 81, p. 270, § 1, effective April 6.
Editor's note: (1) Amendments to subsection (3) by Senate Bill 91-20 and House Bill 91-1198
were harmonized.
(2) Subsection (6)(d) provided for the repeal of subsection (6), effective July 1, 2007. (See L.
2004, p. 1560.)
43-1-210.5 Transportation Title 43 - page 34
ANNOTATION
Law reviews. For article, "Recent Develop- has been a partial acquisition of the property and
ments in Colorado Eminent Domain", see 27 a remainder parcel is left. Dept. of Transp. v.
Rocky Mt. L. Rev. 23 (1954). For article, "See- Stapleton, 80 P.3d 1105 (Colo. App. 2003),
nic Easements in the Highway Beautification rev'd on other grounds, 97 P.3d 938 (Colo.
Program", see 45 Den. L.J. 168 (1968). 2004).
Section does not apply to total acquisition
of property; rather, it only applies where there
43-1-210.5. Rights-of-way use by adjacent landowners. (1) The general assembly
hereby finds and declares that the department of transportation controls the use of thousands
of acres of rights-of-way in Colorado for highway purposes. The general assembly further
finds that, although the primary use of such rights-of-way is for highways, certain
rights-of-way could also be used for productive agricultural purposes without reducing the
suitability or safety of such rights-of-way for highway purposes and for authorized utility
accommodations. '
(2) The department of transportation may issue permits to persons who own land
adjacent to state highway rights-of-way so that such persons may use such rights-of-way for
agricultural purposes. The executive director of the department of transportation, or the
director's designee, shall promulgate rules and regulations which describe the terms,
conditions, and purposes of such permits. Included in such regulations shall be a definition
of adjacent landowner, a description of the types of agricultural uses allowed, the procedure
which shall be used to obtain a permit, and any insurance requirements which the executive
director finds appropriate. In no event shall a right-of-way permit be entered into which, in
the judgment of the department, would not be in the best interests of the state or would be
detrimental to the public health, safety, or welfare or in conflict with any applicable federal,
state, or local law or for any agricultural purpose which involves irrigation. No right-of-way
permit shall authorize the use for agricultural purposes of any median separating traffic
lanes on a state highway, or where ownership of the right-of-way is not of public record.
(3) The department of transportation may charge reasonable and necessary fees for the
application and approval of any permits authorized by this section.
(4) Prior to obtaining a permit from the department of transportation, the permittee shall
show proof of insurance in the amount required by the department. The department of
transportation shall not be liable for any property damage or injury which may result from
the permitting of right-of-way as provided for in this section.
Source: L. 91: Entire section added, p. 1137, § 1, effective July 1.
43-1-211. Department to acquire land - buildings. For the purpose of constructing,
maintaining, and supervising the public highways of this state, the department of transpor-
tation is authorized to purchase land and cause to be erected thereon by a nonprofit
corporation or authority buildings suitable for offices or for housing machines, tools, and
equipment, or for both of such purposes.
Source: L. 51: p. 733, § 1. CSA: C. 143, § 175. CRS 53: § 120-3-11. C.R.S. 1963:
§ 120-3-11. L. 91: Entire section amended, p. 1093, § 109, effective July 1.
43-1-212. Department - rental agreements. The department of transportation is
authorized to enter into rental or leasehold agreements under which the department shall
acquire title to such buildings within a period not exceeding thirty years upon payment of
the stipulated aggregate annual rentals. The plans, specifications, bids, and contracts for
such buildings and the terms of all such rental or leasehold agreements shall be approved
by the governor, the chief engineer, a majority of the members of the commission, and the
director of the office of state planning and budgeting. The rentals shall be paid solely out
of the state highway fund, and the obligation to pay such rentals shall not constitute an
indebtedness of the state or be paid out of any other fund. Such rental shall be included in
Title 43 - page 35 General and Administrative 43-1-217
the annual budgets of the department and shall be certified, audited, and paid in the same
manner as all other accounts and expenditures payable out of said state highway fund.
Source: L. 51: p. 733, § 2. CSA: C. 143, § 176. CRS 53: § 120-3-12. C.R.S. 1963:
§ 120-3-12. L. 75: Entire section amended, p. 822, § 20, effective July 18. L. 83: Entire
section amended, p. 970, § 25, effective July 1, 1984. L. 91: Entire section amended, p.
1093, § 110, effective July 1.
43-1-213. Fees and taxes - not reduced. The excise fees and taxes payable into the
state highway fund shall never be reduced to the extent that amounts payable into such fund
are insufficient to comply with the terms of any rental or leasehold agreement entered into
pursuant to this part 2.
Source: L. 51: p. 734, § 3. CSA: C. 143, § 177. CRS 53: § 120-3-13. C.RJS. 1963:
§ 120-3-13.
43-1-214. Property exempt from taxation. Property acquired or occupied pursuant to
this part 2 shall be exempt from taxation so long as it is used for state highway or other
public purposes.
Source: L. 51: p. 734, § 4. CSA: C. 143, § 178. CRS 53: § 12<M-14. CJLS. 1963:
§ 120-3-14.
43-1-215. Agreements enforceable. Purchase or leasehold agreements entered into by
the department of transportation pursuant to this part 2 shall be enforceable in any court of
competent jurisdiction.
Source: L. 51: p. 734, § 5. CSA: C. 143, § 179. CRS 53: § 120-3-15. C.R£. 1963:
§ 120-3-15. L. 91: Entire section amended, p. 1094, § 111, effective July 1.
43-1-216. Notices and tenders by mail. All notices to landowners referred to in this
part 2 may be given by mailing the same to such landowners. All tenders of payment of
damages to landowners referred to in this part 2 may be made by mailing to each landowner
to whom such tender is to be made a written or printed statement reciting the action of the
chief engineer and of the commission relating to the award of damages to such landowner,
specifying the amount of damages awarded to him, and stating where and by whom
payment of the sum so awarded will be made upon demand of such landowner. Depositing
in the general post office in the city of Denver or at the county seat of the county in which
the land in controversy is located a written or printed copy of any notice referred to in this
section, or any statement tendering payment of damages, signed by the proper officer,
enclosed in a sealed envelope with proper postage prepaid, and properly addressed to the
landowner at his last known place of residence or address, is sufficient mailing of the same
for the purpose of this part 2.
Source: L. 21: p. 372, § 22. C.L. § 1406. CSA: C. 143, § 113. CRS 53: § 120-3-16.
C.R.S. 1963: § 120-3-16.
43-1-217. Inclusion of streets in highways. (1) For all of the purposes of this part 2
and, with respect to state highways, for all the purposes of part 1 of article 3 of this title,
state highways or county highways may be designated, established, and constructed in, into,
or through cities and counties, cities, or towns when such highways form necessary or
convenient connecting links for carrying state highways or county highways into or through
such cities and counties, cities, or towns, and for such purposes the department of
transportation and the boards of county commissioners of the several counties may
condemn or otherwise acquire rights-of-way and access rights.
43-1-217
Transportation
Title 43 - page 36
(2) Each county highway in a city or town shall be maintained by such city or town.
Each state highway in a city and county, city, or town shall be maintained by the department
of transportation. By agreement between any such city and county, city, or town, and the
chief engineer with respect to a state highway or the board of county commissioners with
respect to a county highway, the department of transportation or the board of county
commissioners, as the case may be, may agree to perform or pay for all or a part of the
maintenance of such state or county highway in such city and county, city, or town.
Source: L. 21: p. 373, § 23. C.L. § 1407. CSA: C. 143, § 114. L. 45, 1st Ex. Sess.
p. 41, § 2. L. 47: p. 764, § 1. CRS 53: § 120-3-17. C.R.S. 1963: § 120-3-17. L. 67: p.
85, § 1. L. 91: Entire section amended, p. 1094, § 112, effective July 1.
Cross references: For provisions similar to those in subsection (2) of this section, see §§ 43-2-103
and 43-2-104.
ANNOTATION
I. General Consideration,
n. Condemnation.
m. Maintenance.
L GENERAL CONSIDERATION.
Law reviews. For article, "One Year Review
of Real Property", see 36 Dicta 57 (1959).
Section is constitutional. This section does
not offend against § 25 of art. V, § 7 of art. X,
Colo. Const., or the due process clause thereof,
or the due process clause of the constitution of
the United States. Town of Greenwood Vlll. v.
District Court, 138 Colo. 283, 332 P.2d 210
(1958).
Since section is statewide and general in
scope, and not specifically designed or intended
for local application, it does not offend against
§ 25 of art. V, Colo. Const., prohibiting local or
special laws. Town of Greenwood Vill. v. Dis-
trict Court, 138 Colo. 283, 332 P.2d 210 (1958).
Section cannot be said to be a special law
within the coverage of § 7 of art. X, Colo.
Const. Town of Greenwood Vill. v. District
Court, 138 Colo. 283, 332 P.2d 210 (1958).
IL CONDEMNATION.
State department of highways may law-
fully condemn within municipality. This sec-
tion and § 43-1-208 are valid statutory authority
under which the state department of highways
may lawfully condemn public or private prop-
erty within a municipality for the purpose of
continuing state highways into or through such
city or town. Town of Greenwood Mil. v. Dis-
trict Court, 138 Colo. 283, 332 P.2d 210 (1958).
Without consent of municipality. The state
and county, or either of them, can take and
condemn private and public properties, located
within a municipality, for highway purposes
without the consent or agreement of the munic-
ipality wherein such properties are located.
Town of Greenwood Vill. v. District Court, 138
Colo. 283, 332 P.2d 210 (1958).
In the absence of a showing of bad faith on
the part of the agency acquiring property for
highway purposes, the determination of the
administrative body as to the necessity for the
particular acquisition will not be disturbed by
the courts. Welch v. City & County of Denver,
141 Colo. 587, 349 P.2d 352 (1960).
m. MAINTENANCE.
There is no longer any duty upon a town to
maintain a state highway within the munici-
pality. Town of Greenwood Vill. v. District
Court, 138 Colo. 283, 332 P.2d 210 (1958).
Section 43-2-103 supersedes this section.
That portion of this section which reads, each
state and county highway in a city and county,
city, or town shall be maintained by such city
and county, city, or town, has been superseded
by the subsequently enacted provision contained
in § 43-2-103, which reads in part that in all
cases where any part of the state highway sys-
tem extends into or through a city or incorpo-
rated town, the construction and maintenance of
such systems shall remain the obligation of the
department of highways. Town of Greenwood
Vlll. v. District Court, 138 Colo. 283, 332 P.2d
210 (1958).
Imposing maintenance standards not lay-
ing a tax. Where the general assembly defines
certain duties and obligations to be performed
by counties, cities, and towns, it cannot be said
that a statute, enacted by the assembly prescrib-
ing minimum standards and imposing the re-
sponsibility of maintaining such standards on
local communities, constitutes the laying of a
tax. Town of Greenwood Vill. v. District Court,
138 Colo. 283, 332 P.2d 210 (1958).
Title 43 - page 37 General and Administrative 43-1-220
43-1-218. State and school lands. The provisions of this part 2 shall apply to state
lands and school lands as well as other lands.
Source: L. 21: p. 373, § 24. C.L. § 1408. CSA: C. 143, § 115. CRS 53: § 120-3-18.
C.R.S. 1963: § 120-3-18.
ANNOTATION
Applied in Martino v. Bd of County
Comm'rs, 146 Colo. 143, 360 P.2d 804 (1961).
43-1-219. Funds created. There are hereby created two separate funds, one to be
known as the state highway fund and the other to be known as the state highway
supplementary fund. All moneys paid into either of said funds shall be available immedi-
ately, without further appropriation, for the purposes of such fund as provided by law. Any
sums paid into the state treasury, which by law belong to the state highway fund or to the
state highway supplementary fund, shall be immediately placed by the state treasurer to the
credit of the appropriate fund. Upon request of the commission or of the chief engineer, it
is the duty of the state treasurer to report to the commission or to the chief engineer the
amount of money on hand in each of said two funds and the amounts derived from each
source from which each such fund is accumulated. All accounts and expenditures from each
of said two funds shall be certified by the chief engineer and paid by the state treasurer upon
warrants drawn by the controller. The controller is authorized as directed to draw warrants
payable out of the specified fund upon such vouchers properly certified and audited.
Nothing in this part 2 shall operate to alter the manner of the execution and issuance of
transportation revenue anticipation notes provided in part 7 of article 4 of this title.
Source: L. 21: p. 373, § 25. C.L. § 1409. L. 35: p. 463, §2. CSA: C. 143, § 116.
CRS 53: § 120-3-19. C.R.S. 1963: § 120-3-19. L. 99: Entire section amended, p. 1119,
§ 4, effective June 2. L. 2005: Entire section amended, p. 290, § 44, effective August 8.
Cross references: For the transfer to the state highway supplementary fund of moneys paid to the
department of transportation for expenses incurred in conducting the closure of highways for athletic
or special events, see § 24-33.5-226 (3)(d).
43-1-220. Sources of funds - assumption of obligations. (1) All receipts from the
following sources shall be paid into and credited to the state highway fund as soon as
received from:
(a) Such appropriation as may, from time to time, be made by law to the state highway
fund from excise tax revenues;
(b) All revenue accruing to the state highway fund under the provisions of law, by way
of excise taxation from the imposition of any license, registration fee, or other charge with
respect to the operation of any motor vehicle upon any public highways in this state, and
the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel.
(c) Repealed.
(2) All receipts from the following sources shall be paid into and credited to the state
highway supplementary fund as soon as received from:
(a) Such appropriations as may, from time to time, be made by law to the state highway
supplementary fund;
(b) All receipts from the sale of bonds that may be authorized by the people of the state
for state highway purposes;
(c) The federal government or any department thereof for the purpose of constructing,
improving, or maintaining state highways, and from all public donations for such purpose.
All such donations shall be paid to the credit of the state highway supplementary fund for
such particular purpose as may be indicated by the donor. The state treasurer shall not
receive any gift for such purpose without the approval of the board.
43-1-221 Transportation Title 43 - page 38
(d) Private investors representing advances for or purchase price of state highway fund
revenue anticipation warrants;
(e) All moneys for state highway purposes from sources other than those specified in
subsection (1) of this section;
(f) Contributions, revenues, or income pursuant to section 43-1-1205;
(g) Any proceeds from the issuance of transportation revenue anticipation notes in
accordance with part 7 of article 4 of this title; and
(h) Any revenues received from political subdivisions pursuant to section 43-4-709,
including but not limited to federal transportation funds as defined in section 43-4-702 (4).
Source: L. 21: p. 374, § 26. C.L. § 1410. L. 35: p. 464, § 3. CSA: C. 143, § 117.
L. 36, 2nd Ex. Sess.: p. 18, § 2. CRS 53: § 120-3-20. L. 59: p. 630, § 2.
C.R.S. 1963: § 120-3-20. L. 94: (l)(c) added, p. 1217, § 2, effective May 22. L. 95:
(2)(f) added, p. 261, § 3, effective April 17. L. 99: (2)(g) and (2)(h) added, p. 1119, § 5,
effective June 2. L. 2011: (l)(c) repealed, (SB 11-159), ch. 54, p. 145, § 9, effective March
25.
Cross references: For the legislative declaration contained in the 1995 act enacting subsection
(2)(f), see section 1 of chapter 90, Session Laws of Colorado 1995.
43-1-221. Proceeds from sale of bonds. The proceeds from the sale of any bonds that
may be authorized for state highways shall be expended only for such purposes as are
specified in the law authorizing the issue of the bonds and not more than ten percent of any
bond issue for administrative and engineering purposes.
Source: L. 21: p. 376, § 28. C.L. § 1412. CSA: C. 143, § 119. CRS 53: § 120-3-21.
C.R.S. 1963: § 120-3-21.
43-1-222. Cash available for small payments. In order that the chief engineer may
make immediate cash payment to laborers and in other instances where, in his judgment, it
is advantageous or necessary for the conducting of the work of the highway operations and
maintenance division to make such payments, mere shall be deposited by the state treasurer
in some bank in the city and county of Denver, Colorado, from the state highway fund, the
sum of twenty-five thousand dollars, which shall be made payable upon order of the chief
engineer in the form of a voucher check, the voucher to show to whom and for what
payment is made. A duplicate of all such vouchers shall be retained in the office of the
highway operations and maintenance division. An amount equal to the checks returned and
found in proper form shall thereupon be deposited by the state treasurer to the credit of such
special fund from the state highway fund. Voucher checks drawn upon the special fund shall
not be used to pay salaries of officers or regular employees of the division.
Source: L. 21: p. 377, § 31. CX. § 1415. CSA: C. 143, § 122. CRS 53: § 120-3-22.
C.R.S. 1963: § 120-3-22. L. 65: p. 159, § 11. L. 91: Entire section amended, p. 1094,
§ 113, effective July 1.
43-1-223. Supervision of construction. If, as the result of any agreement made by the
department of transportation on behalf of the state and any branch of the federal govern-
ment, there is undertaken actual construction or improvement of highways in the state, the
letting of contracts and preparation and approval of specifications and plans, together with
supervision of construction, shall, on behalf of the state, be under the direct control of the
chief engineer, subject to the terms of the agreement so made. No agreement or contract
shall be made which requires the expenditure of funds greater than that included in the
budget for the current fiscal year plus additional advances from the federal government and
from private investors made after the date of the budget.
Source: L. 21: p. 378, § 32. C.L. § 1416. L. 35: p. 468, § 6. CSA: C. 143, § 123.
L. 36, 2nd Ex. Sess.: p. 21, § 4. CRS 53: § 120-3-23. C.R.S. 1963: § 120-3-23.
L. 91: Entire section amended, p. 1095, § 114, effective July 1.
Title 43 - page 39 General and Administrative 43-1-226
43-1-224. Cooperation with federal departments. The department of transportation
is further authorized to cooperate in such manner as it may consider for the public benefit
with any department of the federal government in undertaking any experiments or collect-
ing any data that has to do with public highways.
Source: L. 21: p. 378, § 33. C.L. § 1417. CSA: C. 143, § 124. CRS 53: § 120-3-24.
C.R.S. 1963: § 120-3-24. L. 91: Entire section amended, p. 1095, § 1 15, effective July 1.
43-1-225. Power of transportation commission - relocation of utility faculties -
payment of cost ( 1 ) The transportation commission has the following powers in addition
to the powers now possessed by it: To make reasonable regulations for the installation,
construction, maintenance, repair, renewal, and relocation of tracks, pipes, mains, conduits,
cables, wires, towers, poles, and other equipment and appliances or connections thereto,
called "utility facilities" in this section, of any governmental subdivision of the state of
Colorado or of an abutting landowner in, on, along, over, across, through, or under any
project on the federal-aid primary or secondary systems or on the interstate system,
including extensions thereof within urban areas. Whenever the commission determines that
it is necessary that any such utility facilities which may be located in, on, along, over,
across, through, or under any such federal-aid primary or secondary system or on the
interstate system, including extensions thereof within urban areas, should be relocated, the
governmental subdivision of the state of Colorado or abutting landowner owning or
operating such facilities shall relocate the same in accordance with the order of the
commission; but the cost of relocation shall be paid to the governmental subdivision of the
state of Colorado or abutting landowner so ordered to relocate its utility facilities without
discrimination or impairment on account of any agreement entered into by any department,
commission, or governmental subdivision of this state. In case of any such relocation of
utility facilities, as provided in this section, the governmental subdivision of the state of
Colorado or abutting landowner owning or operating the same may maintain and operate
such utility facilities, with the necessary appurtenances, in the new location. Said payment
of costs shall be made from the state highway fund or the state highway supplementary fund
upon due certification made by the chief engineer and paid by the state treasurer upon
warrants drawn by the controller as provided for and authorized by section 43-1-219.
(2) As used in this section, unless the context otherwise requires:
(a) "Governmental subdivision" includes a county or city and county, a city or town,
a municipal or quasi-municipal corporation, and a school district.
(b) "Cost of relocation" includes the entire amount paid by such governmental
subdivision of the state of Colorado properly attributable to such relocation after deducting
therefrom any increase in the value of the new facility and any salvage value derived from
the old facility.
(3) The cost of relocating utility facilities owned by any governmental subdivision of
the state of Colorado or abutting landowner on the federal-aid primary or secondary systems
or on the interstate system, including extensions thereof within urban areas, shall be a cost
of highway construction.
Source: L. 65: p. 957, § 2. C.RJS. 1963: § 120-3-25. L. 91: (1) amended, p. 1095,
§ 116, effective July 1.
ANNOTATION
Law reviews. For article, "Synthetic Fuels —
Policy and Regulation", see 51 U. Colo. L. Rev.
465 (1980).
43-1-226. Legislative declaration. It is declared to be the purpose of the general
assembly in the passage of section 43-1-225 that the state of Colorado may more fully avail
itself of the benefits of funds apportioned for expenditure on federal-aid primary or
43-1-301
Transportation
Title 43 - page 40
secondary systems and on the interstate system, including extensions thereof within urban
areas, in conformance with the "Federal-Aid Road Act", approved July 11, 1916, and all
acts of the congress amendatory thereof and supplementary thereto.
Source: L. 65: p. 957, § 1. C.R.S. 1963: § 120-3-26.
Cross references: For the "Federal- Aid Road Act", actually titled "An act to provide that the
United States shall aid the States in the construction of rural post roads, and for other purposes. ", see
39 Stat. 355. For current provisions pertaining to the "Federal-Aid Road Act", see 23 U.S.C. §§ 101,
202, 204, 205.
PART 3
HIGHWAY RELOCATION ASSISTANCE ACT
43-1-301 to 43-1-311. (Repealed)
Source: L. 89: Entire part repealed, p. 1084, § 14, effective March 31.
Editor's note: This part 3 was numbered as article 3 of chapter 120, C.R.S. 1963. For amendments
to this part 3 prior to its repeal in 1989, consult the Colorado statutory research explanatory note and
the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973
beginning on page vii in the front of this volume.
Cross references: For the relocation assistance and land acquisition policies, see article 56 of title
24.
PART 4
ROADSIDE ADVERTISING
Editor's note: This part 4 was numbered as article 18 of chapter 120, C.R.S. 1963. The substantive
provisions of this part were repealed and reenacted in 1981, causing some addition, relocation, and
elimination of sections as well as subject matter. For amendments to this part 4 prior to 1981, consult
the Colorado statutory research explanatory note and the table itemizing the replacement volumes and
supplements to the original volume of C.R.S. 1973, beginning on page vii in the front of this volume.
Former C.R.S. section numbers are shown in editor's notes following those sections that were
relocated.
Cross references: For regulation of advertising on county roads, see §§ 43-2-139 and 43-2-141.
43-1-401. Short title. This part 4 shall be known and may be cited as the "Outdoor
Advertising Act".
Source: L. 81: Entire part R&RE, p. 2006, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-401 as it existed prior to 1981.
ANNOTATION
Law reviews. For article, "The Case for Bill-
board Control: Precedent and Prediction", see
36 Dicta 461 (1959). For article, "Colorado
Needs a Constitutional and Effective Roadside
Sign Law", see 36 Dicta 475 (1959).
Regulatory scheme for the control of out-
door advertising which imposed permit re-
quirement and set limitations on placement
of roadside signs is not violative of due pro-
cess, but is reasonably related to the achieve-
ment of a legitimate state interest. Orsinger Out-
door Adv. v. State Dept. of Highways, 752 P.2d
55 (Colo. 1988).
Regulatory rule adopted under this act
which distinguishes between incorporated
and unincorporated areas does not violate
equal protection because relevant differences
are real in fact and related to legitimate state
interests. Orsinger Outdoor Adv. v. State Dept.
of Highways, 752 P.2d 55 (Colo. 1988).
Title 43 -page 41
General and Administrative
43-1-402
The outdoor advertising act is, in essence, a
reasoning statute, restricting the use of outdoor
advertising on property adjacent to state and
federal highways. State Dept. of Hwys. v. Pigg,
656 P.2d 46 (Colo. App. 1982).
This act supersedes conflicting municipal
regulation of outdoor advertising signs that
are along state highway system within a
home-rule municipality, because regulation of
such signs is a matter of mixed local and state-
wide concern. Nat. Advertising Co. v. State
Dept of Highways, 751 P.2d 632 (Colo. 1988).
A city's sign code was invalid to the extent
it conflicted with this act where the sign code
required removal or modification of noncon-
forming signs and contained a five-year amorti-
zation period within which to remove the non-
conforming signs. Root Outdoor Advertising v.
Fort Collins, 759 P.2d 59 (Colo. App. 1988).
Applied in State Dept of Hwys. v. Davis, 626
P.2d 661 (Colo. 1981).
43-1-402. Legislative declaration. (1) (a) It is declared to be the purpose of the
general assembly in the passage of this part 4 to control the existing and future use of
advertising devices in areas adjacent to the state highway system in order to protect and
promote the health, safety, and welfare of the traveling public and the people of Colorado
and such purposes are declared to be of statewide concern. The general assembly finds and
declares mat the enactment of this part 4 is necessary to further the following substantial
state interests:
(1) Protection of the public investment in the state highway system;
(II) Promotion of safety upon the state highway system;
(HI) Promotion of the recreational value of public travel;
(IV) Promotion of public pride and spirit both on a statewide and local basis;
(V) Preservation and enhancement of the natural and scenic beauty of this state;
(VI) Broadening the economic well-being and general welfare by attracting to this state
tourists and other travelers;
(VH) Providing the traveling public with information as to necessary goods and
services in the immediate vicinity of the traveler;
(Vm) Protection and encouragement of local tourist-related businesses for the general
economic well-being of this state;
(IX) Insuring that Colorado receives its full share of funds to be apportioned by the
congress of the United States for expenditures on federal-aid highways.
(b) In furtherance of the substantial state interests stated in paragraph (a) of this
subsection (1), it is the intent of the general assembly that Colorado comply with the federal
"Highway Beautification Act of 1965" and rules and regulations adopted thereunder.
(2) The general assembly further finds and declares that this part 4, taken as a whole,
represents a balancing of the above-stated substantial state interests.
Source: L. 81: Entire part R&RE, p. 2006, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-407 as it existed prior to 1981.
Cross references: For the "Highway Beautification Act of 1965", see Pub.L. 89-285, codified at
23 U.S.C. sec. 131 et seq.
ANNOTATION
Scope of act not limited to commercial ad-
vertising. Both legislative declaration and in-
cluded definitions demonstrate that outdoor ad-
vertising act was intended to provide for the
regulation of more than just commercial adver-
tising. Pigg v. State Dept. of Highways, 746 P.2d
961 (Colo. 1987).
Advertising restriction not admissible in
condemnation proceeding relative to value of
ig property. Evidence regarding adver-
tising restriction by zoning ordinance is not
admissible as one factor establishing the dimin-
ished market value of a landowner's remaining
property in a condemnation proceeding. State
Dept. of Hwys. v. Davis, 626 P.2d 661 (Colo.
1981) (decided under prior law).
43-1-403 Transportation Title 43 - page 42
43-1-403. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Advertising device** means any outdoor sign, display, device, figure, painting,
drawing, message, placard, poster, billboard, or any other contrivance designed, intended,
or used to advertise or to give information in the nature of advertising and having the
capacity of being visible from the travel way of any state highway, except any advertising
device on a vehicle using the highway. The term "vehicle using the highway'* does not
include any vehicle parked near said highway for advertising purposes.
(1.5) (a) "Comprehensive development" means a group of two or more lots or parcels
of land used primarily for multiple separate commercial or industrial activities that:
(1) Is located entirely on one side of a highway;
(II) Consists of lots or parcels that are contiguous except for public or private roadways
or driveways that provide access to the development;
(HI) Has been approved by the relevant local government as a development with a
common identity and plan for public and private improvements;
(IV) Has common areas such as parking, amenities, and landscaping; and
(V) Has an approved plan of common ownership in which the owners have recorded
irrevocable rights to use common areas and that provides for the management and
maintenance of common areas.
(b) "Comprehensive development" includes all land used or to be used or occupied for
the activities of the development, including buildings, parking, storage and service areas,
streets, driveways, and reasonably necessary landscaped areas. A comprehensive develop-
ment includes only land that is used for a purpose reasonably related to the activities of the
development other than an attempt to qualify the land for on-premise advertising.
(2) "Defined area" means a geographically described economic area in which tourist-
related businesses are located, which area would suffer substantial economic hardship by
the removal of any tourist-related advertising device in that area providing directional
information about goods and services in the interest of the traveling public.
(3) "Department" means the department of transportation.
(4) "Directional advertising device" includes, but is not limited to: Advertising devices
containing directional information to facilitate emergency vehicle access to remote loca-
tions or about public places owned or operated by federal, state, or local governments or
their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific,
educational, and religious sites; and areas of natural scenic beauty or naturally suited for
outdoor recreation, deemed to be in the interest of the traveling public. Such devices shall
conform to standards promulgated by the department pursuant to section 43-1-415, which
standards shall conform to the national policy.
(5) "Erect" means to construct or allow to be constructed.
(6) "Highway" means any road on the state highway system, as defined in section
43-2-101 (1).
(7) "Informational site" means an area established and maintained within a highway
rest area wherein panels for the display of advertising and informational plaques may be
erected and maintained so as not to be visible from the travel way of any state highway.
(8) "Interstate system" means the system of highways as defined in section 43-2-101
(2).
(9) "Maintain" means to preserve, keep in repair, continue, or replace an advertising
device.
(10) "Municipality" has the same meaning as defined in section 31-1-101 (6), C.R.S.
(11) "National policy" means the provisions relating to control of advertising, signs,
displays, and devices adjacent to the interstate system contained in 23 U.S.C. sec. 131 and
the national standards or regulations promulgated pursuant to such provisions.
(12) "Nonconforming advertising device" means any advertising device that was
lawfully erected under state law and has been lawfully maintained in accordance with the
provisions of this part 4 or prior state law, except those advertising devices allowed by
section 43-1-404 (1).
(13) "Official advertising device" means any advertising device erected for a public
purpose authorized by law, but the term shall not include devices advertising any private
Title 43 - page 43 General and Administrative 43-1-404
(14) "On-premise advertising device** means:
(a) An advertising device advertising the sale or lease of the property on which it is
located or advertising activities conducted on the property on which it is located; or
(b) An advertising device located within a comprehensive development that advertises
any activity conducted in the comprehensive development, so long as the placement of the
advertising device does not cause a reduction of federal aid highway moneys pursuant to 23
U.S.C sec. 131.
(15) "Person** means any individual, corporation, partnership, association, or orga-
nized group of persons, whether incorporated or not, and any government, governmental
subdivision, or agency thereof.
(16) "Tourist-related advertising device** means any legally erected and maintained
advertising device which was in existence on May 5, 1976, and which provides directional
information about goods and services in the interest of the traveling public limited to the
following: Lodging, campsite, food service, recreational facility, tourist attraction, educa-
tional or historical site or feature, scenic attraction, gasoline station, or garage.
(17) "Visible*' means capable of being seen, whether or not legible, without visual aid
by a person of normal acuity.
(18) "Would work or suffer a substantial economic hardship** means tending to cause
or causing a significant negative economic effect, such as a loss of business income, an
increase in unemployment, a reduction in sales taxes or other revenue to the state or other
governmental entity, a reduction in real estate taxes to the county, and other/ significant
negative economic factors.
Source: L. 81: Entire part R&RE, p. 2007, § 1, effective July 1. L. 91: (3) amended,
p. 1096, § 117, effective July 1. L. 96: (4) amended, p. 776, § 1, effective May 23.
L. 2006: (1.5) added and (14) amended, p. 78, § 1, effective August 7. L. 2008: (12)
amended, p. 256, § 1, effective August 5.
Editor's note: This section is similar to former § 43-1-402 as it existed prior to 1981.
ANNOTATION
Scope of act not limited to commercial ad- Using. Pigg v. State Dept. of Highways, 746 P.2d
vertising. Both legislative declaration and in- 961 (Colo. 1987).
eluded definitions demonstrate that outdoor ad- Applied in State Dept of Hwys. v. Pigg, 656
vertising act was intended to provide for the P.2d 46 (Colo. App. 1982).
regulation of more than just commercial adver-
43-1-404. Advertising devices allowed - exception. (1) The following advertising
devices as defined in section 43-1-403 may be erected and maintained when in compliance
with all provisions of this part 4 and the rules adopted by the department:
(a) Official advertising devices;
(b) On-premise advertising devices;
(c) Directional advertising devices;
(d) Advertising devices located in areas which were zoned for industrial or commercial
uses under authority of state law prior to January 1, 1970;
(e) (I) Advertising devices located along primary and secondary highways in areas
which were zoned for industrial or commercial uses under authority of state law on and after
January 1, 1970, provided:
(A) The advertising device shall be no larger than one hundred fifty square feet; and
(B) The advertising device shall be located within one thousand feet of an industrial or
commercial building in place; and
(C) The advertising device shall only inform the traveling public of necessary goods or
services available within a five-mile radius of the advertising device; necessary goods and
services shall be limited to lodging, camping, food, gas, vehicle repair, health-related goods
or services, recreational facilities or services, and places of cultural importance; and
43-1-404 Transportation Title 43 - page 44
(D) No person providing necessary goods or services shall be eligible for more than
two advertising devices pursuant to this paragraph (e); and
(E) The advertising device shall predominately display the name and location of the
necessary goods or services advertised.
(II) In enacting the provisions of this paragraph (e), the general assembly declares each
and every provision is necessary and not severable in order to further the substantial state
interests contained in section 43-1-402. It is not the intent of the general assembly to allow
advertising devices in areas zoned for industrial or commercial uses on or after January 1,
1970, unless each and every provision contained in this paragraph (e) is satisfied.
(III) The department shall consult with the council on creative industries and the state
historical society to determine places of cultural importance which are eligible to erect
advertising devices pursuant to sub-subparagraph (C) of subparagraph (I) of mis paragraph
(e). It is the intent of the general assembly that no state moneys nor any federal funds be
used to erect such advertising devices.
(f) (I) Notwithstanding any other provision of law, with the exception of section
43-1-416, any advertising device, except for a nonconforming advertising device, may
contain a message center display with movable parts and a changeable message that is
changed by electronic processes or by remote control. The illumination of an advertising
device containing a message center display is not the use of a flashing, intermittent, or
moving light for the purposes of any rule, regulation, and standard promulgated by the
department or any agreement between the department and the secretary of transportation of
the United States. No message center display may include any illumination that is in motion
or appears to be in motion, that changes in intensity or exposes its message for less than four
seconds, or that has an interval between messages of less than one second. No advertising
device with a message center display may be placed within one thousand feet of another
advertising device with a message center display on the same side of a highway. No
message center display may be placed in violation of section 131 of title 23 of the United
States code.
(II) Subparagraph (I) of this paragraph (f) shall not apply if the department receives
written notification from the applicable federal authority that the proposed advertising
device with a message center display will directly cause the repayment or denial of federal
moneys that would otherwise be available or would otherwise be inconsistent with federal
law, but only to the extent necessary to prevent the repayment or denial of the moneys or
to eliminate the inconsistency with federal law.
(2) Nonconforming advertising devices in compliance with this part 4 and the rules and
regulations adopted by the department pursuant to this part 4 may be maintained.
(3) Nothing in this section shall be construed to allow advertising devices which are
prohibited in bonus areas adjacent to the interstate system as provided for in section
43-1-406.
(4) Notwithstanding paragraphs (d) and (e) of subsection (1) of this section, any
advertising device which is more than six hundred sixty feet off the nearest edge of the
right-of-way, located outside urban areas as such areas are defined in 23 U.S.C. sec. 101,
and which is visible from the roadway of the state highway system and erected with the
purpose of its message being read from such roadway is prohibited. Advertising devices
beyond six hundred sixty feet of the right-of-way which were lawfully erected under state
law prior to January 4, 1975, shall be compensated for and removed pursuant to this part
4.
(5) (a) Notwithstanding any other provision of law, except for section 43-1-416, as an
alternative to removing any advertising device that is otherwise permitted by this part 4 or
acquiring all real and personal property rights pertaining to the device, the department may
permit the advertising device to be remodeled and relocated on the same property in a
commercial or industrial zoned area, or on another area where the device would otherwise
be permitted under this article.
(b) Paragraph (a) of this subsection (5) shall not apply if the department receives
written notification from the applicable federal authority that the proposed advertising
device to be remodeled and relocated will directly cause the repayment or denial of federal
Title 43 - page 45
General and Administrative
43-1-405
moneys that would otherwise be available or would otherwise be inconsistent with federal
law, but only to the extent necessary to prevent the repayment or denial of the moneys or
to eliminate the inconsistency with federal law.
Source: L. 81: Entire part R&RE, p. 2008, § 1, effective July 1. L. 83: (l)(eXI)(C)
amended and (l)(e)(m) added, p. 1662, § 1, effective June 10. L. W: (l)(eXIII) amended,
p. 563, § 8, effective March 25. L. 2002: (1X0 and (5) added, pp. 543, 544, §§ 1, 2,
effective August 7. L. 2006: (1Kb) amended, p. 79, § 2, effective August 7. L. 2010: IP(1)
and (l)(e)(m) amended, (SB 10-158), ch. 231, p. 1014, § 5, effective July 1.
Editor's note: This section is similar to former § 43-1-408 as it existed prior to 1981.
ANNOTATION
This section is not unconstitutionally
vague. Alpert Corp. v. State Dept. of Hwys., 199
Colo. 4, 603 P.2d 944 (1979) (decided under
prior law).
The supreme court has long sustained ex-
ercises of the police power of the states for
regulation and prohibition of various forms of
outdoor commercial advertising. Howard v.
State Dept. of Hwys., 478 F.2d 581 (10th Cir.
1973) (decided under prior law).
Attack on validity of this part presented no
substantial federal question. Attack on the va-
lidity of this part on constitutional and antitrust
grounds presented no substantial federal ques-
tion as to its validity, as similar acts in various
states had been upheld against similar chal-
lenges. Howard v. State Dept. of Hwys., 478
F.2d 581 (10th Cir. 1973) (decided under prior
law).
Exception for signs located in areas zoned
commercial or industrial must be read as ap-
plying to those commercial or industrial areas
adjacent to state highways other than interstate
highways, and therefore does not deny the de-
partment the authority to regulate. Nat. Adver-
tising Co. v. State Dept. of Highways, 718 P.2d
1038 (Colo. 1986).
Rule-making authority under this act was
lawfully delegated, as legislative standards for
rule-making are sufficient to insure exercise in a
rational and consistent manner. Orsinger Out-
door Adv. v. State Dept of Highways, 752 P.2d
55 (Colo. 1988).
Spacing regulations promulgated under
this section did not exceed rule-making au-
thority of the department of highways. Orsinger
Outdoor Adv. v. State Dept of Highways, 752
P.2d 55 (Colo. 1988).
Department of highways did not adopt un-
duly expansive interpretation of its own reg-
ulation in measuring the distance from highway
to signs. Agency's construction of its own reg-
ulation is entitled to great weight, especially
when promulgated pursuant to an explicit grant
of authority and neither plainly erroneous nor
internally inconsistent. Orsinger Outdoor Adv. v.
State Dept. of Highways, 752 P.2d 55 (Colo.
1988).
Application of "on-premises" exemption to
noncommercial advertising does not exceed
rule-making authority. Legislature has left
specification of criteria for "on-premises" ad-
vertising to the highway department and inclu-
sion of non-commercial advertising within the
"on-premises" exemption precludes any consti-
tutional violation that would result from a total
ban on non-commercial advertising. Pigg v.
State Dept. of Highways, 746 P.2d 961 (Colo.
1987).
43-1-405. Informational sites authorized. (1) (a) The department may erect, ad-
minister, and maintain informational sites for the display of advertising and information of
interest to the traveling public, provided the lease fees are sufficient to pay the costs of
erecting, administering, and maintaining the sites.
(b) The department may issue leases for plaques in informational sites.
(c) Leases shall be issued for a period of one year, beginning each January 1, without
proration for periods less than a year. Each application for an initial lease or for a renewal
of an existing lease shall be accompanied by a fee determined by the department, not to
exceed one hundred dollars.
(2) The department may enter into agreements with any governmental entity to lease
land in rest areas for the construction, maintenance, and administration of informational
sites.
Source: L. 81: Entire part R&RE, p. 2009, § 1, effective July 1.
43-1-406 Transportation Title 43 - page 46
43-1-406. Bonus areas. (1) No person shall erect or maintain or allow to be erected
or maintained any advertising device within bonus areas.
(2) As used in this section:
(a) "Acquired for right-of-way'* means acquired for right-of-way for any public road
by the state, a county, a city, or any other political subdivision of the state by donation,
dedication, purchase, condemnation, use, or any other means. The date of acquisition shall
be the date upon which title, whether fee title or a lesser interest, vested in the public for
right-of-way purposes under applicable state law.
(b) "Bonus areas" means any portion of the area within six hundred sixty feet of the
nearest edge of the right-of-way of any portion of the federal interstate system of highways
which is constructed upon any part of right-of-way, the entire width of which is acquired
for right-of-way after July 1, 1956. A portion shall be deemed so constructed if, within such
portion, no line normal or perpendicular to the center line of the highway and extending to
both edges of the right-of-way will intersect any right-of-way acquired for right-of-way on
or before July 1, 1956. Bonus areas do not include:
(I) Kerr areas, which are segments of the interstate system which traverse commercial
or industrial zones within the boundaries of incorporated municipalities, as such boundaries
existed on September 21, 1959, wherein the use of real property adjacent to the interstate
system is subject to municipal regulation or control, or which traverse other areas where the
use of land as of September 21, 1959, was clearly established by state law as industrial or
commercial. Signs in Kerr areas are subject to size, lighting, and spacing requirements.
(II) Cotton areas, which are areas adjacent to the interstate system where any part of the
highway right-of-way was acquired prior to July 1, 1956. Signs in Cotton areas are
prohibited unless such areas are zoned commercial or industrial. Signs in Cotton areas are
subject to size, lighting, and spacing requirements.
(c) "Center line of the highway" means a line equidistant from the edges of the median
separating the main-traveled ways of a divided interstate highway or the center line of the
main-traveled way of a nondivided interstate highway.
(3) A map illustrating the bonus areas shall be maintained for public inspection at
reasonable hours in the offices of the department.
(4) The department may remove all advertising devices within bonus areas and may
acquire with state funds all real and personal property rights pertaining to advertising
devices by gift, purchase, agreement, exchange, or eminent domain. Just compensation shall
be paid to the owner of the advertising device for the taking of all right, title, leasehold, and
interest in the advertising device and to the owner of the real property on which the
advertising device is located for the taking of the right to erect and maintain the device if
the advertising device was lawfully erected.
(5) The following shall be exempt from the provisions of this section but shall in all
respects comply with applicable rules and regulations issued by the department:
(a) On-premise advertising devices;
(b) Advertising devices located in a Kerr area;
(c) Advertising devices located in a Cotton area;
(d) Directional or official advertising devices.
Source: L. 81: Entire part R&RE, p. 2010, § 1, effective July 1. L. 2006: (5)(a)
amended, p. 79, § 3, effective August 7.
Editor's note: This section is similar to former § 43-1-413 as it existed prior to 1981.
ANNOTATION
Applied in State Dept. of Hwys. v. Pigg, 653
P.2d 67 (Colo. App. 1982).
43-1-407. Permits. (1) A permit from the department shall be required for the
erection or maintenance of the following advertising devices:
(a) Each nonconforming advertising device as defined in section 43-1-403 (12);
Title 43 - page 47 General and Administrative 43-1-408
(b) Each directional advertising device as defined in section 43-1-403 (4), except that
the following advertising devices shall not require permits:
(1) Advertising devices which are no larger than eight square feet and which advertise
farms, ranches, or nonprofit educational, veterans*, religious, charitable, or civic organiza-
tions; or
(II) Directory signs no larger than thirty-two square feet, the sole purpose of which is
to provide direction to individual farms or ranches by way of individual signs, each of
which is no larger than eight square feet.
(c) Each advertising device allowed pursuant to section 43-1-404 (1) (d) and (1) (e).
Renewals of such permits are subject to the provisions of section 43-1-409.
(2) (a) (I) Any other provision of law notwithstanding, the department shall issue a
permit to erect or maintain an advertising device on a bus bench or bus shelter located either
within the right-of-way of any state highway or on land adjacent to or visible from the
right-of-way of any state highway if the local governing body having authority over the
state highway pursuant to section 43-2-135 has approved such advertising device. The state
shall accept the local permit as a state approved permit if the approval procedure of the local
governing body included a determination that the advertising device does not restrict
pedestrian traffic and is not a safety hazard to the motoring public.
(II) Except for safety requirements for bus benches or bus shelters located within the
right-of-way of any state highway, the department shall not impose any additional require-
ments or more strict requirements in connection with permits for advertising devices on a
bus bench or bus shelter than those imposed by the local governing body unless specifically
required by federal law.
(HI) Trie department shall implement this subsection (2) with the purpose of promoting
the use of bus transportation.
(b) This subsection (2) shall not apply if the department receives written notification
from the applicable federal authority that compliance with this subsection (2) will directly
cause denial of federal moneys that would otherwise be available or would otherwise be
inconsistent with federal law, but only to the extent necessary to prevent denial of the
moneys or to eliminate the inconsistency with federal law.
Source: L. 81: Entire part R&RE, p. 2011, § 1, effective July 1. L. 92: (1Kb) amended,
p. 1342, § 1, effective July 1. L. 96: (2) amended, p. 776, § 2, effective May 23. L. 2001:
(2) amended, p. 410, § 1, effective April 19.
ANNOTATION
Issuance of a county permit does not justify The department of highways is not es-
plaintifTs conclusion that its sign will comply topped from enforcing this act against sign
with state requirements. Nat. Advertising Co. v. erected by plaintiff. Nat Advertising Co. v.
State Dept. of Highways, 718 P.2d 1038 (Colo. State Dept. of Highways, 751 P.2d 632 (Colo.
1986). 1988).
43-1-408. Application for permit - contents. (1) Application for a permit for each
advertising device shall be made on a form provided by the department, shall be signed by
the applicant or his duly authorized officer or agent, and shall show:
(a) The name and address of the owner of the advertising device;
(b) The type, location, and dimensions of the advertising device, and such other
pertinent information as may be prescribed;
(c) The name and address of the lessor of property upon which the device has been or
will be located and a copy of the lease agreement or letter of consent; ,
(d) The year in which the advertising device was erected;
(e) An agreement by the applicant to erect and maintain the advertising device in a safe,
sound, and good condition;
(f) (I) For all devices erected on or after July 1, 1981, certification from the local
zoning administrator or authority that the advertising device conforms to local zoning
requirements or a copy of a local government permit for the device;
43-1-409 Transportation Title 43 - page 48
(II) For devices erected prior to July 1, 1981, an affidavit from the sign owner that the
advertising device was lawfully erected under local law.
Source: L. 81: Entire part R&RE, p. 2011, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-414 as it existed prior to 1981.
ANNOTATION
Applicant for a permit under this act bears have been satisfied. Orsinger Outdoor Adv. v.
burden of establishing by a preponderance of State Dept. of Highways, 752 P.2d 55 (Colo,
the evidence that all conditions for the permit 1988).
43-1-409. Permit term - renewal - fees. (1) (a) Applications for renewal of permits
shall be made before June 1 of each year and shall be issued for a one-year period beginning
July 1 and ending June 30. Permits shall be issued without proration for periods of less than
one year. If the sign authorized by a permit is not erected within one year from the date the
permit was issued, then the permit is void as of one year from the date it was issued.
(b) Each application for a permit or renewal of a permit shall be accompanied by a
permit fee for each advertising device, in accordance with the following schedule:
Sign size 100 square feet of face area or less $10.00
Sign size 101 square feet of face area to
250 square feet of face area $20.00
Sign size 251 square feet of face area to
600 square feet of face area $40.00
Sign size 601 square feet of face area or more $75.00
(2) No permit renewals from the department shall be required for any advertising
device erected in an area zoned for industrial or commercial use where the local zoning
authority has entered into an agreement of certification with the department and where the
local zoning authority has enacted rules, regulations, or ordinances concerning the control
of advertising devices in industrial or commercial areas that are at least as restrictive as this
part 4 and the rules and regulations promulgated under this part 4 as to size, lighting,
spacing, use, and maintenance. As used in this subsection (2), an "agreement of certifica-
tion" means the local zoning authority agrees to: Enforce its rules, regulations, or ordi-
nances concerning outdoor advertising devices or billboards; require a permit be obtained
from the department before any new device is erected within the certification area; require
a new permit be obtained from the department before any material change is made to a
device in existence at the time of certification; tender to the department semiannually
inspection records and records of actions taken on violations. If the department determines
after public hearing that the local zoning authority has failed to comply with its agreement
of certification, the department may rescind the agreement of certification by serving a
written decision on the local zoning authority by certified mail. The decision of the
department shall constitute final agency action. Upon rescission the department shall require
all permit holders to renew their permits unless the device is otherwise in violation of this
part 4 in which case the department shall proceed pursuant to section 43-1-412.
(3) Renewal applications may be made by reference to the identifying number of the
permit being renewed only, in the absence of material change in the information shown by
the original application.
(4) The name of the owner of the advertising device for which a permit has been issued
and the identifying permit number assigned by the department shall be placed in a
conspicuous place on each advertising device structure within thirty days after the date of
issuance of the permit.
(5) The permit holder shall, during the term thereof, have the right to change the
advertising copy, ornamentation, or trim on the structure or sign for which it was issued
without payment of any additional fee. The permit holder shall also have the right and
obligation to repair, replace, and maintain in good condition any damaged advertising
Title 43 - page 49 General and Administrative 43-1-41 1
device structure, however caused, if the right to maintain any nonconforming advertising
device has not been terminated pursuant to section 43-1-413.
(6) (Deleted by amendment, L. 92, p. 1342, § 2, effective July 1, 1992.)
(7) Any permit holder or new owner shall, within sixty days of purchasing, selling, or
otherwise transferring ownership in any advertising device for which a permit is required
by this part 4, send a written notice of such fact to the department and shall include in such
notice die name and address of the purchaser or transferee and its permit number.
Source: L. 81: Entire part R&RE, p. 2012, § 1, effective July 1. L. 92: (lXa) and (6)
amended, p. 1342, § 2, effective July 1.
Editor's note: This section is similar to former § 43-1-415 as it existed prior to 1981.
ANNOTATION
Applied in State Dept. of Hwys. v. Pigg, 653
P.2d 67 (Colo. App. 1982).
43-1-410. Denial or revocation of permit or renewal. A permit under this part 4 may
be denied or revoked, or a renewal denied, for false or misleading information given in the
application for such permit or renewal or for the erection or maintenance of an advertising
device in violation of the provisions of this part 4 or in violation of the rules and regulations
of the department promulgated to enforce and administer this part 4.
Source: L. 81: Entire part R&RE, p. 2013, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-416 as it existed prior to 1981.
43-1-411. Issuance of permits prohibited - when. (1) No permit shall be issued for
the erection, use, or maintenance of any advertising device which is or would be:
(a) At a point where it would encroach upon the right-of-way of a public highway
without written approval of the department;
(b) Along the highway within five hundred feet of the center point of an intersection of
such highway at grade with another highway or with a railroad in such manner as materially
to obstruct or reduce the existing view of traffic on the other highway or railroad trains
approaching the intersection and within five hundred feet of such center point;
(c) Along a highway at any point where it would reduce the existing view of traffic in
either direction or of traffic control or official highway signs to less than five hundred feet;
(d) Designed, used, or intended to be designed or used to include more than two
advertising panels on an advertising device facing in the same direction.
(2) On or after July 1, 1981 , no permit shall be issued for any advertising device which
required a permit under state law prior to July 1, 1981, and for which no permit was
obtained.
(3) No permit shall be issued for any advertising device which simulates any official,
directional, or warning sign erected or maintained by the United States, this state, or any
county or municipality or which involves light simulating or resembling traffic signals or
traffic control signs.
(4) No permit shall be issued for any advertising device nailed, tacked, posted, or
attached in any manner on trees, perennial plants, rocks, or other natural objects or on
fences or fence posts or poles maintained by public utilities.
(5) No permit shall be issued nor any renewal issued for any advertising device which
becomes decayed, insecure, or in danger of falling or otherwise is unsafe or unsightly by
reason of lack of maintenance or repair, or from any other cause.
(6) No permit shall be issued for any advertising device which does not conform to size,
lighting, and spacing standards as prescribed by rules and regulations adopted by the
department, where such rules and regulations were adopted prior to the erection of said
device.
43-1-412 Transportation Title 43 - page 50
Source: L. 81: Entire part R&RE, p. 2013, § 1, effective July 1. L. 2001: (l)(d)
amended, p. 411, § 2, effective April 19.
Editor's note: This section is similar to former § 43-1-418 as it existed prior to 1981.
ANNOTATION
Subsection (6) is no more restrictive than the removal of a noncomplying sign under both the
prohibition contained in prior regulations under old and new acts. Nat. Advertising Co. v. Dept.
the old act, and therefore the prohibition is not of Highways, 718 P.2d 1038 (Colo. 1986).
unconstitutionally retrospective with respect to
43-1-412. Notice of noncompliance - removal authorized. (1) Any outdoor adver-
tising device which does not comply with this part 4 and the rules and regulations issued
by the department shall be subject to removal as provided in this section.
(2) (a) If no permit has been obtained for the advertising device as required by this part
4, the department shall give written notice by certified mail to the owner of the property on
which the advertising device is located informing said landowner that the device is illegal
and requiring him within sixty days of receipt of the notice to remove the device or have
a permit obtained if such permit may be issued and advising him of the right to request the
department to conduct a hearing.
(b) If no application for renewal of a permit is received by the department as required
by this part 4, the department shall give written notice by certified mail to the permittee
requiring him within sixty days of receipt of the notice to apply for a renewal permit and
pay an additional late fee of fifty dollars or remove the advertising device and advising him
of the right to request the department to conduct a hearing.
(c) If the department determines that an application for renewal permit should be
denied or that an existing permit should be revoked, the department shall give written notice
by certified mail to the applicant or permittee specifying in what respect he has failed to
comply with the requirements of this part 4 and requiring him within sixty days of receipt
of the notice to remove the device or correct the violation if correction is permissible
pursuant to this part 4 and advising him of the right to request the department to conduct
a hearing.
(3) A request for a hearing shall be made in writing and must be received by the
department no later than sixty days after receipt of notice. Such hearings shall be held
pursuant to the "State Administrative Procedure Act**.
(4) After the sixty-day notice period has expired, the department is authorized to make
a determination with or without hearing that the device is or is not in compliance with this
part 4. If the department determines the device is not in compliance with this part 4 and the
rules and regulations promulgated under this part 4, it shall issue an order setting forth the
provisions violated, the facts alleged to constitute the violation, and the time by which the
device must be removed at the party's expense. The order shall be served upon the party by
certified mail.
(5) If the party does not remove the device as ordered, the department is authorized to
remove the device forthwith. If the landowner does not consent to entry upon the land by
the department to remove the device and no party has sought judicial review pursuant to the
"State Administrative Procedure Act", the department may apply to a court of competent
jurisdiction for an order allowing the department to enter upon the land for the purpose of
removing the device forthwith. The court shall issue such order upon proof the device has
not been removed and judicial review has not been sought.
(6) Upon removal of an advertising device pursuant to this section, neither the owner
of the property upon which the advertising device was erected nor the department shall be
liable in damages to anyone who claims to be the owner of the advertising device who has
not obtained a permit. The department shall not be responsible for damages otherwise
created by the removal of said advertising device or for its destruction subsequent to
removal.
Title 43 - page 5 1 General and Administrative 43- 1 -4 14
Source: L. 81: Entire part R&RE, p. 2014, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-417 as it existed prior to 1981.
Cross references: For the "State Administrative Procedure Act", see article 4 of title 24.
ANNOTATION
No sanctions for failure to renew permit, failure to apply for renewal of a permit State
prior to 1981 repeal and reenactment Prior to Dept. of Hwys. v. Pizza, 653 P.2d 69 (Colo. App.
its repeal and reenactment in 1981, the outdoor 1982).
advertising act did not impose any sanctions for
43-1-413. Nonconforming advertising devices. (1) A nonconforming advertising
device may be continued to be maintained at the same location at which the nonconforming
advertising device was lawfully erected.
(2) The right to maintain any nonconforming advertising device shall be terminated by:
(a) Abandonment of the nonconforming advertising device;
(b) Increase of any dimension of the nonconforming advertising device;
(c) Change of any aspect of or in the character of the nonconforming device;
(d) Failure to comply with the provisions of this part 4, concerning permits for the
maintenance of advertising devices;
(e) Damage to or destruction of the nonconforming advertising device from any cause
whatsoever, except willful destruction, where the cost of repairing the damage or destruc-
tion exceeds fifty percent of the cost of such device on the date of damage or destruction,
as determined by the department-approved schedule of compensation;
(f) Obsolescence of the nonconforming advertising device where the cost of repairing
the device exceeds fifty percent of the replacement cost of such device on the date that the
department determines said device is obsolete.
(3) Reasonable and customary repair and maintenance of the device, including a change
of advertising message or design, is not a change that would violate subsection (2) of this
section. However, such message or design change shall not be compensable under section
43-1-414.
(4) If the right to maintain any nonconforming advertising device is terminated under
this section, the advertising device shall become illegal and shall be removed pursuant to
section 43-1-412.
Source: L. 81: Entire part R&RE, p. 2015, § 1, effective July 1. L. 2008: (1) and (2Kb)
amended, p. 256, § 2, effective August 5.
Editor's note: This section is similar to former § 43-1-422 as it existed prior to 1981.
ANNOTATION
Department did not abuse its authority by be more strict than the federal Outdoor Adver-
providing that a billboard is deemed aban- tising Act Nat'l Advertising Co. v. Dept of
doned if the billboard has been blank or has Transp., 932 P.2d 871 (Colo. App. 1997).
displayed obsolete advertising materials for Applied in State Dept of Hwys. v. Pigg, 653
six months. Lack of any intent requirement in p.2d 67 (Colo. App. 1982).
the regulation does not cause the regulation to
43-1-414. Removal of nonconforming devices. (1) The department may remove any
nonconforming advertising device and may acquire all real and personal property rights
pertaining to the nonconforming advertising device by gift, purchase, agreement, exchange,
or eminent domain. All proceedings in eminent domain shall be conducted as may be
43-1-414 Transportation Title 43 - page 52
provided by law. The department may adopt appraisal concepts and acquisition procedures
which are appropriate to the evaluation and removal of nonconforming advertising devices.
(2) Just compensation shall be paid for each lawfully permitted nonconforming adver-
tising device. Where the nonconforming advertising device has been modified with ap-
proval of the department, just compensation shall be determined as if no changes had been
made, unless the changes shall have resulted in a decrease in value. Just compensation shall
be paid for the taking, from the owner of such advertising device, of all right, title,
leasehold, and interest in such advertising device and for the taking from the owner of real
property on which such advertising device is located and of the right to maintain such
advertising device.
(3) No advertising device shall be required to be removed until the federal share of the
compensation required to be paid upon acquisition of such device becomes available to the
state. Nothing in this subsection (3) shall be construed to prevent the department from
acquiring any advertising device when the federal share of the compensation required to be
paid for such device becomes available to the state, and no state funds shall be used to pay
just compensation for any advertising device located along a secondary highway in this
state until the federal share of such compensation becomes available to the state.
(4) The department shall promulgate reasonable rules and regulations governing ac-
quisition procedures for the advertising devices, appraisal of advertising devices, and the
administration and enforcement of this section. Rules for the appraisal of advertising
devices shall take into account normal depreciation.
(5) Tourist-related advertising devices which comply with the rules and regulations
adopted by the department may be exempted from removal under the following conditions:
(a) Upon receipt of a declaration, resolution, certified copy of an ordinance, or other
clear direction from a state agency, board of county commissioners, city and county,
municipality, or other governmental agency, which includes or has attached, on forms
provided by the department, an analysis of negative economic impacts provided by such
entity and which follows the criteria and method of economic analysis established by the
department that removal of tourist-related advertising devices in a defined area would work
a substantial economic hardship on that defined area, the department shall review the
entity* s economic analysis and such defined area. If the department finds that the entity has
used the method of economic analysis as prescribed and the entity has determined that the
defined area would suffer substantial economic hardship by such removal and that the
declaration complies with all applicable rules and regulations, the department shall forward
such declaration, resolution, or document and economic analysis with its recommendations
to the United States secretary of transportation pursuant to 23 U.S.C. sec. 131(o). Any such
declaration, resolution, or document submitted to the department shall further find that such
tourist-related advertising devices provide directional information about goods and services
in the interest of the traveling public and request the retention by the state in such defined
areas of such tourist-related advertising devices.
(b) Each exempted tourist-related advertising device must comply with requirements of
the department concerning the directional contents of the device.
(c) The department will review and evaluate each defined area at least every three years
to determine if each exemption continues to be warranted.
(6) The provisions of this section shall not be construed to affect the application of any
of the provisions of this part 4 to any advertising device until such date as the advertising
device is required to be removed under this section. This section is enacted to comply with
the requirements of the federal "Highway Beautification Act of 1965".
Source: L. 81: Entire part R&RE, p. 2015, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-423 as it existed prior to 1981.
Cross references: For the federal "Highway Beautification Act of 1965", see Pub.L. 89-285,
codified at 23 U.S.C. sec. 131 et seq.
Title 43 - page 53
General and Administrative
43-1-415
ANNOTATION
Exempting from removal certain tourist-
related signs is constitutionally permissible.
Because the tourist-related sign exemption is
tailored narrowly to further an important interest
of the state, that exception does not unconstitu-
tionally discriminate in favor of tourist-related
advertising devices. Pigg v. State Dept. of
Hwys., 746 P.2d 961 (Colo. 1987).
Cities not preempted or bound in regula-
tion of signs. The federal highway beautifica-
tion act and the Colorado highway sign act have
not preempted cities in the regulation of signs
nor do they bind the cities by example or stan-
dard. Art Neon Co. v. City & County of Denver,
488 F.2d 118 (10th Cir. 1973), cert, denied, 417
U.S. 932, 94 S. Q. 2644, 41 L. Ed.2d 236
(1974) (decided under prior law).
Restriction of signs is under police power
of city. Restricting outdoor advertising as non-
conforming uses was an integral part of a valid
overall zoning plan to accomplish its legitimate
purposes. Therefore, the restriction is under the
police power of the city instead of the eminent
domain power. Art Neon Co. v. City & County
of Denver, 488 F.2d 118 (10th Cir. 1973), cert,
denied, 417 U.S. 932, 94 S. Ct. 2644, 41 L.
Ed.2d 236 (1974) (decided under prior law).
Denial of right to erect new advertising
devices does not require compensation. Valid
restrictions imposed on the use of property, such
as the denial of a right to erect new advertising
devices, do not require compensation. State
Dept. of Hwys. v. Pigg, 656 P.2d 46 (Colo. App.
1982).
A city may use municipal funds to compen-
sate an owner for the removal of signs prior to
the availability of the federal share of such
compensation. Fort Collins v. Root Outdoor Ad-
vertising, 788 P.2d 149 (Colo. 1990).
43-1-415. Administration and enforcement - authority for agreements. (1) The
department shall administer and enforce the provisions of this part 4 and shall promulgate
and enforce rules, regulations, and standards necessary to carry out the provisions of this
part 4 including, but not limited to:
(a) Regulations necessary to qualify the state for payments made available by congress
to those states that meet federal standards of roadside advertising control;
(b) Regulations relating to the maintenance of nonconforming advertising devices;
(c) Regulations to control the erection and maintenance on all state highways of official
advertising devices, directional advertising devices, on-premise advertising devices, and
advertising devices located in areas zoned for industrial or commercial uses;
(d) Regulations governing the removal and acquisition of nonconforming advertising
devices;
(e) Regulations necessary to permit the exemption of tourist-related advertising devices
by the secretary of transportation under 23 U.S.C. sec. 131(o);
(f) Regulations governing specific information signs under section 43-1-420.
(2) Nothing in this part 4 shall be construed to permit advertising devices to be erected
or maintained which would disqualify the state for payments made available to those states
which meet federal standards of roadside advertising control.
(3) The department may enter into agreements with the secretary of transportation of
the United States to carry out the national policy concerning outdoor advertising adjacent
to the interstate system and federal-aid primary highways and to accept any allotment of
funds by the United States, or any department or agency thereof, appropriated in furtherance
of federal-aid highway legislation.
(4) The rules and regulations of the department shall not impose any additional
requirements or more strict requirements than those imposed by this part 4.
Source: L. 81: Entire part R&RE, p. 2017, § 1, effective July 1. L. 92: (4) added, p.
1343, § 3, effective July 1.
Editor's note: This section is similar to former § 43-1-410 as it existed prior to 1981.
Cross references: For promulgation of rules and regulations, see article 4 of tide 24.
43-1-416
Transportation
ANNOTATION
Title 43 - page 54
Department did not abuse its authority by
providing that a billboard is deemed aban-
doned if the billboard has been blank or has
displayed obsolete advertising materials for
six months. Lack of any intent requirement in
the regulation does not cause the regulation to
be more strict than the federal Outdoor Adver-
tising Act. Nat'l Advertising Co. v. Dept. of
Transp., 932 P.2d 871 (Colo. App. 1997).
43-1-416. Local control of outdoor advertising devices. Nothing in this part 4 shall
be construed to prevent use of zoning powers and establishment of stricter limitations or
controls on advertising devices by any municipality or county within its boundaries so long
as such limitations or controls do not jeopardize the receipt by the state of its full share of
federal highway funds.
Source: L. 81: Entire part R&RE, p. 2017, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-405 as it existed prior to 1981.
ANNOTATION
City sign code preempted by this section.
City ordinance which required the removal of
signs after a period of amortization, but which
did not provide for the payment of compensa-
tion, jeopardized the state's receipt of its share
of federal highway funds and was thus pre-
empted by this section. Fort Collins v. Root
Outdoor Advertising, 788 P.2d 149 (Colo.
1990).
Payment of just compensation for the re-
moval of signs is required to preserve the
state's federal funding; amortization is not the
equivalent of "just compensation". Removal of
signs must be accomplished through eminent
domain proceedings. Fort Collins v. Root Out-
door Advertising, 788 P.2d 149 (Colo. 1990).
A city may use municipal funds to compen-
sate an owner for the removal of signs prior to
the availability of the federal share of such
compensation. Fort Collins v. Root Outdoor Ad-
vertising, 788 P.2d 149 (Colo. 1990).
43-1-417. Violation and penalty. (1) The erection, use, or maintenance of any
advertising device in violation of any provision of this part 4 is declared to be illegal and,
in addition to other remedies provided by law, the department is authorized to institute
appropriate action or proceeding to prevent or remove such violation in any district court
of competent jurisdiction. The removal of any advertising device unlawfully erected shall
be at the expense of the person who erects and maintains such device.
(2) Any person who violates any provisions of this part 4 is guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine of not less than one hundred
dollars nor more than one thousand dollars for each offense. Each day of violation of the
provisions of this part 4 shall constitute a separate offense.
(3) (a) Except as provided in section 43-1-421, no person other than the department
without written approval of the department shall erect or maintain any advertising device
located either wholly or partly within the right-of-way of any state highway that is a part
of the state highway system, including streets within cities, cities and counties, and
incorporated towns. All advertising devices so located are hereby declared to be public
nuisances, and any law enforcement officer or peace officer in the state of Colorado or
employee of the department is hereby authorized and directed to remove the same without
notice.
(b) The department may grant written permission to erect official advertising devices
within the right-of-way of any state highway.
Source: L. 81: Entire part R&RE, p. 2018, § 1, effective July 1. L. 95: (3)(a) amended,
p. 278, § 2, effective April 20.
Editor's note: This section is similar to former § 43-1-406 as it existed prior to 1981.
Title 43 - page 55 General and Administrative 43- 1 -420
ANNOTATION
Applied in State Dept. of Hwys. v. Pigg, 653
P.2d 67 (Colo. App. 1982).
43-1-418. Roadside advertising fund. There is hereby created in the department the
roadside advertising fund. All permit fees collected under this part 4 shall be deposited by
the department in such fund to carry out its duties under this part 4. The fee structure shall
be reviewed by the department every four years.
Source: L. 81: Entire part R&RE, p. 2018, § 1, effective July 1.
Editor's note: This section is similar to former § 43-1-420 as it existed prior to 1981.
43-1-419. Scenic byways - Independence pass scenic area highway. (1) (a) State
highways designated as scenic byways by the transportation commission shall have no new
advertising devices erected which are visible from the highway, except the following:
(1) Official advertising devices, as defined in section 43-1-403 (13);
(II) On-premise advertising devices, as defined in section 43-1-403 (14); or
(IE) Directional advertising devices, as defined in section 43-1-403 (4).
(b) Existing advertising devices along scenic byways which are in compliance with this
part 4 and the rules and regulations of the department may be maintained as long as they
remain in compliance with all provisions of this part 4 and the rules and regulations of the
department
(c) (I) An advertising device shall be considered to be visible from a designated
highway if it is plainly visible to the driver of a vehicle who is proceeding in a legally
designated direction and traveling at the posted speed.
(II) As used in this paragraph (c), "visible" shall have the same meaning as provided
in section 43-1-403 (17).
(2) Independence pass on state highway 82 and sixteen miles of said highway extend-
ing on either side of Independence pass in Pitkin and Lake counties, Colorado, is designated
as a scenic area highway, and no advertising devices shall be erected on or near said
highway so as to be visible to motor vehicle operators on said highway.
Source: L. 81: Entire part R&RE, p. 2018, § 1, effective July 1. L. 92: Entire section
amended, p. 1343, § 4, effective July 1. L. 93: (l)(c) added, p. 1487, § 2, effective June
6.
Editor's note: This section is similar to former § 43-1-421 as it existed prior to 1981.
43-1-420. Specific information signs and tourist-oriented directional signs autho-
rized - rules. (1) (a) The department may erect, administer, and maintain signs within
highway rights-of-way for the display of advertising and information of interest to the
traveling public, pursuant to the federal authority set forth in 23 U.S.C. sees. 109 (d), 131
(f), and 315 and 49 CFR 1.48 (b).
(b) In addition to erecting, administering, and maintaining the signs authorized by
paragraph (a) of this subsection (1), the department may authorize the erection, adminis-
tration, and maintenance of specific information signs within highway rights-of-way upon
the interstate system for the purpose of providing information pursuant to federal authority.
(1.5) As used in this section, "urbanized area** means that area within the boundary of
a metropolitan area having a population of fifty thousand or more as determined by the
United States bureau of the census in its latest census and as included on the urbanized area
map approved by the department.
(2) The department may issue permits for business signs to be installed on specific
information signs, all such specific information signs and business signs to be constructed
and installed at the expense of the business being identified unless otherwise specified by
43-1-421 Transportation Title 43 - page 56
a contractor in an agreement negotiated pursuant to section 43-1-1202 (1) (a) (XI). Permits
for such business signs shall be issued for a period of one year, beginning each January 1,
without proration for periods less than a year. Each application for an initial permit or for
a renewal of an existing permit shall be accompanied by an administration and maintenance
fee to be determined by the department or by the contractor in an agreement negotiated
pursuant to section 43-1-1202 (1) (a) (XI). In the event that the number of applications for
permits for a particular location exceeds the number of business signs that can be
accommodated at that location, the department or, if so specified in an agreement negotiated
pursuant to section 43-1-1202 (1) (a) (XI), the contractor, shall develop a method for the
annual rotation of such business signs. The department shall not condition eligibility for
business signs on the utilization of any other off-premise outdoor advertising devices.
(3) The department may issue permits and adopt rules for the erection, administration,
and maintenance of tourist-oriented directional signs within highway rights-of-way not on
the interstate system and not on freeways or expressways, as such highways are defined in
the rules, that are in urbanized areas, for the display of information of interest to the
traveling public pursuant to the federal authority therefor as set forth in 23 U.S.C. sees. 109
(d), 315, and 402 (a) and 49 CFR 1.48 (b) and in accordance with federal requirements. Any
tourist-oriented directional sign erected pursuant to this subsection (3) shall be required to
comply with all applicable regulations of the county, city and county, or municipality in
which the sign is located. A county, city and county, or municipality may choose to
authorize such signs within its jurisdiction by adoption of a resolution to that effect by the
governing body of the county, city and county, or municipality, which resolution shall be
directed to the executive director of the department or the executive director's designee.
Upon receipt of the resolution, the department shall authorize further implementation of the
tourist-oriented directional sign program within the affected jurisdiction subject to the rules
adopted by the department. "Die department shall not condition eligibility for business signs
on the utilization of any other off-premise outdoor advertising devices.
(4) The department may contract with private businesses to implement all or part of the
sign programs authorized by this section pursuant to the public-private initiatives program
set forth in part 12 of this article.
(5) Notwithstanding any provision of this section to the contrary, the department may
erect, administer, and maintain signs within highway rights-of-way for the display of
advertising and information of interest to the traveling public, pursuant to the federal
authority set forth in 23 U.S.C. sees. 109 (d), 131 (f), and 315 and 49 CFR 1.48 (b).
Source: L. 81: Entire part R&RE, p. 2018, § 1, effective July 1. L. 87: Entire section
amended, p. 1551, § 1, effective March 12. L. 89: (3) added, p. 1628, § 1, effective May
26. L. 98: Entire section amended, p. 165, § 2, effective August 5. L. 2004: (5) added, p.
9, § 1, effective August 4. L. 2008: (l)(b) and (3) amended, p. 287, § 1, effective August
5. L. 2012: (l)(a) and (5) amended, (HB 12-1108), ch. 187, p. 713, § 1, effective August
8.
Cross references: For the legislative declaration contained in the 1998 act amending this section,
see section 1 of chapter 65, Session Laws of Colorado 1998.
43-1-421. On-premise advertising device - extension authorized. (1) Notwith-
standing any other provision of law and except as otherwise provided in subsection (2) of
this section, on-premise advertising devices shall be allowed to extend over existing
rights-of-way and future rights-of-way as described in section 43-1-210 (3) of any state
highway if all of the following requirements are met:
(a) The on-premise advertising device is attached to and extended from a building and
only advertises activities or services offered in that building;
(b) The building and attached on-premise advertising device is adjacent to the state
highway within a city, city and county, or incorporated town having authority over the state
highway pursuant to section 43-2-135;
(c) The on-premise advertising device does not restrict pedestrian traffic and is not a
safety hazard to the motoring public; and
Title 43 - page 57 General and Administrative 43-1-503
(d) Before erecting the on-premise advertising device, the owner of the on-premise
advertising device obtains written permission from the city, city and county, or incorporated
town.
(2) This section shall not apply if the department determines that compliance with this
section will cause denial of federal moneys that would otherwise be available or would
otherwise be inconsistent with federal law, but only to the extent necessary to prevent denial
of the moneys or to eliminate the inconsistency with federal law. The department shall
pursue every lawful remedy available to obtain permission or authority, if required by
federal law, to apply this section in any such case.
Source: L. 95: Entire section added, p. 277, § 1, effective April 20. L. 96: (1) amended,
p. 777, § 3, effective May 23.
PART 5
JUNKYARDS ADJACENT TO HIGHWAYS
43-1-501. Legislative declaration. It is declared to be the purpose of the general
assembly in the passage of this part 5 that in connection with the construction, maintenance,
and supervision of the public highways of this state, the state of Colorado place itself in a
position to receive its full share of funds to be apportioned by the congress of the United
States for expenditures on federal-aid highways in this state and, to this end, to control the
existing and future use and maintenance of junkyards in areas adjacent to the interstate and
primary highway systems in order to protect the public investment in such highways; to
promote the safety and recreational value of public travel; to promote public pride and
public spirit, both on a statewide and local basis; to attract to this state tourists and other
travelers with a view toward broadening the economic well-being and general welfare; and
to preserve and enhance the natural and scenic beauty of this state.
Source: L. 66: p. 9, § 1. C.R.S. 1963: § 120-16-1.
43-1-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Automobile graveyard" means any establishment or place of business which is
maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts.
(2) "Department" means the department of transportation.
(3) "Highway" means the federal-aid primary and interstate systems, as defined in
section 43-2-101.
(4) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber
debris, waste, or junked, dismantled, or wrecked automobiles, appliances, or parts thereof,
iron, steel, and other old or scrap ferrous or nonferrous material.
(5) "Junkyard" means an establishment or place of business which is maintained,
operated, or used for storing, keeping, buying, or selling junk or for the maintenance or
operation of an automobile graveyard, and the term includes garbage dumps and sanitary
fills.
(6) "Person" means any individual, firm, agency, company, association, partnership,
business trust, joint stock company, or corporation who operates a junkyard or who allows
a junkyard to be placed or to remain on premises controlled by him.
Source: L. 66: p. 9, § 2. C.R.S. 1963: § 120-16-2. L. 91: (2) amended, p. 1096,
§ 118, effective July 1.
43-1-503. Permits required - exceptions. Except as provided in this part 5, on and
after February 11, 1966, no person shall establish, operate, and maintain a junkyard which
is within one thousand feet of the nearest edge of the right-of-way of the highway and
visible from the main-traveled way thereof unless a permit is first obtained from the
43-1-504 Transportation Title 43 - page 58
department. No permit shall be required and junkyards, automobile graveyards, and scrap
metal processing facilities may be operated within areas adjacent to said highways which
are within one thousand feet of the nearest edge of the right-of-way which are zoned
industrial under authority of state law, or any of its political subdivisions.
Source: L. 66: p. 10, § 3. C.R.S. 1963: § 120-16-3.
43-1-504. Permits issued - when. The department has the sole authority to issue
permits for the establishment, maintenance, and operation of junkyards within the limits
prescribed by this part 5. No permit shall be issued unless such junkyard can be effectively
screened, as required by regulation, by natural objects, plantings, fences, or other appro-
priate means so as not to be visible from the main-traveled way of such highways. Such
screening shall be at the expense of the person applying for said permit.
Source: L. 66: p. 10, § 4. C.R.S. 1963: § 120-16-4.
43-1-505. Permit fees - expiration - renewal. Each application or request for a permit
shall be accompanied by a fee of twenty-five dollars to defray the costs of admimstration
of this part 5 by the department. All permits issued under this section shall expire one year
from the date of issue and shall be renewed upon compliance with the provisions of this part
5 from year to year upon payment to the department of said annual fee. Such fees shall be
collected, in accordance with the collection rules of the department of revenue, for deposit
in the state treasury to the credit of the general revenue fund. The general assembly shall
make annual appropriations from the general revenue fund for the administration of this part
5.
Source: L. 66: p. 10, § 5. C.R.S. 1963: § 120-16-5.
43-1-506. Regulations. The department may promulgate such regulations as may be
necessary concerning the issuance of such permits in order to qualify the state of Colorado
for payments made available by congress to those states that meet federal standards for
control of junkyards adjacent to its highways. The provisions of article 4 of title 24, C.R.S.,
shall not be applicable, except that section 24-4-106, C.R.S., shall apply.
Source: L. 66: p. 11, § 6. C.R.S. 1963: § 120-16-6.
43-1-507. Judicial review. Any person aggrieved by action of the department in
denying or revoking a permit may, within thirty days of the date of notice thereof, apply to
a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of
civil procedure or section 24-4-106, C.R.S.
Source: L. 66: p. 11, § 7. C.R.S. 1963: § 120-16-7.
43-1-508. Violations - penalties. Any person who violates any of the provisions of this
part 5 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine
of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation
of the provisions of this part 5 shall constitute a separate offense. In addition, and not in lieu
of or as a bar to criminal enforcement as provided in this section, the department is
authorized to institute appropriate action or proceedings to prevent or remove any junkyard
existing in violation of the provisions of this part 5.
Source: L. 66: p. 11, § 8. C.RJS. 1963: § 120-16-8.
43-1-509. Screening - removal of existing junkyards. Any junkyard in existence on
February 11, 1966, which is not in compliance with this part 5 shall, at the expense of the
Title 43 - page 59 General and Administrative 43-1-603
department, be screened, as provided by regulations, by natural objects, plantings, fences,
or other appropriate means so as not to be visible from the main-traveled way of the
highway or, at the expense of the department, shall be removed from sight. The department
is authorized to acquire, move, or relocate property, real or personal, or interests therein, by
purchase, donation, condemnation, or by exchange of other property owned by the state to
accomplish such objectives and to dispose of any property, real or personal, acquired
thereby.
Source: L. 66: p. 11, § 9. C.R.S. 1963: § 120-16-9.
Cross references: For condemnation proceedings, see articles 1 to 7 of title 38.
PART 6
TRANSPORTATION SERVICES FOR THE ELDERLY
AND FOR PERSONS WITH DISABILITIES
43-1-601. Transportation services for the elderly and for persons with disabilities.
The department of transportation and the executive director thereof are designated and
authorized to take all steps and adopt all proceedings necessary to make and enter into such
contracts or agreements as may be necessary for state application and administration of the
"Federal Transit Act", 49 U.S.C. sec. 5310, specifically designed for state operations
including grant programs for the purpose of assisting nonprofit corporations, associations,
and public bodies in making available appropriate highway transportation services for the
elderly and for persons with disabilities. In performing this work, the said department shall
consult with concerned local authorities for a productive statewide coordinated effort and
shall prepare a statewide survey showing the transportation needs of elderly and of persons
with disabilities in priority order. The commission shall budget and allocate the amounts to
be expended for such purposes in accordance with section 43-1-113.
Source: L. 77: Entire part added, p. 1933, § 1, effective July 1. L. 91: Entire section
amended, p. 1096, § 119, effective July 1. L. 92: Entire section amended, p. 1346, § 3,
effective July 1. L. 93: Entire section amended, p. 1677, § 99, effective July 1. L. 2000:
Entire section amended, p. 261, § 2, effective July 1. L. 2008: Entire section amended, p.
1916, § 136, effective August 5.
43-1-602. Department to promulgate rules. The department of transportation is
authorized to promulgate necessary rules and regulations in order to carry out the purposes
of this part 6.
Source: L. 77: Entire part added, p. 1934, § 1, effective July 1. L. 91: Entire section
amended, p. 1096, § 120, effective July 1.
Cross references: For promulgation of rules and regulations, see article 4 of title 24.
43-1-603. Participation of political subdivisions. Municipalities, counties, and spe-
cial districts organized for transportation purposes shall have the authority to enter into
contracts with and make grants to those private nonprofit entities that have been designated
as recipients of funds pursuant to the "Federal Transit Act", 49 U.S.C. sec. 5301 et seq.
Such contracts or grants may be for either operating or capital assistance.
Source: L. 77: Entire part added, p. 1934, § 1, effective July 1. L. 2007: Entire section
amended, p. 2050, § 100, effective June 1. L. 2008: Entire section amended, p. 1916,
§ 137, effective August 5.
43-1-701 Transportation Tide 43 - page 60
PART 7
PUBLIC TRANSPORTATION IN NONURBANIZED AREAS
43-1-701. Public transportation projects in nonorganized areas. The department of
transportation and the executive director thereof are designated and authorized to take all
steps and adopt all proceedings necessary to make and enter into such contracts or
agreements as may be necessary for state application and administration of the "Federal
Transit Act", 49 U.S.C. sec. 5311, designated for public transportation projects in areas
other than urbanized areas. The department of transportation shall prepare a program of
such projects for submission to the secretary of transportation, which shall provide for a fair
and equitable distribution of funds within the state and may include distributions to the
state, municipalities, counties, and special districts organized for transportation purposes.
Source: L. 79: Entire part added, p. 1594, § 1, effective June 22. L. 91: Entire section
amended, p. 1097, § 121, effective July 1. L. 2008: Entire section amended, p. 1916,
§ 138, effective August 5.
43-1-702. Rules and regulations. The department of transportation is authorized to
promulgate necessary rules and regulations in order to carry out the purposes of this part 7.
Source: L. 79: Entire part added, p. 1594, § 1, effective June 22. L. 91: Entire section
amended, p. 1097, § 122, effective July 1.
Cross references: For promulgation of rules and regulations, see article 4 of title 24.
PART 8
LOCAL RAIL SERVICE ASSISTANCE
43-1-801. State rail plan - administration and implementation - local rail service
assistance. (1) The department of transportation and the executive director thereof are
designated and authorized to:
(a) Take all steps and adopt all proceedings necessary to enter into contracts and make
agreements with the federal railroad administration, other state or federal agencies, or any
other person for state administration and implementation of section 803 of the federal
"Railroad Revitalization and Regulatory Reform Act of 1976", 49 U.S.C. sec. 1654, and
amendments thereto, which are designated for local rail service assistance, including
administration and updating of the state rail plan;
(b) Receive and accept grants, gifts, or contributions for the purposes of paragraph (a)
of this subsection (1) from the federal or state government, any other public agency, or from
any other source.
Source: L. 80: Entire part added, p. 780, § 1, effective May 6. L. 91: IP(1) amended,
p. 1097, § 123, effective July 1.
43-1-802. Financing. The general assembly shall determine the amount necessary to be
expended for the purposes of this part 8 and shall make annual appropriations as necessary
from the general fund and from revenues made available under section 43-1-801 (1) (b).
Moneys received or expended pursuant to the authorization contained in this part 8 shall be
maintained in a separate fund. Said fund shall not be considered as part of either the state
highway fund or the state highway supplementary fund. No part of this annual appropriation
shall be utilized for hazardous wastes disposal studies.
Source: L. 80: Entire part added, p. 780, § 1, effective May 6.
Title 43 - page 6 1 General and Administrative 43- 1 -902
43-1-803. Authority of executive director - acceptance and conveyance of donated
railroad right-of-way - definition. (1) The executive director of the department of
transportation, or his or her designee, is authorized to:
(a) Accept the donation of an abandoned railroad right-of-way from a railroad company
to the state;
(b) Determine if the abandoned railroad rights-of-way to be donated by railroad
companies should be accepted and the method of the conveyance;
(c) Allow the use of the railroad right-of-way for any public purpose; except that, if
such use is incompatible with the operation of a freight or passenger rail service as
determined by the director, the use incompatible with rail service shall cease when rail
service commences.
(2) The executive director may, as soon as is practicable, sell, trade, or otherwise
convey railroad rights-of-ways obtained pursuant to subsection (1) of this section to an
individual, firm, corporation, partnership, association, or other legal entity that has been
found by the executive director to be qualified to operate a freight or passenger rail service.
(3) Upon the sale of the railroad right-of-way to an individual, firm, corporation,
partnership, association, or other legal entity that has been found by the executive director
to be capable of operating a freight or passenger rail service, the executive director shall
deposit the proceeds of the sale in the state rail bank fund created in section 43-1-1309.
(4) For purposes of this section, "abandoned railroad right-of-way" means any real
property or interest in real property that is or has been owned and operated by a railroad
company for rail service upon which the surface transportation board or other responsible
federal agency has permitted discontinuance of service and disposal of the real property or
interest in the real property. "Abandoned railroad right-of-way*' includes any fixtures to the
real property, including railroad tracks, that are used or useable in rail service.
Source: L. 97: Entire section added, p. 1617, § 1, effective June 4. L. 2009: (2)
amended, (SB 09-094), ch. 280, p. 1252, § 5, effective May 20.
PART 9
TRANSIT PLANNING IN AREAS WITH POPULATION UNDER 200,000
43-1-901. Transit planning. The department of transportation and the executive
director thereof are hereby designated and authorized to take all steps and adopt all
procedures necessary to make and enter into such contracts or agreements as are necessary
for state application and administration of the "Federal Transit Act", 49 U.S.C. sec. 5304.
The department of transportation shall develop a procedure in conjunction with affected
counties, municipalities, and other public bodies, which procedure shall provide for a fair
and equitable distribution of funds pursuant to 49 U.S.C. sec. 5304 within the state. The
department of transportation shall develop a procedure in cooperation with affected
metropolitan planning organizations, which procedure shall provide for a fair and equitable
distribution of section 8 funds within the state.
Source: L. 83: Entire part added, p. 1663, § 1, effective June 15. L. 91: Entire section
amended, p. 1097, § 124, effective July 1. L. 92: Entire section amended, p. 1346, § 4,
effective July 1. L. 2008: Entire section amended, p. 1916, § 139, effective August 5.
43-1-902. Rules and regulations. The department of transportation is authorized to
promulgate necessary rules and regulations in order to carry out the provisions of this part
9.
Source: L. 83: Entire part added, p. 1663, § 1, effective June 15. L. 91: Entire section
amended, p. 1097, § 125, effective July 1.
Cross references: For promulgation of rules and regulations, see article 4 of title 24.
43-1-1001 Transportation Title 43 - page 62
PART 10
ADMINISTRAnON OF FUNDS UNDER THE FEDERAL "URBAN MASS
TRANSPORTATION ACT OF 1964", AS AMENDED
43-1-1001. Urban mass transportation grants. (1) The department of transporta-
tion and the executive director thereof are hereby designated and authorized to take all steps
and adopt all procedures necessary to make and enter into such contracts or agreements as
are necessary for the state application and administration of any funds made available under
the "Federal Transit Act", codified at 49 U.S.C. sec. 5301 et seq.
(2) The authority contained in subsection (1) of this section shall not apply to federal
grant funds where there exists a designated recipient for such funds, and funds made
available under the "Federal Transit Act", 49 U.S.C. sec. 5309, within the Denver regional
transportation district, and funds for other projects in urbanized areas with populations in
excess of two hundred thousand persons, except as provided in sections 43-1-601 and
43-1-901.
Source: L. 89: Entire part added, p. 1630, § 1, effective April 12. L. 91: (1) amended,
p. 1098, § 126, effective July 1. L. 92: (2) amended, p. 1346, § 5, effective July 1. L. 99:
(2) amended, p. 543, § 2, effective May 5. L. 2005: (2) amended, p. 291, § 45, effective
August 8. L. 2006: (2) amended, p. 1514, § 82, effective June 1. L. 2008: Entire section
amended, p. 1917, § 140, effective August 5.
>
43-1-1002. Rules and regulations. The state department of transportation is authorized
to promulgate such rules and regulations as may be necessary to carry out the provisions of
this part 10.
Source: L. 92: Entire section added, p. 1347, § 6, July 1.
Cross references: For promulgation of rules and regulations, see article 4 of title 24.
PART 11
TRANSPORTATION PLANNING
43-1-1101. Legislative declaration. The general assembly hereby finds and declares
that local government involvement in transportation planning is critical to the overall
statewide transportation planning process. The general assembly recognizes that regional
planning commissions and transportation planning regions are the proper forum for
transportation planning and that the county hearing process is the proper forum for local
government input into the five-year program of projects. However, the general assembly
also recognizes that state involvement in transportation planning, through the department of
transportation, is equally critical to overall statewide planning, and the general assembly
recognizes the department of transportation as the proper body, in cooperation with regional
planning commissions and local government officials, for developing and maintaining the
state transportation planning process and the state transportation plan.
Source: L. 91: Entire part added, p. 1042, § 2, effective July 1.
ANNOTATION
No manifest or irreconcilable conflict be- planning and construction of highways, the ex-
tween statutory provisions governing areas ercise of this authority does not require that
and activities of state interest and statutory CDOT be free of every conceivable regulation
provisions contained in this title. Although this under this article. Indeed, this title and article
title vests the Colorado department of transpor- 65.1 of title 24 are easily reconciled because the
tation (CDOT) with broad authority over the schemes advance compatible goals. Although
Title 43 - page 63
General and Administrative
43-1-1103
CDOT has the final word over the state's trans-
portation plan, under § 43-1-1103 (5)(b), it
must consider local concerns "including exam-
ination of the impact of land use decisions on
transportation needs and the exploration of op-
portunities for preservation of transportation
corridors". Similarly, consistent with § 24-
65.1-204 (5)(c), local governments must exer-
cise their regulatory powers in a manner that
does not conflict with state transportation plans.
Dept of Transp. v. City of Idaho Springs, 192
P.3d 490 (Colo. App. 2008).
No express or implied preemption by state
of dry's ability to regulate transportation
planning or construction under statutory
provisions governing areas and activities of
state interest With respect to express preemp-
tion argument, contrary to CDOT's argument,
this section does not express an unequivocal
intent to preempt all local regulation of trans-
portation issues. The statute does not foreclose
all regulation; it remains open to the possibility
that the statewide planning process will leave
some questions unresolved and that local gov-
ernments may decide those matters by regula-
tion. With respect to implied preemption, the
court cannot conclude that CDOT was meant to
occupy the entire field of transportation plan-
ning when the legislature has indicated that local
governments may regulate the site selection of
airports, transit terminals, and highways.
CDOT's role in transportation planning does not
necessarily conflict with, or dominate, the city's
interest in preserving the use and value of land
Dept. of Transp. v. City of Idaho Springs, 192
P.3d 490 (Colo. App. 2008).
43-M102. Definitions. For the purposes of this part 11, unless the context otherwise
requires:
(1) "Comniittee" means the transportation advisory committee created by section
43-1-1104.
(2) "County hearing process" means the process of review of highway projects in
counties performed by the department.
(3) "Department" means the department of transportation.
(3.5) "Metropolitan area" means the area determined by agreement between a metro-
politan planning organization and the governor pursuant to 23 U.S.C. sec. 134.
(4) "Metropolitan planning organization'* means a metropolitan planning organization
under the "Federal Transit Act", codified at 49 U.S.C. sec. 5301 et seq.
(5) "Regional planning commission" means a regional planning commission formed
under the provisions of section 30-28-105, C.R.S.
(6) "Regional transportation plan" means a technically based, long-range, future
mobility needs assessment for any planning and management region.
(7) "State plan" means the comprehensive statewide transportation plan formed by the
commission pursuant to the provisions of section 43-1-1103 (5).
(8) (a) "Transportation planning region" means a region of the state as defined by the
rule or regulation process required by section 43-1-1 103 (5). The maximum number of such
regions shall be fifteen unless such number is increased pursuant to paragraph (b) of this
subsection (8).
(b) Each metropolitan planning organization's metropolitan area shall, at a minimum,
comprise a transportation planning region. If any new metropolitan planning organization
is designated on or after January 1, 1998, the maximum allowable number of transportation
planning regions under paragraph (a) of this subsection (8) shall be increased by one region
for each such new metropolitan planning organization.
Source: L. 91: Entire part added, p. 1042, § 2, effective July 1. L. 98: (3.5) added and
(7) amended, p. 462, § 1, effective April 21. L. 2007: (1) and (4) amended, p. 2050, § 101,
effective June 1. L. 2008: (4) amended, p. 1917, § 141, effective August 5.
Editor's note: Subsection (7) was originally numbered as subsection (8) and subsection (8) was
originally numbered as subsection (7) in House Bill 91-1198, Session Laws of Colorado 1991, chapter
188, section 1, but those subsections were renumbered on revision in 1999 for proper placement
43-1-1103. Transportation planning. (1) A twenty-year transportation plan shall be
required for each transportation planning region that includes the metropolitan area of a
metropolitan planning organization. Other transportation planning regions may, through
intergovernmental agreements defined in section 30-28-105, C.R.S., prepare and submit
43-1-1103 Transportation Title 43 - page 64
such a transportation plan. A regional transportation plan shall include, but shall not be
limited to, the following:
(a) Identification of transportation facilities and services, including expansion or im-
provement of existing facilities and services, required to meet the estimated demand for
transportation in the region over the twenty-year period;
(b) Time schedules for completion of transportation projects which are included in the
transportation plan;
(c) Additional funding amount need and identification of anticipated funding sources;
(d) Expected environmental, social, and economic impacts of the recommendations
contained in the transportation plan, including an objective evaluation of the full range of
reasonable transportation alternatives, including traffic system management options, travel
demand management strategies and other transportation modes, as well as improvements to
the existing facilities and new facilities, in order to provide for the transportation and
environmental needs of the area in a safe and efficient manner; and
(e) Shall assist other agencies in developing transportation control measures for utili-
zation in accordance with state and federal statutes or regulations, and the state implemen-
tation plan, and shall identify and evaluate measures that show promise of supporting clean
air objectives.
(2) A regional transportation plan shall state the fiscal need to maintain mobility and
what can be reasonably expected to be implemented with the estimated revenues which are
likely to be available.
(3) (a) Any regional planning commissions formed for the purpose of conducting
regional transportation planning or any transportation planning region shall be responsible,
in cooperation with the state and other governmental agencies, for carrying out necessary
continuing, cooperative, and comprehensive transportation planning for the region repre-
sented by such commission and for the purpose of meeting the requirements of subsection
(4) of this section.
(b) In the absence of a locally generated regional transportation plan by a duly formed
regional planning commission, the department shall include these areas in the statewide
transportation plan and shall be responsible for the appropriate level of planning and
analysis to incorporate the needs and recommendations of the region in an equitable and
consistent manner with other regions of the state.
(4) The regional transportation plan for any region may recommend the priority for any
transportation improvements planned for such region. The commission shall consider the
priorities contained in such plan in making decisions concerning transportation improve-
ments.
(5) The department shall integrate and consolidate the regional transportation plans for
the transportation planning regions into a comprehensive statewide transportation plan. The
formation of such state plan shall be accomplished through a statewide planning process set
by rules and regulations promulgated by the commission. The state plan shall address but
shall not be limited to the following factors:
(a) An emphasis on multi-modal transportation considerations, including the connec-
tivity between modes of transportation;
(b) An emphasis on coordination with county and municipal land use planning,
including examination of the impact of land use decisions on transportation needs and the
exploration of opportunities for preservation of transportation corridors;
(c) The development of areawide multi-modal management plans in coordination with
the process of developing the elements of the state plan;
(d) The targeting of infrastructure investments, including preservation of the existing
transportation system commonly known as "fixing it first** to support the economic vitality
of the state and region;
(e) Safety enhancement;
(f) Strategic mobility and multimodal choice;
(g) The support of urban or rural mass transit;
(h) Environmental stewardship;
Title 43 -page 65
General and Administrative
43-1-1104
(i) Effective, efficient, and safe freight transport; and
(j) Reduction of greenhouse gas emissions.
(6) Repealed.
Source: L. 91: Entire part added, p. 1043, § 2, effective July 1. L. 94: (6) added, p.
1820, § 8, effective June 1. L. 97: (6) repealed, p. 161, § 3, effective March 28. L. 98:
IP(1) amended, p. 463, § 2, effective April 21. L. 2009: IP(5) amended and (5)(d), (5)(e),
(5)(f), (5)(g), (5)(h), (5)(i), and (5)0) added, (SB 09-108), ch. 5, p. 54, § 15, effective
March 2.
ANNOTATION
No manifest or irreconcilable conflict be-
tween statutory provisions governing areas
and activities of state interest and statutory
provisions contained in this title. Although this
title vests the Colorado department of transpor-
tation (CDOT) with broad authority over the
planning and construction of highways, the ex-
ercise of this authority does not require that
CDOT be free of every conceivable regulation
under this article. Indeed, this title and article
65.1 of title 24 are easily reconciled because the
schemes advance compatible goals. Although
CDOT has the final word over the state's trans-
portation plan, under subsection (5)(b), it must
consider local concerns "including examination
of the impact of land use decisions on transpor-
tation needs and the exploration of opportunities
for preservation of transportation corridors".
Similarly, consistent with § 24-65.1-204 (5)(c),
local governments must exercise their regula-
tory powers in a manner that does not conflict
with state transportation plans. Dept. of Transp.
v. City of Idaho Springs, 192 P.3d 490 (Colo.
App. 2008).
No express or implied preemption by state
of dry's ability to regulate transportation
planning or construction under statutory
provisions governing areas and activities of
state interest With respect to express preemp-
tion argument, contrary to CDOT's argument,
§ 43-1-1101 does not express an unequivocal
intent to preempt all local regulation of trans-
portation issues. The statute does not foreclose
all regulation; it remains open to the possibility
that the statewide planning process will leave
some questions unresolved and that local gov-
ernments may decide those matters by regula-
tion. With respect to implied preemption, the
court cannot conclude that CDOT was meant to
occupy the entire field of transportation plan-
ning when the legislature has indicated that local
governments may regulate the site selection of
airports, transit terminals, and highways.
CDOT's role in transportation planning does not
necessarily conflict with, or dominate, the city's
interest in preserving the use and value of land.
Dept. of Transp. v. City of Idaho Springs, 192
P.3d 490 (Colo. App. 2008).
43-1-1104. Transportation advisory committee. (1) (a) A transportation advisory
committee is hereby created. The committee is to be composed of one representative from
each transportation planning region. If a regional planning commission has been formed in
a transportation planning region, the chairman of such commission or the chairman's
designee shall be the representative for the region on the committee. If any transportation
planning region has not formed a regional planning commission, then the representative
shall be chosen by the boards of county commissioners of the counties contained in such
region in consultation with officials of the municipalities contained in such region.
(b) No later than three months after May 20, 2009, the executive director, in consul-
tation with the commission, shall appoint a special interim transit and rail advisory
committee to specifically advise the commission and the executive director regarding the
initial focus of the transit and rail division created in section 43-1-117.5 and to recommend
a long-term advisory structure, including the advisory structure's purpose and role, in
support of the transit and rail-related functions of the department. The special interim transit
and rail advisory committee shall include such representatives of industries and other
groups interested in transit and rail issues and such other individuals as the executive
director, in consultation with the commission, deems appropriate; except that the committee
shall include, at a minimum, one or more:
(I) Representatives of transit operators;
(II) Representatives of class I railroads;
(III) Representatives of short line railroads; and
43-1-1105 Transportation Title 43 - page 66
(IV) Representatives of entities or interest groups involved in the promotion, planning,
or development of passenger rail systems.
(2) The committee shall provide advice to the department on the needs of the trans-
portation systems in Colorado and shall review and comment on all regional transportation
plans submitted for the transportation planning regions. The activities of the committee
shall not be construed to constrain or replace the county hearing process.
Source: L. 91: Entire part added, p. 1044, § 2, effective July 1. L. 2009: (1) amended,
(SB 09-094), ch. 280, p. 1251, § 4, effective May 20; (1) amended, (SB 09-292), ch. 369,
p. 1985, § 129, effective August 5.
Editor's note: Amendments to subsection (1) by Senate Bill 09-094 and Senate Bill 09-292 were
harmonized.
43-1-1105. Metropolitan planning commissions. The provisions of this part 11 shall
not be construed to replace or interfere with the duties of metropolitan planning organiza-
tions.
Source: L. 91: Entire part added, p. 1045, § 2, effective July 1. L. 2007: Entire section
amended, p. 2050, § 102, effective June 1.
PART 12
PUBLIC-PRIVATE INITIATIVES PROGRAM
Cross references: For the legislative declaration contained in the 1995 act enacting this part 12, see
section 1 of chapter 90, Session Laws of Colorado 1995.
43-1-1201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) "Private contribution" means the supply by a private entity of resources to
accomplish all or any part of the work on a transportation system project, including funds,
financing, income, revenue, cost sharing, technology, staff, equipment, expertise, data, or
engineering, construction, or maintenance services.
(2) "Public benefit" means a department grant of a right or interest in or concerning a
transportation system project, including:
(a) A lease or easement in, under, or above a state highway right-of-way, notwithstand-
ing section 43-1-210;
(b) Any use of state highway right-of-way that does not impair highway operation or
safety, notwithstanding section 43-3-101 (3);
(c) All or part of any revenue or income resulting from the private use of a state
highway right-of-way;
(d) A money payment for services from available funds; and
(e) Any other benefit that is specifically authorized by law.
(3) "Public-private initiative" means a nontraditional arrangement between the depart-
ment and one or more private or public entities that provides for:
(a) Acceptance of a private contribution to a transportation system project or service in
exchange for a public benefit concerning that project or service other than only a money
payment;
(b) Sharing of resources and the means of providing transportation system projects or
services; or
(c) Cooperation in researching, developing, and implementing transportation system
projects or services.
(4) "Retail goods and services" means all goods and services sold to the public other
than communications services.
(5) "Transportation system" means the state transportation infrastructure and related
systems, including highways and toll roads open to the public and associated rights-of-way,
Title 43 - page 67 General and Administrative 43-1-1 202
bridges, vehicles, equipment, park and ride lots, transit stations, transportation management
systems, intelligent vehicle highway systems, and other ground transportation systems.
(6) "Unsolicited proposal" means a written proposal for a public-private initiative that
is submitted by a private entity for the purpose of entering into an agreement with the
department but that is not in response to a formal solicitation or request issued by the
department
Source: L. 95: Entire part added, p. 255, § 2, effective April 17. L. 2006: (5) amended,
p. 239, § 2, effective March 31.
43-1-1202. Department powers. (1) Notwithstanding any other law, the department
may:
(a) Solicit and consider proposals, enter into agreements, grant benefits, and accept
contributions for public-private initiatives pursuant to this part 12 concerning any of the
following:
(I) Use of advanced transportation technologies for traveler information services;
(II) Systems for road weather information, safety warning, advanced traffic manage-
ment, information broadcasting, real-time transit information, route finding and vehicle
navigation, and collision avoidance;
(ifi) Hazardous and nonhazardous incident detection, response, and removal and
facilitation of emergency medical response;
(IV) Promotion of private investment in traffic operations centers, use of telecommu-
nications, use of telecommuting to reduce transportation demand, conversion of defense
technologies to civilian transportation uses, operational efficiency on urban and rural roads,
and electronic payment for transportation services;
(V) Voluntary emissions testing and mitigation;
(VI) Ride matching and reservation in support of demand management;
(VET) Safety monitoring systems;
(VIQ) Commercial fleet management and electronic clearance of ports of entry;
(DC) Development of national standards and protocols for intelligent transportation
systems;
(X) Design, financing, construction, operation, maintenance, and improvement of toll
roads open to the public and turnpike projects within the state pursuant to part 2 of article
3 of this title;
(XI) The specific information and tourist-oriented directional sign programs authorized
in section 43-1-420. The department may provide by contract for private businesses to pay
a reasonable fee to the department to reflect the cost of the use of highway rights-of-way
and the department's costs of administering the program.
(XII) Codevelopment of transportation transfer facilities, as defined in section 43-1-
1501 (3), including transfer facilities that provide retail goods and services by private
entities; and
(KM) Design, financing, construction, operation, maintenance, or improvement of a
high occupancy toll lane described in section 42-4-1012 (1), C.R.S.
(b) Solicit proposals for public-private initiatives as competitive sealed proposals
pursuant to section 24-103-203, C.R.S.;
(c) Consider and accept unsolicited proposals pursuant to section 43-1-1203;
(d) Grant a public benefit in or concerning a transportation system project in exchange
for a private contribution to that project, but the term of any lease, easement, or franchise
granted by the department as a public benefit under this part 12 shall:
(I) Reasonably relate to the value of the private contribution as determined by the
department; and
(II) Not exceed ninety-nine years;
(e) Accept a private contribution to a transportation system project;
(f) Exercise any power of the department authorized by law to facilitate the develop-
ment and performance of public-private initiatives, including but not limited to the
department's power of eminent domain for the purpose of acquiring property and rights-
of-way necessary for the completion of a toll road or toll highway open to the public that
43-1-1203 Transportation Title 43 - page 68
is incorporated into the statewide transportation plan prepared pursuant to section 43-1-
1103 (5).
(2) Services shall not be provided under this part 12 unless they are consistent and
compatible with the use and zoning of the land adjacent to the right-of-way.
(3) Retail goods and services shall not be authorized under this part 12. This subsection
(3) shall not prohibit:
(a) Retail goods and services existing on April 17, 1995;
(b) Any vending facilities defined in section 26-8.5-101, C.R.S.;
(c) The provision of retail goods and services at transfer facilities authorized under part
15 of this article.
Source: L. 95: Entire part added, p. 256, § 2, effective April 17. L. 96: (l)(a)(Vm) and
(l)(a)(IX) amended and (l)(a)(X) added, p. 467, § 10, effective April 23. L. 98: (l)(a)(XI)
added, p. 167, § 3, effective August 5. L. 99: (l)(a)(Xn) added and (3) amended, p. 262,
§§ 3, 4, effective April 9; (l)(a)(XDI) added, p. 1321, § 2, effective August 4. L. 2006:
(l)(a)(X) and (l)(f) amended, p. 239, § 3, effective March 31.
Cross references: For the legislative declaration contained in the 1998 act enacting subsection
(l)(a)(XI), see section 1 of chapter 65, Session Laws of Colorado 1998; for the legislative declaration
contained in the 1999 act enacting subsection (l)(a)(XH) and amending subsection (3), see section 1
of chapter 88, Session Laws of Colorado 1999.
43-1-1203. Unsolicited and comparable proposals. (1) The department may con-
sider, evaluate, and accept an unsolicited proposal for a public-private initiative only if the
proposal complies with all of the requirements of this section.
(2) The department may consider an unsolicited proposal only if the proposal:
(a) Is innovative and unique;
(b) Is independently originated and developed by the proposer;
(c) Is prepared without department supervision;
(d) Is not an advance proposal for a known department requirement that can be
acquired by competitive methods unless:
(I) The department has not established a timetable for satisfying the known requirement
in either the state plan, as such term is defined in section 43-1-1102 (7), or the statewide
transportation improvement program that is the short-range element of the state plan; or
(II) The proposal is likely to significantly shorten a timetable for satisfying the known
requirement established in the state plan or the statewide transportation improvement
program; and
(e) Includes sufficient detail and information for the department to evaluate the
proposal in an objective and timely manner and to determine if the proposal benefits the
department.
(2.5) Paragraphs (b) and (c) of subsection (2) of this section shall not be deemed to
prohibit the department from encouraging the submission of unsolicited proposals that are
well-developed and consistent with the department's general policy priorities by providing
written or oral information to any person regarding the policy priorities or the requirements
and procedures for submitting an unsolicited proposal.
(3) If the unsolicited proposal does not comply with the requirements of subsection (2)
of this section, the department shall return the proposal without further action. If the
unsolicited proposal complies with all the requirements of subsection (2) of this section, the
department may further evaluate the proposal pursuant to this section.
(4) The department shall base its evaluation of the unsolicited proposal on the follow-
ing factors:
(a) Unique and innovative methods, approaches, or concepts demonstrated by the
proposal;
(b) Scientific, technical, or socioeconomic merits of the proposal;
(c) Potential contribution of the proposal to the department's mission;
Title 43 - page 69 General and Administrative 43-1-1204
(d) Capabilities, related experience, facilities, or techniques of the proposer or unique
combinations of these qualities that are integral factors for achieving the proposal objec-
tives;
(e) Qualifications, capabilities, and experience of the proposed principal investigator,
team leader, or key personnel who are critical in achieving the proposal objectives; and
(f) Any other factors appropriate to a particular proposal.
(5) The department may accept an unsolicited proposal only if:
(a) The unsolicited proposal receives a favorable evaluation; and
(b) The department makes a written determination based on facts and circumstances
that the unsolicited proposal is an acceptable basis for an agreement to obtain services either
without competition or after the actions are taken pursuant to subsection (6) of this section,
as applicable.
(6) If the unsolicited proposal requires the department to spend public moneys in an
amount that is reasonably expected to exceed fifty thousand dollars in the aggregate for any
fiscal year, including an unsolicited proposal for a public project as defined in section
24-92-102 (8), C.R.S., the department shall take the following actions, except as otherwise
provided in subsection (7) of this section, before accepting the unsolicited proposal:
(a) Provide public notice that the department will consider comparable proposals. The
notice shall:
(I) Be given at least fourteen days prior to the date set forth therein for the opening of
proposals, pursuant to rules. Such notice may include publication in a newspaper of general
circulation at least fourteen days prior to considering comparable proposals.
(H) Be provided to any person or entity that expresses, in writing to the department, an
interest in a public-private initiative that is similar in nature and scope to the unsolicited
proposal;
(III) Outline the general nature and scope of the unsolicited proposal, including the
location of the transportation system project, the work to be performed on the project, and
the terms of any private contributions offered and public benefits requested concerning the
project;
(IV) Request information to determine if the proposer of a comparable proposal has the
necessary experience and qualifications to perform the public-private initiative; and
(V) Specify the address to and the date by which the comparable proposals must be
submitted, allowing a reasonable time to prepare and submit the proposals;
(b) Determine, in its discretion, if any submitted proposal is comparable in nature and
scope to the unsolicited proposal and warrants further evaluation;
(c) Evaluate each comparable proposal, taking relevant factors into consideration; and
(d) Conduct good faith discussions and, if necessary, negotiations concerning each
comparable proposal.
(7) The actions required by subsection (6) of this section do not apply to an unsolicited
research proposal if the department reasonably determines that the actions would improp-
erly disclose either the originality of the research or proprietary information associated with
the research proposal.
(8) The department may accept a comparable proposal submitted pursuant to subsec-
tion (6) of this section if the department determines that the comparable proposal is the most
advantageous to the state in comparison to an unsolicited proposal or other submitted
proposals.
(9) If the unsolicited proposal is accepted or if a comparable proposal is accepted
pursuant to subsection (8) of this section, the department shall use the proposal as the basis
for negotiation of an agreement.
(10) The department's procurement officer or the procurement officer's designee has
the authority to make the determinations and take the actions required by this section.
Source: L. 95: Entire part added, p. 257, § 2, effective April 17. L. 2001: (2Xd)
amended and (2.5) added, p. 1085, § 1, effective August 8.
43-1-1204. Public-private initiative agreement (1) The department shall enter into
an agreement for each public-private initiative.
43-1-1205 Transportation Title 43 - page 70
(2) The department shall include terms and conditions in the agreement that it deter-
mines are appropriate in the public interest and to protect highway and traffic safety.
(3) The agreement may provide that:
(a) The private entity may pledge the transportation system project or the right-of-way
involved in the transportation system project if the project or right-of-way is entirely funded
by private moneys and the department determines mat such a pledge is in the public interest.
The private entity shall not pledge or cause a hen to be created on a transportation system
project or a right-of-way involved in a transportation system project if public funds were
used to purchase the project or right-of-way or the department owns the project or
right-of-way.
(b) The private entity owns the highway and right-of-way involved in the transportation
system project if the project or right-of-way is entirely funded by private moneys and the
department determines that such ownership is in the public interest. The department may
not transfer ownership of a transportation system project or a right-of-way involved in a
transportation system project if public funds were used to purchase the project or right-of-
way or the department owns the project or right-of-way.
(4) Notwithstanding the fact that the department enters into an agreement for a
public-private initiative, the department is not a partner or a joint venturer with the private
entity for any purpose.
(5) The department shall not enter into any exclusive arrangement, lease, or other
agreement for use of the public rights-of-way by a telecommunications provider mat in any
way discriminates or prevents a similar arrangement being made with any other telecom-
munications provider. All leases of rights-of-way to telecommunications providers must be
done on a nondiscriminatory same-term basis. If a telecommunications provider compen-
sates the state in other than cash, a cash equivalent value must be imputed and attached to
the agreement, and any other telecommunications provider may have equal access to the
right-of-way for the cash equivalent. The cash equivalent shall be an estimate of the fair
market value of the service or product provided to the state, and a telecommunications
provider may ask a court of competent jurisdiction to review the imputed monetary amount
which the court may lower to the reasonable fair market value if necessary.
Source: L. 95: Entire part added, p. 259, § 2, effective April 17. L. 98: (3) amended,
p. 447, § 12, effective August 5.
Cross references: For the legislative declaration contained in the 1998 act amending subsection
(3), see section 1 of chapter 154, Session Laws of Colorado 1998.
43-1-1205. Revenue - disposition - use. The department shall deposit any private
contribution of money and any department share of revenue or income resulting from a
transportation system project, if any, in the state highway supplementary fund created in
section 43-1-219. The department shall use the contributed moneys for transportation
purposes.
Source: L. 95: Entire part added, p. 260, § 2, effective April 17.
43-1-1206. Rules. The transportation commission created pursuant to section 43- 1 - 1 06
shall adopt rules that it determines are necessary or appropriate to implement this part 12,
including rules on the solicitation and evaluation of public-private initiatives, initiative
agreements, private contributions, public benefits to be granted in exchange for contribu-
tions, and the receipt, content, and proper handling of unsolicited or comparable proposals
for transportation system projects.
Source: L. 95: Entire part added, p. 260, § 2, effective April 17.
Title 43 - page 71 . General and Administrative 43-1-1301
43-1-1207. Applicability - public highway use by public and private entities. This
part 12 is subject to applicable state and federal laws to the extent that such laws authorize
the use of public highways by any public or private entity.
Source: L. 95: Entire part added, p. 260, § 2, effective April 17.
43-1-1208. Repeal of part (Repealed)
Source: L. 95: Entire part added, p. 261, § 2, effective April 17. L. 98: Entire section
repealed, p. 447, § 11, effective August 5.
Cross references: For the legislative declaration contained in the 1998 act repealing this section,
see section 1 of chapter 154, Session Laws of Colorado 1998.
43-1-1209. Notice of investment opportunities. (1) The department or the private
entity responsible for funding a public-private initiative under this part 12 may forward the
agreement and a description of the investment opportunity for such initiative to any of the
following for consideration under their respective statutory authority:
(a) The board of trustees of the public employees' retirement association created under
section 24-51-202, C.R.S.;
(b) Repealed.
(c) The board of directors of the fire and police pension association, as defined in
section 31-31-102 (2), C.R.S.;
(d) The boards of trustees of the firefighters' and police officers' old hire pension funds,
as defined in section 31-30.5-102 (1.5), C.R.S.;
(e) The board of trustees of the volunteer firefighter pension fund, as defined in section
31-30-1102 (1), C.R.S.;
(f) Repealed.
(g) The board of directors of the university of Colorado hospital authority, as defined
in section 23-21-502 (2), C.R.S.;
(h) The state treasurer for consideration under section 23-20-117.5, C.R.S.;
(i) The county boards of retirement, as described in section 24-54-107, C.R.S.;
(j) The governing boards of state colleges and universities, as defined in sections
24-54.5-102 (5) and 24-54.6-102 (4), C.R.S.; and
(k) Any employer who has established a defined contribution plan.
Source: L. 98: Entire section added, p. 442, § 2, effective August 5. L. 2001: (l)(a)
amended, p. 1286, § 75, effective June 5. L. 2009: (l)(b) repealed, (SB 09-066), ch. 73,
p. 260, § 25, effective July 1; (l)(d) amended, (HB 09-1030), ch. 16, p. 92, § 5, effective
August 5. L. 2010: (l)(f) repealed, (HB 10-1422), ch. 419, p. 2125, § 187, effective
August 11.
Cross references: For the legislative declaration contained in the 1998 act enacting this section, see
section 1 of chapter 154, Session Laws of Colorado 1998.
PART 13
ACQUISITION OF ABANDONED RAILROAD RIGHTS-OF-WAY
43-1-1301. Legislative declaration - intent (1) The general assembly hereby finds
and declares that the abandonment of railroad rights-of-way and the resulting loss of
railroad service and established railroad corridors will have an adverse impact on the
citizens of the state of Colorado. The general assembly further declares that the preservation
of these abandoned railroad corridors, before the lines are dismantled and salvaged, is
necessary to ensure the continued availability of these corridors for freight or passenger rail
service or other public uses should no rail service operator be immediately available.
43-1-1302 Transportation Title 43 - page 72
(2) The general assembly hereby finds and declares that the preservation of railroad
service and railroad rights-of-way benefits the transportation system and the economy of the
state. The general assembly further finds and declares that the loss of railroad service and
of railroad rights-of-way threaten the potential future use of established railroad corridors
for transportation purposes if the rail lines or rights-of-way are allowed to be abandoned or
sold for purposes other than transportation.
(3) It is the intent of the general assembly by enacting this part 13 to establish and
endorse policies to encourage the continued use of existing rail lines, preserve lines and
rights-of-way, and promote the future use of railroad rights-of-way for transportation and
interim recreational purposes.
(4) If a rail line or right-of-way proposed for abandonment is being considered for
acquisition by the state for transportation purposes, which may include interim recreational
purposes, the regional planning commissions, acting on behalf of the transportation
planning regions, shall assist the state in determining appropriate uses of such rail line or
right-of-way. The department and the regional planning commissions shall include in their
deliberations representatives from each of the following interests, if such interests are not
already represented: Private property owners, recreation and environmental interests, the
department of local affairs, and the department of natural resources.
Source: L. 97: Entire part added, p. 1618, § 2, effective June 4.
43-1-1302. Definitions. As used in this part 13, unless the context otherwise requires:
(1) "Interim recreational purposes" means a use for hiking, biking, equestrian, or
similar recreational use which does not prevent the restoration and reconstruction of the
right-of-way for railroad or other transportation purposes.
(2) "Railroad right-of-way" means any real property or interest in real property that is
or has been owned by a railroad company as the site, or is adjacent to the site, of an existing
or former rail line, including fixtures such as railroad tracks, that may be used or are usable
to continue rail service.
(3) "TLRC" means the transportation legislation review committee created in section
43-2-145.
Source: L. 97: Entire part added, p. 1619, § 2, effective June 4.
43-1-1303. Duties of the executive director - TLRC approval - property eligible for
acquisition. (1) An existing rail line or railroad right-of-way or an abandoned railroad
right-of-way is eligible for acquisition by the department if the executive director deter-
mines that it serves or may serve any one or more of the following purposes:
(a) Preservation of the rail line for freight or passenger service;
(b) Maintenance of a rail corridor or railroad right-of-way for future transportation
purposes or interim recreational purposes;
(c) Access to surrounding state manufacturing facilities, agricultural areas, or other
locales that may be adversely affected by the loss of rail service or loss of the railroad
corridor; or
(d) Any public use of the rail line or railroad right-of-way that is compatible with the
future use as a railroad or other transportation system as transportation is defined in section
43-1-102.
(2) The commission shall review any property determined to be eligible for acquisition
and approve the acquisition before the executive director submits the prioritized list of rail
lines or rights-of-way to be acquired to the TLRC pursuant to subsection (3) of this section.
(3) The executive director shall submit a prioritized list with recommendations to the
TLRC concerning the railroad rights-of-way or rail lines proposed to be acquired by the
state and their proposed uses.
(4) The executive director may accept gifts, grants, and donations for purposes of this
part 13, and any moneys so received shall be deposited with the state treasurer to be credited
to the state rail bank fund created in section 43-1-1309.
Source: L. 97: Entire part added, p. 1619, § 2, effective June 4.
Title 43 - page 73 General and Administrative 43-1-1306
43-1-1304. Notice of rail line or right-of-way availability. Whenever an owner of a
rail line or railroad right-of-way intends to dispose of such property, the owner shall notify
the executive director of such intention in writing. The executive director shall, within thirty
days after the receipt of such notice, inform all departments of the state of Colorado, the
metropolitan or regional transportation authorities, and cities, counties, and towns where the
property or a portion thereof is located of the owner's intention to dispose of the rail line
or right-of-way. The state and any metropolitan or regional transportation authority, cities,
counties, and towns affected by the intended disposal shall have ninety days after the
announcement of the intended disposal in which to contact the owner in writing to express
an interest in acquiring the property or preserving rail service. If the owner receives written
notice within the ninety-day period after the announcement of the intended disposal, the
owner shall provide such public entities the opportunity to purchase the rail line or
right-of-way.
Source: L. 97: Entire part added, p. 1620, § 2, effective June 4.
43-1-1305. Acquisition for state rail bank. (1) The department, subject to section
43-1-1303, may acquire by purchase all or part of any eligible rail line or right-of-way made
available as provided in this part 13. Rail lines and rights-of-way purchased by the
department pursuant to this part 13 shall constitute the state rail bank.
(2) Prior to any acquisition of a rail line or right-of-way pursuant to this part 13 or
section 43-1-803, the department shall prepare an environmental audit of the property and
shall consider the environmental condition of the property in its acquisition.
(3) The commission shall review any property determined to be eligible for acquisition
and approve the acquisition before the executive director submits the prioritized list of rail
line or right-of-way to be acquired to the TLRC pursuant to section 43-1-1303 (3).
(4) Repealed.
Source: L. 97: Entire part added, p. 1620, § 2, effective June 4. L. 98: (4) added, p.
496, § 1, effective April 22. L. 99: (4)(c)(I), (4Xe), and (4)(f) amended, p. 544, § 3,
effective May 5. L. 2002: (4)(e) amended, p. 262, § 1, effective August 7.
Editor's note: Subsection (4)(f) provides for the repeal of subsection (4), effective upon the date
the revisor of statutes receives notice from the department of transportation that the Towner railroad
line has been sold or abandoned. The revisor of statutes was notified on December 15, 2011, that the
Towner line had been sold, effective October 4, 2011. (See L. 99, p. 544.)
43-1-1306. Disposition of state rail bank property. (1) The executive director shall
maintain property within the state rail bank, including weed control, in a manner that
minimizes maintenance costs and provides a benefit to the state. The executive director shall
assume the responsibilities of the abandoning railroad company for the construction and
maintenance of fencing of abandoned rail lines or railroad rights-of-way within the state rail
bank; except that, where no agreement exists, then no requirement for fencing shall be
imposed.
(2) The executive director may make property in the state rail bank available for interim
recreational purposes, but such interim recreational use shall not limit the ability to restore
or reconstruct the property for railroad service or other transportation services.
(3) The executive director may provide a first right of refusal to purchase or lease any
rail line or railroad right-of-way held in the state rail bank to metropolitan or regional
transportation authorities, cities, towns, counties, or transit agencies if those entities have
first undertaken and approved a plan or program to use the property for transportation
purposes.
(4) The executive director may sell or lease any rail line or railroad right-of-way held
in the state rail bank to a financially responsible railroad operator who will use the property
to provide rail service. In any sale of a rail line or railroad right-of-way held in the state rail
bank pursuant to this subsection (4) or section 43-1-803 (2), the executive director shall
retain a possibility of reverter to the state in the event that the railroad operator abandons
43-1-1307 Transportation Title 43 - page 74
the rail line or railroad right-of-way or if the rail line or railroad right-of-way is used or
conveyed for any purpose other than the operation of railroad services, and, additionally, for
any purpose that is inconsistent or in conflict with the continued provision of rail service on
the line. The department shall retain a right of first refusal to purchase the rail line, railroad
right-of-way, or any right to use such rail line or right-of-way in the event the railroad
operator sells all or any part of the rail line, railroad right-of-way, or any right to use such
rail line or right-of-way. Any such property that reverts back to the state shall be held in the
state rail bank.
(5) The executive director may convert property in the state rail bank to other
transportation uses following appropriate studies and upon approval by the commission and
the TLRC.
(6) The executive director shall ensure that, in any sale, lease, or other conveyance of
a rail line or railroad right-of-way held in the state rail bank, any agreement of the railroad
company that abandoned such rail line or right-of-way to construct or maintain fencing
relative to such rail line or right-of-way shall be transferred to the person to whom the
right-of-way is conveyed.
(7) (a) Any transfer of title of the railroad rights-of-way from a railroad company as
provided in this part 13 or in section 43-1-803 shall not impair or diminish the right of any
ditch owner to construct, operate, maintain, or enlarge any irrigation ditch as provided by
law. Any damage to an irrigation ditch that is located in or adjacent to such railroad
right-of-way and any increases in ditch maintenance caused by the use of the railroad
right-of-way for a public purpose shall be the responsibility of the person to whom the title
of the railroad right-of-way was transferred. Any such transfer of title shall not impair or
diminish existing contracts between the railroad company and any ditch owner for the use,
operation, and maintenance of any ditch. The executive director shall ensure that the
necessary contract provisions and deed restrictions or annotations, pursuant to this subsec-
tion (7), are made to the documents required to transfer the title of such railroad right-of-
way.
(b) An owner of an irrigation ditch located in or adjacent to the railroad right-of-way
to which title is transferred as provided in this part 13 or in section 43-1-803 is immune
from suit and from any and all liability arising out of or related to the use of the railroad
right-of-way for a public purpose.
Source: L. 97: Entire part added, p. 1621, § 2, effective June 4. L. 99: (4) amended, p.
544, § 4, effective May 5. L. 2009: (3) amended, (SB 09-094), ch. 280, p. 1252, § 6,
effective May 20.
43-1-1307. Powers find duties of the TLRC concerning state acquisition of aban-
doned railroad rights-of-way. (1) The transportation legislation review committee shall
study the recommendations of the executive director made pursuant to section 43-1-1303
(3) for acquisition of, and use or uses for, abandoned or proposed to be abandoned railroad
rights-of-way. On or before October 1 of each year, the executive director shall submit a
prioritized list that shall include recommendations for the acquisition and proposed use of
abandoned or proposed to be abandoned railroad rights-of-way. The members of the
transportation legislation review committee shall determine which abandoned railroad
rights-of-way may be acquired by the department and funded out of the state rail bank fund,
created in section 43-1-1309, based upon the greatest need and its proposed use or uses.
(2) The transportation legislation review committee may hold such hearings as it
determines necessary to consider reports, studies, and other pertinent information from any
source, including affected individuals, political subdivisions, railroad companies, or other
entities, with respect to the acquisition of abandoned railroad rights-of-way.
(3) The transportation legislation review committee may determine the priority of
acquisition of, and use or uses for, abandoned railroad rights-of-way by the department.
Source: L. 97: Entire part added, p. 1622, § 2, effective June 4.
Title 43 - page 75 General and Administrative 43-1-1311
43-1-1308. Recommendations and findings of the TLRC. The members of the
transportation legislation review committee shall make a written report setting forth its
recommendations, findings, and comments as to each recommendation for the acquisition
of abandoned railroad rights-of-way and their uses and submit the report to the general
assembly.
Source: L. 97: Entire part added, p. 1622, § 2, effective June 4.
43-1-1309. State rail bank fund • creation. (1 ) There is hereby created the state rail
bank fund to which shall be allocated such revenues as the general assembly may from time
to time determine. Moneys in the state rail bank fund may be used for the acquisition,
maintenance, improvement, or disposal of rail lines or railroad rights-of-way or any other
purpose necessary to carry out the implementation of this part 13. All unappropriated
balances in the fund at the end of any fiscal year shall remain therein and shall not revert
to the general fund.
(2) Notwithstanding any provision of subsection (1) of this section to the contrary, on
March 27, 2002, the state treasurer shall deduct five hundred thousand dollars from the state
rail bank fund and transfer such sum to the general fund.
(3) Notwithstanding any provision of subsection (1) of this section to the contrary, on
April 20, 2009, the state treasurer shall deduct one million five hundred forty-three thousand
nine hundred thirty-seven dollars from the state rail bank fund and transfer such sum to the
general fund.
(4) Notwithstanding any provision of subsection (1) of this section to the contrary, the
state treasurer shall transfer to the general fund any unexpended and unencumbered moneys
remaining in the state rail bank fund as of June 30, 2012.
Source: L. 97: Entire part added, p. 1623, § 2, effective June 4. L. 2002: Entire section
amended, p. 160, § 22, effective March 27. L. 2009: (3) added, (SB 09-208), ch. 149, p.
628, § 36, effective April 20. L. 2012: (4) added, (HB 12-1343), ch. 157, p. 558, § 1,
effective May 3.
43-1-1310. Effect of transfer of railroad rights-of-way. Any transfer of title of the
railroad rights-of-way from a railroad company as provided in section 43-1-803 or in this
part 13 shall not affect the title, either possessory or reversionary, of an owner of real
property along the currently existing railroad right-of-way. Nothing in this part 13 or in
section 43-1-803 shall be construed to supersede 16 U.S.C. sec. 1241 et seq.
Source: L. 97: Entire part added, p. 1623, § 2, effective June 4.
43-1-1311. Survey required - railroad track removal. (1) Before any railroad
tracks are removed from abandoned railroad rights-of-way in Colorado, if a proper legal
description is not available, the person or entity removing the railroad tracks shall cause a
field survey of the centerline of such railroad tracks to be made by a professional land
surveyor, if title to any land references such railroad tracks. The professional land surveyor
shall deposit a survey plat in accordance with section 38-50-101, C.R.S., showing the
following:
(a) Field-measured dimensions of the centerline of the railroad tracks; and
(b) Field-measured bearing and distance ties to public land survey monument corners
so that no point on said abandoned railroad rights-of-way is further than two miles from a
public land survey monument corner.
Source: L. 97: Entire part added, p. 1623, § 2, effective June 4.
43-1-1401 Transportation Title 43 - page 76
PART 14
DESIGN-BUILD CONTRACTS
Law reviews: For article* "Design-Build Contracts for Colorado Highway Construction: New
Contractual Issues — Part F\ see 29 Colo. Law. 49 (February 2000); for article, "Design-Build
Contracts for Colorado Highway Construction: New Contractual Issues — Part II", see 29 Colo. Law.
53 (March 2000).
43-1-1401. Legislative declaration. (1) The general assembly hereby finds and
declares that:
(a) The increased population growth and economic activity within the state has resulted
in the significant and growing demand for increased construction and reconstruction of
highways and other transportation projects within the state to facilitate the movement of
people, goods, and information;
(b) As a result of the increased federal and state funding provided to the department of
transportation in recent years for transportation projects, together with the increasing
number, size, and complexity of planned transportation projects, the department will benefit
from the use of a faster, more efficient, and more cost-effective contractor selection and
procurement process to design and construct transportation projects;
(c) A design-build selection and procurement process will provide the department of
transportation with: A savings of time, cost, and administrative burden; improved quality
expectations with respect to the schedule and budget of transportation projects, as well as
completion of such projects; and a reduction in the risks associated with transportation
projects, including reduced duplication of expenses and improved coordination of efforts to
meet the transportation needs of Colorado.
(2) The general assembly intends that this part 14 authorize the department of trans-
portation to enter design-build contracts and to use an adjusted score design-build selection
and procurement process for particular transportation projects regardless of the minimum or
maximum cost of such projects, based on the individual needs and merits of such projects,
and subject to approval by the transportation commission. The general assembly also
intends that the department's use of an adjusted score design-build contract process shall
not prohibit use of the low bid process currently used by the department pursuant to part 1
of article 92 of title 24 and part 14 of article 30 of title 24, C.R.S.
Source: L. 99: Entire part added, p. 256, § 1, effective April 9.
43-1-1402. Definitions, As used in this part 14:
(1) "Adjusted score design-build contract process" means a process to award contracts
based on the lowest adjusted score of proposals submitted to the department.
(2) "Best value" means the overall maximum value of a proposal to the department
after considering all of the evaluation factors described in the specifications for the
transportation project or the request for proposals, including but not limited to the time
needed for performance of the contract, innovative design approaches, the scope and quality
of the work, work management, aesthetics, project control, and the total cost of the
transportation project.
(3) "Design-build contract" means the procurement of both the design and the con-
struction of a transportation project in a single contract with a single design-build firm or
a combination of such firms that are capable of providing the necessary design and
construction services. A design-build contract may also include in the contract the procure-
ment of the financing, operation, or maintenance of the project.
(4) "Design-build firm" means any company, firm, partnership, corporation, associa-
tion, joint venture, or other entity permitted by law to practice engineering, architecture, or
construction contracting in the state of Colorado.
(4.5) "Force majeure" means fire, explosion, action of the elements, strike, interruption
of transportation, rationing, shortage of labor, equipment, or materials, court action,
illegality, unusually severe weather, act of God, act of war, or any other cause that is beyond
Title 43 - page 77 General and Administrative 43-1-1404
the control of the party performing work on a design-build transportation or utility
relocation project and that could not have been prevented by the party while exercising
reasonable diligence.
(4.7) "Project specific utility relocation agreement*' means an agreement entered into
by the department and a utility company for the purpose of performing utility relocation
work necessitated by a design-build transportation project. The agreement may incorporate
reasonable and appropriate conditions, including, but not limited to, conditions for ensur-
ing:
(a) The prompt performance of utility relocation work by either the utility company or
the contractor for the design-build transportation project, as specified in the agreement;
(b) The cooperation of the utility company with the contractor for the design-build
transportation project;
(c) The timely repayment of any funds advanced to the utility company for the
relocation construction, including interest based on the costs incurred by the department for
advancing the funds; and
(d) The payment by the utility company of any damages caused by the company's delay
in the performance of the relocation work or interference with the performance of the
project by any other contractor, except when such delay or interference is caused by a force
majeure.
(5) 'Transportation project" means any project that the department is authorized by
law to undertake including but not limited to a highway, toll way, bridge, mass transit,
intelligent transportation system, traffic management, traveler information services, or any
other project for transportation purposes.
(6) "Utility company" or "utility" shall have the same meaning as set forth in 23 CFR
645.105.
Source: L. 99: Entire part added, p. 257, § 1, effective April 9. L. 2000: (4.5), (4.7),
and (6) added, p. 1610, § 1, effective June 1. L. 2007: (6) amended, p. 2050, § 103,
effective June 1. L. 2009: (3) amended, (SB 09-108), ch. 5, p. 55, § 17, effective March
2.
43-1-1403. Authority to use a design-build contract process. Notwithstanding any
other provision of law to the contrary, the department may select a design-build firm and
award a design-build contract for a transportation project as provided in this part 14. The
department may include a warranty provision in any design-build contract that requires the
design-build firm to perform maintenance services on the completed transportation project.
Source: L. 99: Entire part added, p. 258, § 1, effective April 9.
43-1-1404. Criteria. (1) The department may use a design-build contract for a
transportation project if the design work for such project must be performed before a
potential bidder can develop a price or cost proposal for such project and if the chief
engineer of the engineering, design, and construction division determines that using a
design-build contract is appropriate. The chief engineer shall consider the following factors
in making a determination pursuant to this subsection (1):
(a) The extent to which the transportation project requirements are adequately defined;
(b) The time constraints for completing the transportation project;
(c) The capability and experience of potential design-build firms;
(d) The suitability of the transportation project to a design-build contract; and
(e) The capability of the department to manage the design-build contract.
(2) The department may use a design-build contract regardless of the estimated
minimum or maximum cost of a transportation project.
Source: L. 99: Entire part added, p. 258, § 1, effective April 9.
43-1-1405 Transportation Title 43 - page 78
43-1-1405. Public notice procedures. At least forty-five days prior to the anticipated
date of selecting a design-build firm for a transportation project, the department shall
publish a public notice at least twice in one or more daily newspapers of general circulation
in the state. The public notice shall set forth a general description of the transportation
project.
Source: L. 99: Entire part added, p. 258, § 1, effective April 9.
43-1-1406. General procedures. (1) The department shall describe in the specifica-
tions for the transportation project the particular design-build contract and selection
procedures to be used in awarding such contract, including but are not limited to the
following:
(a) A scope of work statement that defines the transportation project and provides
prospective design-build firms with sufficient information regarding the department's
requirements for the transportation project;
(b) If the department uses an adjusted score design-build contract process to select a
design-build firm, a scope of work statement that is flexible and that identifies the end result
that the department wants to achieve. The department may determine the adjustment factors
and methods it will use to adjust scores and shall state such factors and methods in the
specifications for the transportation project. The department may also provide a general
concept of the transportation project to potential design-build firms. Adjusted score design-
build procedures shall consist of the following two phases:
(1) In the first phase, the department shall issue a request for qualifications within the
time specified in section 43-1-1405 to solicit proposals that include information on the
design-build firm's qualifications and its technical approach to the proposed transportation
project. The department shall include appropriate evaluation factors in the request for
qualifications, including the factors set forth in section 24-30-1403 (2), C.R.S. The
department shall not include cost-related or price-related factors in the request for qualifi-
cations. In accordance with the time requirements specified in the department's rules, the
department shall develop a short list of the highest qualified design-build firms from the
proposals submitted in response to the request for qualifications.
(II) In the second phase, the department shall issue a request for proposals to the
design-build firms included on the short list developed pursuant to subparagraph (I) of this
paragraph (b) in accordance with the time requirements specified in the department's rules.
The request for proposals shall include:
(A) A request to separately submit a sealed technical proposal and a sealed cost
proposal for the transportation project;
(B) The required content of the technical proposal to be submitted by the design-build
firm, including design concepts for the transportation project, the proposed solutions to the
requirements addressed in the department's scope of work statement, or both;
(C) Any other evaluation factors the department considers appropriate, including the
estimated cost of the transportation project; and
(D) Any formula the department determines is appropriate to adjust the total score of
a design-build firm's proposal.
(2) Except as provided in this subsection (2), the department shall allow the preference
to Colorado residents provided in section 8-19-101, C.R.S., in awarding an adjusted score
design-build contract pursuant to this part 14. In evaluating and selecting a proposal for a
design-build contract under this part 14, the department shall assign greater value to a
proposal in proportion to the extent such proposal commits to using Colorado residents to
perform work on the transportation project. If, however, the department determines that
compliance with this subsection (2) may cause the denial of federal moneys that would
otherwise be available for the transportation project or if such compliance would otherwise
be inconsistent with the requirements of federal law, the department shall suspend the
preference granted under this subsection (2) only to the extent necessary to prevent denial
of federal moneys or to eliminate the inconsistency with federal law.
(3) The department may use any basis for awarding a design-build contract pursuant to
this part 14 that it deems appropriate so long as the basis for awarding such contract is
Title 43 - page 79 General and Administrative 43-1-1410
adequately described in the specifications for the transportation project or the request for
proposals. Such basis may include awarding a contract to the design-build firm whose
proposal provides the best value to the department.
(4) The department may cancel any request for qualifications, request for proposals, or
other solicitation issued pursuant to this part 14 or may reject any or all proposals in whole
or in part when the department determines that such cancellation or rejection is in the best
interest of the department.
(5) If the department awards a design-build contract pursuant to this part 14, the
department shall execute a design-build contract with the successful design-build firm and
shall give notice to said firm to commence work on the transportation project.
Source: L. 99: Entire part added, p. 258, § 1, effective April 9.
43-1-1407. Stipulated fee. At its discretion, the department may award a stipulated
fee to the design-build firms that submit responsive proposals but that are not awarded the
design-build contract for a transportation project The department shall not be required to
award such stipulated fee, but if it elects to award such fee for a transportation project, the
department shall identify the availability and the amount of such fee in its request for
proposals.
Source: L. 99: Entire part added, p. 260, § 1, effective April 9.
43-1-1408. Commission approval required. The department shall obtain approval
from the transportation commission prior to using an adjusted score design-build contract
process for any transportation project.
Source: L. 99: Entire part added, p. 260, § 1, effective April 9.
43-1-1409. Rule-making authority. (1) The department may adopt rules in accor-
dance with sections 43-1-110 and 24-4-103, C.R.S., to:
(a) Establish requirements for the procurement of design-build contracts that it deter-
mines necessary or appropriate, including but not limited to rules implementing the
design-build selection and contract procedures, subcontracting, and the warranty provisions
of this part 14; and
(b) Further define and implement the processes and procedures for the performance of
utility relocation work necessitated by a design-build transportation project, including, but
not limited to, the allocation of responsibility for damages due to delay among the
department, the design-build contractor, and utility companies that do not enter into project
specific utility relocation agreements, and the creation of a forum and process to resolve
changes in the conditions of the design-build transportation project that impact utility
relocation work when the department and a utility company have not entered into a project
specific utility relocation agreement.
Source: L. 99: Entire part added, p. 260, § 1, effective April 9. L. 2000: Entire section
amended, p. 1611, § 2, effective June 1.
43-1-1410. Utility relocation - legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) The department is authorized by law to use a design-build process for transportation
projects that allows for the improved coordination, scheduling, and timely performance of
transportation projects, resulting in time and cost efficiency;
(b) The scheduling and timely performance of design-build transportation projects
partially depend upon the coordination with utility companies for the prompt performance
of utility relocation work necessitated by the project;
(c) Increased coordination between the department and utility companies is in the
public interest and the encouragement and requirement of prompt performance of utility
43-1-1411 Transportation Title 43 - page 80
relocation work within the design-build transportation project performance schedule will
reduce delays and costs of the projects;
(d) The preferred approach for utility relocation work in a design-build transportation
project is for the utility company to authorize the department's design-build contractor to
engage the services of the utility company's prequalified contractors for the design and
construction of the relocation work because it places the responsibility for the timely
performance of the utility relocation work on the design-build contractor and removes the
risk of utility relocation delays from multiple utility companies;
(e) Current law limits the department's authority in relation to payment for utility
relocation, and nothing in this part 14 is intended to alter the department's obligation to pay
for utility relocations pursuant to section 43-1-225 or to pay for utility relocations when
utility facilities are located on easements owned by the utility;
(f) Allowing the department to fund the design of the utility relocation work necessi-
tated by a design-build transportation project will foster the coordination of the utility
relocation work, which is in the public interest;
(g) In the interest of the public, the department, the design-build contractor, and the
utility company should coordinate their efforts, perform the utility relocation work in
accordance with the design-build transportation project performance schedule, and allocate
the responsibility for any damages caused by a party's failure to timely perform the
relocation work, except when such failure is due to a force majeure;
(h) The review and approval of the utility company of any design work prior to the
commencement of any utility relocation construction in relation to a design-build transpor-
tation project will assure that such work meets the quality standards and construction
methods of the utility company. The department also recognizes the obligation of utility
companies to maintain service to their customers, and the department agrees to work within
utility company terms and conditions to maintain service continuity.
(i) For purposes of design-build transportation projects, allowing the department to
provide and condemn, when necessary, a replacement easement for a utility company to
relocate its facilities when the utility company's facilities are located in an easement owned
by the utility company and to pay for the future relocation of a utility company's facilities
if no replacement easement is provided is in the public interest.
Source: L. 2000: Entire section added, p. 1611, § 3, effective June 1.
43-1-1411. Project specific utility relocation agreements. (1) Notwithstanding any
other provision of law, if a utility company enters into a project specific utility relocation
agreement with the department, the department may:
(a) Pay for the performance of the design work to relocate a utility company's facilities
that are affected by the scope of the design-build transportation project;
(b) Advance funds for the performance of the construction work to relocate a utility
company's facilities affected by the scope of the design-build transportation project; except
that any advance of funds pursuant to mis paragraph (b) shall be subject to full repayment
by the utility company with interest based on the cost incurred by the department for
advancing the funds; and
(c) Perform any utility relocation work through the contractor for the design-build
transportation project in accordance with the utility company's specifications for the
relocation work and subject to the utility company's prior review and written approval of
the relocation work to assure that the work meets the quality standards and construction
methods of the company. The performance of any relocation work shall also be subject to
inspection and approval by the utility company, during the performance of the work and
prior to completion of the relocation work, and the department shall take appropriate
measures to ensure service continuity.
(2) It is the intent of the general assembly that the department work with the utility
company to come to a mutually satisfactory agreement with the utility company so that the
Title 43 - page 81 General and Administrative 43-1-1411
design-build transportation project may proceed to be constructed in an efficient manner
without causing interruption of utility services. If the utility company is unable to reach a
project specific utility relocation agreement with the project manager negotiating such
agreement for the department, the utility company shall be provided the opportunity to
address its concerns with the department's district engineer, who shall give due consider-
ation to all issues raised by the utility company and shall strive to accommodate reasonable
modifications requested by the utility company to the department's proposed project
specific utility relocation agreement. If an agreement cannot be reached between the district
engineer and the utility company, the executive director of the department shall review the
disputed issues and seek to resolve the dispute. If the executive director is unable to reach
agreement with the utility company, the executive director shall prepare a written report
setting forth the reasons that the dispute could not be resolved and shall provide such report
to the utility company within three business days.
(3) For any utility company that chooses not to enter into a project specific utility
relocation agreement with the department for the performance of utility relocation work:
(a) The department may direct the utility company to perform or allow the performance
of the utility relocation work within the performance schedule for the design-build
transportation project;
(b) The utility company shall pay for damages caused by the company's delay in the
performance of the utility relocation work or interference with the performance of the
design-build transportation project by other contractors, including, but not limited to,
payments made by the department to any third party based on a claim that performance of
the design-build transportation project was delayed or interfered with as a direct result of
the utility company's failure to timely perform the utility relocation work; except that
damages resulting from delays in the performance of the utility relocation work caused by
a force majeure shall not be charged to the utility company; and
(c) The department may withhold issuance of a permit for the location or installation of
other facilities to a utility company until the company pays the department damages caused
by the company's delay in the performance of the relocation work or interference with the
performance of the design-build transportation project by any other contractor. Any person
aggrieved by an action of the department in denying a permit may apply to a court of
competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil
procedure or section 24-4-106, C.R.S.
(4) The department shall provide written notice to any utility company of a design-
build transportation project that will require the relocation of the company's facilities as
soon as practicable following the environmental clearance for the project The notice shall
include all available and relevant information concerning the project, including the perfor-
mance schedule for the project within which the utility relocation work must be completed
in order to coordinate with and avoid delay in the performance of the project.
(5) When feasible, the department shall provide a replacement easement for a utility
company whose facilities are to be relocated from an easement owned by the utility
company to accommodate a design-build transportation project, and the department shall
condemn the replacement easement when necessary. If no replacement easement is pro-
vided, the department shall fund the initial relocation of the easement owner's facilities and
shall also fund all future relocations of those utility companies whose facilities occupy the
easement at the time of the design-build transportation project at the department's sole
expense in lieu of compensating the utility companies for the loss of the easement The
utility company shall quitclaim to the department that portion of the easement that is
replaced or extinguished.
(6) Nothing in this section or in section 43-1-1412 shall change the authority, rights,
responsibilities, or obligations of the department or of any owner of real or personal
property in an eminent domain proceeding or any existing statutory or case law applicable
to eminent domain proceedings.
Source: L. 2000: Entire section added, p. 1613, § 3, effective June 1.
43-1-1412 Transportation Title 43 - page 82
43-1-1412. Utility relocation delays. (1) When a utility company delegates the
responsibility for the performance of any utility relocation work necessitated by a design-
build transportation project to the department's contractor for the project pursuant to a
project specific utility relocation agreement, the utility company shall not be responsible to
the department for any damages caused by the delay in the performance of the relocation
work or the interference by the department* s contractor in the performance of any part of
the project by another contractor.
(2) (a) When a utility company chooses to perform any utility relocation work neces-
sitated by a design-build transportation project, the utility company shall complete the
relocation work within the time specified in the project specific utility relocation agreement
or in the performance schedule for the project as set form in the written notice provided to
the company by the department in accordance with section 43-1-1411 (4). The company
shall not interfere with the performance of the design-build transportation project by any
other contractor.
(b) Notwithstanding the provisions of section 43-1-141 1 (3) (b), a utility company shall
not be liable for damages caused by the failure to timely perform the relocation work or the
interference with the performance of the design-build transportation project by any other
contractor when the failure to perform or the interference is caused by a force majeure.
Source: L. 2000: Entire section added, p. 1615, § 3, effective June 1.
PART 15
PROVISION OF RETAIL OR COMMERCIAL GOODS AND SERVICES
AT PUBLIC TRANSPORTATION TRANSFER FACILITIES
ON DEPARTMENT-OWNED PROPERTY
Cross references: For the legislative declaration contained in the 1999 act enacting this part 15, see
section 1 of chapter 88, Session Laws of Colorado 1999.
43-1-1501. Definitions. As used in this part 15, unless the context otherwise requires:
(1) "Public entity" includes, but is not limited to, a public body, as that term is defined
in section 32-9-103 (11), C.R.S., and any other governmental entity, agency, or official.
(2) "Retail goods and services*' means all goods and services sold to the public.
(3) "Transfer facility" means a public park-n-ride, bus terminal, light rail station, or
other bus or rail transfer facility operated on property that is owned by the department.
Source: L. 99: Entire part added, p. 263, § 5, effective April 9.
43-1-1502. Provision of retail and commercial goods and services at transfer
facilities on department property. Any public entity other than the department shall obtain
the approval of the executive director of the department before negotiating and entering into
any agreement with any person or public entity for the provision of retail and commercial
goods and services to the public at a transfer facility that is located on property that is
owned by the department and leased to the regional transportation district or such other
public entity for the operation of such transfer facility.
Source: L. 99: Entire part added, p. 263, § 5, effective April 9.
43-1-1503. Department transfer facilities - provision of retail and commercial
goods and services. (1) Notwithstanding the provisions of section 43-3-101, the execu-
tive director shall have the authority to negotiate and enter into agreements with any person
or public entity for the provision of retail and commercial goods and services to the public
at any transfer facility that is owned, leased, or operated by the department.
Title 43 - page 83 General and Administrative 43-1-1601
(2) Any person or public entity obtaining the use of any portion of a transfer facility
that is owned, leased, or operated by the department for the provision of retail or
commercial goods or services shall enter into an agreement with the department that is
consistent with section 43-1-1204. Such agreement may provide that private contributions
to the department include the provision of real property, services, or capital improvements
to facilities used in transit services.
(3) Any use of a transfer facility that is owned, leased, or operated by the department
for the provision of retail or commercial goods or services shall not be implemented if the
use would reduce transit services or the availability of adequate parking for the public or
would result in a competitive disadvantage to a private business reasonably near a transfer
facility engaging in the sale of similar goods and services. The provision of retail and
commercial goods and services at transfer facilities that are owned, leased, or operated by
the department shall be designed to offer convenience to transit customers and shall not be
conducted in a manner that encourages automobile traffic from nontransit users.
(4) Any development of any portion of a transfer facility owned, leased, or operated by
the department and made available by the department for the provision of retail or
commercial goods or services shall be subject to all applicable laws, ordinances, and
regulations of any municipality, county, or city and county in which the transfer facility is
located, including planning and zoning regulations.
Source: L. 99: Entire part added, p. 263, § 5, effective April 9.
43-1-1504* Possessory interests in transfer facilities - taxation. Any person obtaining
a possessory interest in any portion of a transfer facility located on property that is owned
by the department for the provision of retail or commercial goods or services pursuant to
this section shall be deemed in control of that portion of the facility and shall be subject to
property taxation to the extent of the persons possessory interest in that portion of the
facility.
Source: L. 99: Entire part added, p. 264, § 5, effective April 9. L. 2002: Entire section
amended, p. 1009, § 5, effective August 7.
PART 16
SAFE ROUTES TO SCHOOL
43-1-1601. Safe routes to school program. (1) The commission shall establish and
the department shall administer a safe routes to school program to distribute federal funds
received by the state to political subdivisions of the state for projects to improve safety for
pedestrians and bicyclists in school areas.
(2) Projects funded by grants under the safe routes to school program may include:
(a) Construction of paved shoulders to be used as bike routes;
(b) Construction of multiple-use bicycle and pedestrian trails and pathways;
(c) Construction, replacement, and improvement of sidewalks;
(d) Installation and improvement of pedestrian and bicycle crossings;
(e) Construction and improvement of on-street bicycle facilities, including bike lanes;
(f) Installation of safety signs, including, but not limited to, traffic signals;
(g) Educational programs;
(h) Implementation of traffic-calming programs in neighborhoods near schools;
(i) Traffic diversion improvements;
(j) Construction or improvement of bicycle parking facilities; and
(k) Other projects authorized by applicable federal laws or regulations.
(3) Grants shall be awarded under the safe routes to school program based on:
(a) The demonstrated need of the applicant;
(b) The potential of the proposed project to reduce injuries and fatalities among
children;
43-1-1602 Transportation Title 43 - page 84
(c) The potential of the proposed project to encourage walking and bicycling among
students;
(d) The extent to which the application identifies existing safety hazards;
(e) The extent to which the application identifies existing and potential walking and
bicycling routes and the extent to which the proposed project would improve or connect
them;
(f) Support for the proposed project from local school-based associations, traffic
engineers, elected officials, law enforcement agencies, and school officials;
(g) The goal of funding projects throughout the state in proportion to the geographic
distribution of the student population; and
(h) Other criteria allowed or required by applicable federal laws or regulations.
(4) The executive director shall appoint an advisory committee to make recommenda-
tions to the commission, which shall award grants under the safe routes to school program.
The committee shall have no more than nine members, who shall receive no compensation
for service on the committee. The committee shall include at least one person from a
statewide organization representing each of the following groups:
(a) Educators;
(b) Parents;
(c) Bicyclists;
(d) Pedestrians; and
(e) Law enforcement personnel.
Source: L. 2004: Entire part added, p. 1984, § 1, effective June 5.
43-1-1602. Federal funds. (1) The department may allocate funds received from the
federal government under the hazard elimination program, 23 U.S.C. sec. 152, as amended,
or its successor program, to projects funded under the safe routes to school program.
(2) It is the intent of the general assembly that the department allocate to the safe routes
to school program any funds received from the federal government under any federal safe
routes to school program or other new federal program mat designates funds for any of the
following purposes:
(a) To enable and encourage children to walk and bicycle to school;
(b) To make bicycling and walking to school a safer and more appealing transportation
alternative; or
(c) To facilitate planning, development, and implementation of projects and activities
that will improve safety and reduce traffic, fuel consumption, and air pollution in the
vicinity of schools.
Source: L. 2004: Entire part added, p. 1986, § 1, effective June 5.
43-1-1603. Use of funds. A political subdivision of the state that receives moneys
under this part 16 may not use such moneys as a substitute for funds currently being used
to support similar activities.
Source: L. 2004: Entire part added, p. 1986, § 1, effective June 5.
43-1-1604. Rules. The executive director shall promulgate rules in accordance with
article 4 of title 24, C.R.S., to implement this part 16.
Source: L. 2004: Entire part added, p. 1986, § 1, effective June 5.
Title 43 - page 85
State, County, and Municipal Highways
HIGHWAYS AND HIGHWAY SYSTEMS
ARTICLE 2
State, County, and Municipal Highways
PARTI
STATE, COUNTY, AND CITY
HIGHWAY SYSTEMS
43-2-101.
43-2-101.5.
43-2-102.
43-2-103.
43-2-104.
43-2-104.5.
43-2-105.
43-2-106.
43-2-107.
43-2-108.
43-2-109.
43-2-110.
43-2-111.
43-2-112.
43-2-113.
43-2-114.
43-2-115.
43-2-116.
43-2-117.
43-2-118.
43-2-119.
43-2-120.
43-2-121.
43-2-122.
43-2-123.
43-2-124.
43-2-125.
43-2-126.
43-2-127.
43-2-128.
43-2-129.
State highway system.
Devolution of commuter high-
ways to counties and munic-
ipalities - required study -
definitions.
Department maintain system.
Urban highway contracts.
County highway contracts.
Reimbursement of counties and
municipalities.
Secondary road unit. (Re-
pealed)
Abandoned state highways.
Standards of construction.
County highway systems.
County primary systems.
Selection by county - notice -
secondary system
Road supervisors - districts -
duties - powers.
Condemnation for county
Abandoned county primary
Standards for county primary
roads.
Allocations - reports - grace pe-
riod.
Federal aid - matching funds.
County line roads - apportion-
ment.
Private roads.
County road budgets.
Annual county reports.
Annual state report.
State inspection of county proj-
ects.
City street systems.
City streets defined - mainte-
nance.
Adoption of street systems - re-
ports.
Street supervisors - duties. (Re-
pealed)
Contracts for street supervision
- report. (Repealed)
Municipalities exempt from
street supervision sections.
(Repealed)
Accounting by municipalities -
43-2-130.
43-2-131.
43-2-132.
43-2-132.5.
43-2-133.
43-2-134.
43-2-135.
43-2-136.
43-2-137.
43-2-138.
43-2-139.
43-2-140.
43-2-141.
43-2-142.
43-2-143.
43-2-144.
43-2-145.
43-2-145.5.
43-2-146.
43-2-147.
43-2-148.
43-2-149.
43-2-150.
unexpended funds - matching
federal aid.
Street budgets.
Municipal allocations - delin-
quent reports - grace period.
Annual municipal reports.
Maintenance of local effort •
highways. (Repealed)
State inspection of municipal
projects.
Certification of designations -
notice of change.
Division of authority over
streets.
Department makes rules for rat-
ing.
Counties submit priorities - in-
structions.
Municipalities submit priorities
- instructions.
Roadside advertising on county
roads.
Roadside advertising on state
highways. (Repealed)
Violation of sections - penal-
ties.
Jurisdiction.
Obstructing highway view -
penalty. (Repealed)
Intergovernmental highway
contracts.
Transportation legislation re-
view - committee.
Transportation legislation re-
view committee - study of
revisions to the traffic law -
compulsory insurance. (Re-
pealed)
Highway bypasses - public pol-
icy - when.
Access to public highways.
Metropolitan transportation de-
velopment commission. (Re-
pealed)
Roadside memorials authorized
- specifications - permit.
Roadside chain service - rules.
PART 2
COUNTY AND OTHER
PUBLIC HIGHWAYS
43-2-201. Public highways.
43-2-201 . 1 . Closure of public highways ex-
tending to public lands - pen-
alty.
43-2-101
43-2-202. County road and bridge fund -
apportionment to municipali-
ties.
43-2-203. County road and bridge budget
- tax levy.
43-2-204. Commissioners authorized to
acquire property for high-
ways.
43-2-205. Rights-of-way - public land.
43-2-206. Acquisition of rights of prior
lessee.
43-2-207. Expense of construction and
maintenance.
43-2-208. County commissioners autho-
rized to construct highways
and let contracts.
43-2-209. Contract for work on highways
- advertise for bids.
43-2-210. Only residents of county to be
given employment.
43-2-211. Cattle guards - specifications.
43-2-212. Sections applicable only to
county highways.
43-2-213. Not deemed an obstruction.
43-2-214. County highway anticipation
warrant retirement fund.
43-2-215. Moneys allocated to fund.
Transportation Title 43 - page 86
43-2-216. Warrants - sale - duration - in-
terest.
43-2-217. County treasurer fiscal agent.
43-2-218. Sections supplemental.
43-2-219. County authority to privatize
county highways and bridges
- charge a toll.
PART 3
VACATION PROCEEDINGS: ROADS,
STREETS, AND HIGHWAYS
43-2-301. Definitions.
43-2-302. Vesting of title upon vacation.
43-2-303. Methods of vacation.
43-2-304. Limitation of actions.
PART 4
NOISE MITIGATION
43-2-401. Definitions.
43-2-402. Noise mitigation measures.
43-2-403. Noise mitigation - privately
funded.
43-2-404. Rule-making authority.
PARTI
STATE, COUNTY, AND CITY HIGHWAY SYSTEMS
43-2-101. State highway system. (1) There shall be established in this state a system
of roads known as "the state highway system". The state highway system shall consist of
the federal-aid primary roads, the federal-aid secondary roads, and the interstate system,
including extensions thereof within urban areas, plus an amount not to exceed five percent
of the mileage of such systems which may be declared to be state highways by the
transportation commission while not being any part of any federal system.
(2) "Interstate system" as used in this section means any highway included as a part of
the national system of interstate and defense highways as authorized and designated in
accordance with section 7 of the "Federal-Aid Highway Act of 1944" (58 Stat. 838) and
any other subsequent acts of congress.
(3) Nothing in this section shall be construed as limiting the mileage of the state
highway system to the total mileage constituting the system as of December 31, 1953, but
federal-aid primary roads and federal-aid secondary roads may be added or deleted by the
department of transportation according to need as determined by said department. Deletions
from the federal-aid secondary system shall be mutually decided by the federal government,
the state, and the affected county.
(4) (a) In addition to the powers now possessed by the transportation commission, it
has the authority to select or designate any public highway, road, or street as a part of the
federal-aid urban system or as an extension of the federal-aid primary or secondary system,
in order to qualify such public highways, roads, or streets for the expenditure by the state
of federal-aid funds to be apportioned to the state pursuant to the provisions of 23 U.S.C.
sec. 135, as amended, and section 106 of the "Federal- Aid Highway Act of 1970", and
regulations promulgated thereunder. Any provision of this title to the contrary notwith-
standing, any public highway, road, or street selected or designated under this subsection (4)
shall continue to be a part of the county highway or city street systems and shall not be
deemed to be a part of the state highway system unless the commission specifically provides
to the contrary.
Title 43 - page 87 State, County, and Municipal Highways 43-2-101.5
(b) Any receipt of moneys from the federal government, or any department thereof,
pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the
"Federal-Aid Highway Act of 1970" shall be paid into and credited to the state highway
supplementary fund.
(c) The construction of all improvements authorized pursuant to the provisions of 23
U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970",
and moneys received therefor, shall be under the supervision and control of the highway
operations and maintenance division.
Source: L. 53: p. 512, § 1. CRS 53: § 120-13-1. L. 57: p. 641, § 1. CHS. 1963:
§ 120-13-1. L. 70: p. 329, § 1. L. 71: p. 1140, § 1. L. 91: (1), (3), (4Xa), and (4)(c)
amended, p. 1098, § 127, effective July 1.
Cross references: For the "Federal-Aid Highway Act of 1970", see 84 Stat. 1713.
43-2-101*5. Devolution of commuter highways to counties and
required study - definitions. (1) The transportation commission, using existing or easily
obtainable data, shall conduct or direct the department of transportation to conduct a study
of the state highway system for the purpose of determining which highways or portions of
highways that are part of the state highway system are commuter highways. The commis-
sion shall report the results of the study to the transportation and energy committee of the
house of representatives and the transportation committee of the senate, or any successor
committees, no later than February 1, 2011. The commission may include in the report
recommendations as to whether all or some of the identified commuter highways should be
removed from the state highway system and thereafter maintained and supervised by
counties and municipalities. If the commission recommends the removal of any commuter
highways from the state highway system, it shall first have consulted with the affected
metropolitan planning organizations in the conduct of the study, received the input of one
local government elected official appointed by each of the five metropolitan planning
organizations in the state for the purpose of providing such input, and presented the
recommendations to the boards of the affected metropolitan planning organizations for
review and comment and shall also make recommendations regarding modification of the
formulas used to allocate moneys in the highway users tax fund between the state, counties,
and municipalities set forth in part 2 of article 4 of this title to provide the level of funding
necessary to avoid any unfunded mandates created by changes in the allocation of highway
maintenance and supervision responsibilities between the state, counties, and municipalities
that would result from the removal. A report made pursuant to this section that includes
recommendations as to whether commuter highways should be removed from the state
highway system shall include a statement regarding the extent to which the elected officials
appointed by the metropolitan planning organizations in the state agree with the commis-
sion's recommendations.
(2) For purposes of this section:
(a) "Commuter highway" means a highway or a portion of a highway that:
(I) Is part of the state highway system;
(II) Is located within the territory of a metropolitan planning organization;
(HI) Is not an interstate highway; and
(IV) Is determined in the conduct of the study required by subsection ( 1) of this section
to be used at least eighty percent of the time, estimated as a percentage of total trips on the
highway or portion of a highway, for travel within the territory of the metropolitan planning
organization.
(b) "Metropolitan planning organization" means a metropolitan planning organization
under the "Federal Transit Act of 1998", 49 U.S.C. sec. 5301 et seq., as amended.
Source: L. 2010: Entire section added, (HB 10-1405), ch. 368, p. 1733, § 1, effective
June 7.
43-2-102
Transportation
Title 43 - page 88
43-2-102. Department maintain system. The department of transportation shall con-
struct and maintain all roads comprising the state highway system as provided by this part
1.
Source: L. 53: p. 512, § 2. CRS 53: § 120-13-2. C.RJS. 1963: § 120-13-2. L. 91:
Entire section amended, p. 1098, § 128, effective July 1. L. 2005: Entire section amended,
p. 291, § 46, effective August 8.
43-2-103. Urban highway contracts. In all cases where any part of the state highway
system extends into or through a city or incorporated town, the construction and mainte-
nance of such systems shall remain the obligation of the department of transportation.
Nothing in this part 1, however, shall be construed as denying the department of transpor-
tation the right to enter into a contract with a city or incorporated town for the maintenance
or construction of such urban connections, where it appears that such city or incorporated
town has adequate facilities.
Source: L. 53: p. 513, § 3. CRS 53: § 120-13-3. C.RJS. 1963: § 120-13-3. L. 91:
Entire section amended, p. 1099, § 129, effective July 1.
Cross references: For similar provisions, see § 43-1-217 (2).
ANNOTATION
Law reviews. For article, "One Year Review
of Real Property", see 36 Dicta 57 (1959).
There is no longer any duty upon a town to
maintain a state highway within the munici-
pality. Town of Greenwood Vill. v. District
Court, 138 Colo. 283, 332 P.2d 210 (1958).
This section has shifted the responsibility
for maintenance to the state department of
highways. Town of Greenwood Vill. v. District
Court, 138 Colo. 283, 332 P.2d 210 (1958).
43-2-104. County highway contracts. The department of transportation may also
contract with the counties wherein any roads comprising a part of the state highway system
are situated for the maintenance or construction of such roads directly by the county.
Source: L. 53: p. 513, § 4. CRS 53: § 120-13-4. C.R.S. 1963: § 120-13-4. L. 91:
Entire section amended, p. 1099, § 130, effective July 1.
Cross references: For similar provisions, see § 43-1-217 (2).
ANNOTATION
The general assembly has authorized the
state highway department to contract with
the counties for maintenance or construction
of state highways lying within a county. The
authority to delegate this power is confirmed.
Bd. of County Comm'rs v. Cottingham, 134
Colo. 156, 301 P.2d 135 (1956).
County has duties with reference to high-
ways under its jurisdiction. In the absence of
any statutory authority to the contrary, it is clear
that a county does have both general and spe-
cific duties with reference to the highways under
its jurisdiction. Indeed, the great responsibility
and control which modem highways demand
make this rule imperative. Bd. of County
Comm'rs v. Cottingham, 134 Colo. 156, 301
P.2d 135 (1956).
County may not impose unreasonable
regulations upon another agency. While coun-
ties are charged by law with the responsibility
for county highways and the state highway de-
partment has authority to contract with the coun-
ties for maintenance or construction of state
highways lying within a county, a county may
not impose unreasonable regulations upon an-
other agency in the performance of its statutory
duty. Bd. of County Comm'rs v. Cottingham,
134 Colo. 156, 301 P.2d 135 (1956).
Title 43 - page 89 State, County, and Municipal Highways 43-2-106
43-2-104,5. Reimbursement of counties and municipalities. (1) The department of
transportation is authorized to reimburse, pursuant to contract, counties, cities, or incorpo-
rated towns for maintenance or construction of highways which are part of the state
highway system. Such reimbursement may be over a period of time, and any funds available
to the department of transportation for the maintenance and construction of public highways
may be used.
(2) Any municipality, county, or political subdivision may enter into an intergovern-
mental agreement with the department of transportation to loan to the department of
transportation funds necessary to accelerate the completion of state highway projects. Such
loaned funds may be repaid by the department of transportation from any funds available
to that department for the maintenance and construction of public highways. Such accel-
eration of projects must be approved by the transportation commission and the governing
board of the municipality, county, or political subdivision involved. The construction of
projects conducted pursuant to this section shall be carried out under the supervision of the
chief engineer of the department of transportation, who may contract with private parties for
construction services. Any municipality, county, or political subdivision may contract with
private parties for construction services when conducting projects pursuant to this section.
Source: L. 89, 1st Ex. Sess.: Entire section added, p. 63, § 19, effective August 1.
L. 91: Entire section amended, p. 1099, § 131, effective July 1.
43-2-105. Secondary road unit (Repealed)
Source: L. 53: p. 513, § 5. CRS 53: § 120-13-5. C.R.S. 1963: § 120-13-5. L. 91:
Entire section amended, p. 1099, § 132, effective July 1. L. 2004: Entire section repealed,
p. 219, § 45, effective August 4.
43-2-106. Abandoned state highways. (1) (a) When a portion of a state highway is
relocated and, because of the relocation, a portion of the route as it existed before the
relocation is, in the opinion of the transportation commission, no longer necessary as a state
highway, the portion shall be considered as abandoned. The transportation commission may
also determine that all or a portion of a state highway no longer functions as a part of the
state highway system, and, with the agreement of each affected county or municipality, the
state highway or portion thereof shall be considered as abandoned. An abandoned state
highway or portion thereof shall become a county highway, upon the adoption of a
resolution to that effect by the board of county commissioners of an affected county, or a
city street, upon the adoption of an ordinance to that effect by the governing body of any
affected municipality, within ninety days after the official notification of abandonment by
the transportation commission. If the county or municipality ceases to use the abandoned
portion of the highway for the purpose of a county highway or a city street, title to the
abandoned state highway or portion thereof shall revert to the department of transportation.
(b) When the department of transportation makes a payment to a county or municipality
as compensation for the transfer of ownership to the county or municipality of all or a
portion of a state highway abandoned pursuant to paragraph (a) of this subsection (1) as a
result of the granting of an application for such a transfer of ownership filed on or after
August 5, 2009, the county or municipality shall credit the payment to a special fund to be
used only for transportation-related expenditures.
(c) For purposes of this subsection (1), all or a portion of a state highway shall be
considered to function as part of the state highway system, and shall not be determined by
the transportation commission to no longer function as a part of the state highway system,
unless the commission and each county or municipality that would be affected by the
abandonment of the state highway or portion of a state highway agree that the state highway
or portion of a state highway no longer serves the ongoing purposes of the state highway
system.
(2) If, pursuant to the provisions of subsection (1) of this section, the abandoned portion
of a state highway is not claimed by a county, city, or town or if title to such abandoned
43-2-107 Transportation Title 43 - page 90
portion reverts to the department of transportation, the department of transportation shall
dispose of the abandoned portion by means of a sale or exchange for not less than fair
market value in the manner set forth in section 43-1-210 (5).
(3) If the department of transportation is not able to dispose of the abandoned portion
of a state highway by means of a sale or exchange following a diligent effort for a five-year
period, the department shall vacate the abandoned portion and title to such portion shall vest
in accordance with the provisions of part 3 of this article.
(4) If it appears to the transportation commission that any landowner suffers damages
because of the abandonment of any portion of a state highway, such damages shall be
determined, tendered, and paid out of funds allocated to the department of transportation in
the same manner as other damages as provided by law.
(5) As used in this section, "exchange" has the same meaning as set forth in section
43-1-210 (5) (d).
Source: L. 53: p. 513, § 6. CRS 53: § 120-13-6. C.R.S. 1963: § 120-13-6. L. 91:
Entire section amended, p. 1100, § 133, effective July 1. L. 96: Entire section amended, p.
1455, § 2, effective June 1. L. 2009: (1) amended, (SB 09-078), ch. 178, p. 786, § 1,
effective August 5.
ANNOTATION
Applied in Williams v. Town of Estes Park,
43 Colo. App. 265, 608 P.2d 810 (1979).
43-2-107. Standards of construction. (1) After December 31, 1953, any roads
which are constructed so as to become a part of the state highway system, as defined in this
part 1, or any road not on said date a part of the state highway system which may be added
thereto shall be constructed or improved in accordance with standards for highway
construction as adopted and approved by the commission.
(2) Any roads, streets, or highways constructed after July 1, 1975, by the state or any
of its political subdivisions shall provide adequate and reasonable access for the safe and
convenient movement of persons with disabilities, including those in wheelchairs, across all
newly constructed or replaced curbs at all pedestrian crosswalks; except that this subsection
(2) shall not be applicable to any contracts executed or let for bid on or before July 1, 1975.
Source: L. 53: p. 514, § 7. CRS 53: § 120-13-7. C.R.S. 1963: § 120-13-7. L. 75:
Entire section amended, p. 1571, § 1, effective June 29. L. 93: (2) amended, p. 1677,
§ 100, effective July 1.
43-2-108. County highway systems. There shall be established in each county a
primary system and a secondary system of county roads.
Source: L. 53: p. 514, § 8. CRS 53: § 120-13-8. C.R.S. 1963: § 120-13-8.
43-2-109. County primary systems. The board of county commissioners of each
county shall select the county primary system of roads on the basis of greatest general
importance, and the system as selected shall constitute an integrated system within itself or
with the state highway system as defined in this part 1.
Source: L. 53: p. 514, § 9. CRS 53: § 120-13-9. C.R.S. 1963: § 120-13-9.
43-2-110. Selection by county - notice - secondary system. (1) The initial selection
of the county road system shall be done in the following manner:
(a) The board of county commissioners of each county shall cause a map to be prepared
showing each road in the county primary and secondary system and designating each
primary road by appropriate number, and said board shall cause notice of intention to adopt
Title 43 - page 91 State, County, and Municipal Highways 43-2-111
said map as the official map of such system to be given, which notice shall specify the time
and place at which all interested persons will be heard Such notice of intention shall be
published once a week for at least two successive weeks preceding the date of such hearing
in a newspaper of general circulation in the county.
(b) After such hearing, the board of county commissioners shall adopt such map, with
any changes or revisions deemed by it to be advisable, as the official map of the road system
of the county.
(2) All roads not on the county primary system and for which the boards of county
commissioners assume responsibility shall be the county secondary system.
(3) Nothing in this section shall limit the power of any board of county commissioners
to subsequently include or exclude any road from the county primary system in the same
manner provided for the selection of the initial road system as provided in this section.
Where a portion of a state highway is abandoned and it appears that such abandoned portion
is necessary for use as a public highway, then such abandoned portion shall become a part
of the county system upon the adoption of a resolution to that effect by the board of county
commissioners of the county wherein such abandoned portion is located within ninety days
after such abandonment.
Source: L. 53: p. 514, § 10. CRS 53: § 120-13-10. C.R.S. 1963: § 120-13-10.
Cross references: For publication of legal notices, see article 70 of title 24.
43-2-111. Road supervisors - districts - duties - powers. (1) The county systems,
both primary and secondary roads, shall be assigned to the county for construction and
maintenance. The board of county commissioners of each county shall, except in counties
where the boundaries thereof coincide with the boundaries of a city, prior to January 1,
1954, appoint road supervisors for all roads constituting the county system. Said supervisors
shall be competent to handle the road and highway work of the county and shall be
approved by the board of county commissioners. Nothing in this section shall preclude one
such person from serving two or more counties. The county surveyor may be appointed, if
found by the board of county commissioners to be properly qualified, or a county
commissioner may act as such supervisor. The board of county commissioners shall
determine the general policies of the county as to county highway matters, and the same
shall be carried out and administered by the county road supervisors.
(2) Each county shall furnish evidence to the transportation commission that it has
complied with the provisions of this section.
(3) The board of county commissioners of the respective counties of the state may
divide their counties into such suitable road districts as, in their judgment, will best subserve
the interest of the people of the whole county.
(4) The board of county commissioners of the respective counties, by mutual agree-
ment, may form road districts consisting of more than one county. Nothing in this section
shall be construed to deny any county the right to expend any funds for county road
purposes outside the limits of said county if the interests of the people of the county will
be subserved thereby. In all cases where road districts from more than one county are
consolidated, the road supervisor shall be appointed by mutual agreement of the boards of
county commissioners of the counties so forming a road district subject to the same
provisions and limitations as provided for road supervisors of single counties. Road
supervisors so appointed by a county or group of counties shall receive a salary to be
determined by the board of county commissioners in the respective county or, in cases of
two or more counties combining to appoint a single supervisor, by agreement between the
boards of county commissioners of the counties so combining. He shall hold office during
satisfactory service, but he may be removed by any board of county commissioners at any
time at the discretion of said board, and a successor appointed.
(5) A road supervisor's duties shall be to take charge of and be responsible for all road
personnel, road machinery, and tools owned by the county and to inspect all roads and
bridges within the county and locate proper road material. He shall make such recommen-
dations for road repair and for construction of roads as in his judgment may be required. He
43-2-112
Transportation
Title 43 - page 92
shall, on the first day of each month, make written recommendations for road and bridge
work together with an estimate of the cost, which shall be subject to the approval of the
board of county commissioners. He shall, on or before the first Monday of each month,
render a full and complete account of all expenditures and contracts for the month
preceding. The type of report shall be prepared in conformity with rules established by the
board of county commissioners. At least once each year the department of transportation
shall hold a meeting for the express purpose of exchanging information with representatives
of the counties relating to highway construction and maintenance.
(6) He has the power now lodged with the board of county commissioners by general
enactment for the prevention of damages to public highways from ditch overflows,
insufficient or unsafe conduits, flumes, or ditches crossing the public highways, the removal
or disposition of any material injurious to the public highway, unsafe railroad or tramway
crossings, or any other cause which may arise and which comes under the jurisdiction of the
board of county commissioners.
Source: L. 53: p. 515, § 11. CRS 53: § 120-13-11. C.R.S. 1963: § 120-13-11.
L. 91: (2) and (5) amended, p. 1100, § 134, effective July 1.
ANNOTATION
Counties by law are charged with the re-
sponsibility of county highways. Bd. of
County Cornm'rs v. Cottingham, 134 Colo. 156,
301 P.2d 135 (1956).
The power of a county to impose conditions
and fees will not be implied where by statute
the identical duty is imposed upon another
agency. Bd. of County Cornm'rs v. Cottingham,
134 Colo. 156, 301 P.2d 135 (1956).
County may not impose unreasonable
regulations on another agency. While counties
are charged by law with the responsibility for
county highways and the state highway depart-
ment has authority to contract with the counties
for maintenance or construction of state high-
ways lying within a county, a county may not
impose unreasonable regulations upon another
agency in the performance of its statutory duty.
Bd. of County Cornm'rs v. Cottingham, 134
Colo. 156, 301 P.2d 135 (1956).
A county has no authority to require a
sanitary district to obtain a permit and pay a
fixed fee prior to excavation of a road or
highway for a sanitary sewer pursuant to the
statutory duty of such district. Bd. of County
Cornm'rs v. Cottingham, 134 Colo. 156, 301
P.2d 135 (1956).
43-2-112. Condemnation for county roads. ( 1 ) The board of county commissioners
on its own initiative may lay out, widen, alter, or change any county road, and the board of
county commissioners shall cause the county road supervisor of the respective county to
survey the proposed road and make a written report to the board of county commissioners
of the county, describing the proposed road to be laid out, opened, or changed, as the case
may be, and the portions of land of each landowner to be taken for that purpose, said report
to be accompanied by a map showing the present and proposed boundaries of the portion
of the county road to be established, opened, or changed, together with an estimate of the
damages and benefits accruing to each landowner whose land may be affected thereby. If,
upon receipt of such report, the board of county commissioners decides that public interest
or convenience will be subserved by the proposed change, said board shall certify such
proposal to the transportation commission and cause a plat to be filed in the office of the
county clerk and recorder in a book kept for that purpose.
(2) The board of county commissioners shall tender to each landowner the amount of
damages as estimated and approved by the board, and the board may designate any person
to act as its agent in making such tender. In estimating the amount of damages to be
tendered, due account shall be taken of any benefits which will accrue to the landowner by
the proposed action; but the amount of benefit shall not in any case exceed the amount of
damages awarded. Any person owning land or having interest in land over which any
proposed county road extends, who is of the opinion that such tender is inadequate, may
personally, or by agent or attorney, on or before ten days from the date of such tender, file
a written request addressed to the board of county commissioners of said county for a jury
to ascertain the compensation which he may be entitled to by reason of damages sustained
Title 43 - page 93
State, County, and Municipal Highways
43-2-115
therefrom. Thereupon, the board of county commissioners shall proceed in the acquisition
of such premises under articles 1 to 7 of tide 38, C.R.S. The board of county commissioners
also has the power and is authorized to proceed in the acquisition of lands of private persons
for county roads, under and according to articles 1 to 7 of title 38, C.R.S., in the first
instance without tender or other proceedings under this part 1.
Source: L. 53: p. 516, § 12. CRS 53: § 120-13-12. C.R.S. 1963: § 120-13-12.
L. 91: (1) amended, p. 1100, § 135, effective July 1.
ANNOTATION
There is no express or implied authority in
subsection (2) for a county to condemn pri-
vate property for parking and transit facili-
ties; subsection (2) only allows a county to
condemn private property "for county roads".
Dept of Transp. v. Stapleton, 81 P.3d 1105
(Colo. App. 2003), rev'd on other grounds, 97
P.3d 938 (Colo. 2004).
Trial court properly dismissed petition by
county to condemn a portion of owner's
property for use as a public road because
county presented no valid public purpose for
its condemnation of owner's property. Here,
public purpose is to benefit private parties; a
few, select members of the public will gain
access to a private cemetery. Such a private
benefit does not constitute a valid public pur-
pose. Bd. of County Comm'rs v. Kobobel, 176
P.3d 860 (Colo. App. 2007).
Applied in Bd. of County Comm'rs v. Inter-
mountain Rural Elec. Ass'n, 655 P. 2d 831 (Colo.
1982).
43-2-113. Abandoned county primary roads. When a portion of the county primary
system is relocated and because of such relocation a portion of the route as it existed before
such relocation is, in the opinion of the board of county commissioners, no longer necessary
as part of the county road system, such portion shall be considered as abandoned, and title
to it shall revert to the owner of the land through which such abandoned portion may he
subject to the provisions of part 3 of this article. If it appears that such abandoned portion
is necessary for use as a secondary road, then such abandoned portion shall become a
secondary road, upon the adoption by the board of county commissioners of a resolution to
that effect. If it appears to the board that any landowner suffers damages because of the
abandonment of any portion of a county primary road, such damages shall be determined,
tendered, and paid in the same manner as other damages referred to in this part 1.
Source: L. 53: p. 517, § 13. CRS 53: § 120-13-13. C.R.S. 1963: § 120-13-13.
ANNOTATION
Resolution not required to establish aban-
donment under this section. This section re-
quires a resolution only if a portion of a road has
been abandoned and is necessary for a second-
ary road, and lack of a resolution does not
establish abandonment Bd. of County Comm'rs
of Morgan County v. Kobobel, 74 P.3d 401
(Colo. App. 2002).
43-2-114. Standards for county primary roads. After December 31, 1953, roads
constructed by the respective counties as part of the primary road system shall be
constructed to general standards acceptable for county primary roads, where found practi-
cable by the board of county commissioners. Such general standards shall conform to those
adopted by the transportation commission for the state highway system for the correspond-
ing class of road in the state highway system.
Source: L. 53: p. 518, § 14. CRS 53: § 120-13-14. C.R.S. 1963: § 120-13-14.
L. 91: Entire section amended, p. 1101, § 136, effective July 1.
43-2-115. Allocations - reports - grace period. The state treasurer or any other state
officer so designated shall make complete allocations from highway user revenues to only
those counties which have complied with all the requirements of this part 1. The state
43-2-116 Transportation Tide 43 - page 94
agency or department designated in this part 1 to receive county reports shall inform the
counties in writing, by certified mail, of any delinquencies in reporting and shall forward a
copy of such notice to the state treasurer. Delinquent counties shall be allowed a grace
period of sixty days after date of notice in which to rectify the delinquency. If the required
reports have not been received at the end of the sixty-day grace period, the state treasurer
shall withhold the moneys due to such counties until he has been informed that the required
reports have been received. Payments withheld will be paid to the counties upon receipt of
the delinquent reports.
Source: L. 53: p. 518, § 15. CRS 53: § 120-13-15. C.R.S. 1963: § 120-13-15.
L. 71: p. 1138, § 3. L. 77: Entire section amended, p. 1935, § 1, effective July 1.
43-2-116. Federal aid - matching funds. In the event that any fund becomes available
from the federal government for expenditure in conjunction with county funds, for the
construction, alteration, repair, or improvement of any roads in any county, the board of
county commissioners of the respective counties, upon approval by the department of
transportation, may use such funds which have accrued to their respective counties from the
highway users tax fund for the purpose of matching the federal funds becoming available
if the board of county commissioners of any such county has, by proper resolution filed in
duplicate with the department of transportation and approved by said department, deter-
mined the road construction, alteration, repair, or improvement to be performed in such
county and the same is found to conform in all respects to the requirements necessary for
the use of such funds of the federal government and if all such funds so available for
matching purposes are expended only as provided by law. Any county using highway users
tax funds for the purpose of matching federal funds shall be required to reimburse the
department of transportation for engineering services rendered by said department in
connection with the expenditure of federal funds.
Source: L. 53: p. 518, § 16. CRS 53: § 120-13-16. C.R.S. 1963: § 120-13-16.
L. 91: Entire section amended, p. 1101, § 137, effective July 1.
43-2-117. County line roads - apportionment If any proposed county road is on the
county line between two counties, the board of county commissioners of each county
interested shall proceed in the same manner provided in section 43-2-112, and the board of
county commissioners of each interested county by mutual agreement shall designate the
county road supervisor who shall survey the proposed road and make the report to said
boards in the same manner as provided in section 43-2-112; and the concurrence of the
boards of county commissioners of both counties shall be necessary to establish it. If any
such road is established, each of such counties shall open and maintain a definite part
thereof, which the board of county commissioners of such counties shall apportion by
mutual agreement between the two counties or by application of subsection (4) of section
43-2-111, and if the boards of county commissioners cannot agree upon the apportionment,
it may refer the matter to three disinterested freeholders as arbitrators, whose duty it shall
be to apportion same and report thereon to the boards of county commissioners of both
counties.
Source: L. 53: p. 519, § 17. CRS 53: § 120-13-17. C.R.S. 1963: § 120-13-17.
43-2-118. Private roads. The manner of laying out any private road from the land of
any person so as to connect with any public road and of condemning the lands necessary
therefor shall be the same as provided in this part 1; except that the petition in such cases
need be signed by only such person and the damages which may accrue and the expense of
opening such road shall be paid by such petitioner.
Source: L. 53: p. 519, § 18. CRS 53: § 120-13-18. C.R.S. 1963: § 120-13-18.
Title 43 - page 95 State, County, and Municipal Highways 43-2-120
43-2-119. County road budgets. The board of county commissioners shall each year
prepare a preliminary or tentative road budget for the county in compliance with the local
government budget Jaw. The county road budget shall show in detail anticipated revenues
from all sources and proposed expenditures for all purposes. The budget shall be compiled
so that it will show, separately, the anticipated revenues and expenditures for the county
road system.
Source: L. 53: p. 519, § 19. CRS 53: § 120-13-19. C.RJS. 19*3: § 120-13-19.
Cross references: For the local government budget law, see part 1 of article 1 of title 29.
43-2-120. Annual county reports. (1) On or before the thirtieth day of June of each
year, the board of county commissioners of each county shall cause to be made and filed
with the highway operations and maintenance division a complete report of the expendi-
tures of all moneys applied to county road systems during the calendar year ending on the
thirty-first day of December next preceding. The highway operations and maintenance
division shall prescribe the form and contents of such report.
(2) The report shall contain the following:
(a) A detailed statement identifying the separate amounts and sources of all moneys
available during the calendar year covered by the report, including moneys made available
by the United States government, the state, and any other governmental agency and moneys
available from bond issues, special assessments, tax levy, or any other source whatever for
expenditure for street and road purposes;
(b) A detailed statement of all expenditures during the calendar year covered by the
report for street and road purposes, including obligations incurred but not yet paid. The
statement shall contain uniform categories to be prescribed by the highway operations and
maintenance division, such categories to include, but not be limited to, expenditures for
rights-of-way or other property, construction, maintenance, acquisition of equipment, and
administration. The statement shall also set forth the amount of funds on hand at the
beginning of the calendar year covered by the report and any unexpended funds remaining
at the close of such calendar year. The highway operations and maintenance division shall
prescribe such other expenditure categories and such other information as may be deemed
necessary by the division to fully disclose the nature and extent of all transactions by any
county relating to streets and roads.
(3) The highway operations and maintenance division shall prepare detailed instruc-
tions for the uniform reporting of receipts and expenditures of all moneys applied to county
streets and roads.
(4) The highway operations and maintenance division shall annually tabulate and
compile all such reports and statements received from the counties and shall publish these
data in accordance with the provisions of section 24-1-136, C.R.S.
(5) (a) On or before March 1 of each year, the board of county commissioners of each
county shall submit to the department of transportation a map which indicates any changes
in the mileage or location of any road within the county system of roads, together with any
changes in the surface classification of any roads within the county system which have been
made during the calendar year ending on December 31 next preceding.
(b) Information concerning the condition of the streets, roads, and highways submitted
pursuant to section 43-1-115 (2), shall be reported in conjunction with the report required
by paragraph (a) of this subsection (5).
Source: L. 53: p. 519, § 20. CRS 53: § 120-13-20. L. 54: p. 153, § 1. C.R.S. 1963:
§ 120-13-20. L. 64: p. 169, § 130. L. 67: p. 919, § 1. L. 71: pp. 1138, 1142, §§ 4, 1.
L. 72: p. 617, § 149. L. 77: (5) amended, p. 1935, § 2, effective July 1. L. 83: (4)
amended, p. 845, § 82, effective July 1. L. 86: (5) amended, p. 1209, § 2, effective April
21. L. 91: (1), (2)(b), and (3) to (5) amended, p. 1101, § 138, effective July 1. L. 98: (1)
amended, p. 1098, § 16, effective June 1.
43-2-121 Transportation Title 43 - page 96
43-2-121. Annual state report At the same time that the highway operations and
maintenance division tabulates the reports and statements from the various counties, said
division shall also prepare a statement setting forth the amount expended by the division
during the preceding calendar year in the same manner as required of counties. Publication
of such data shall be in accordance with the provisions of section 24-1-136, C.R.S.
Source: L. 53: p. 520, § 21. CRS 53: § 120-13-21. C.R.S. 1963: § 120-13-21.
L. 64: p. 169, § 131. L. 83: Entire section amended, p. 845, § 83, effective July 1. L. 91:
Entire section amended, p. 1102, § 139, effective July 1.
43-2-122. State Inspection of county projects. Whenever any county or group of
counties undertakes the construction of any highway project which involves the expenditure
of highway users tax funds and federal funds, it is the duty of the department of
transportation to inspect such projects at such times as the department of transportation
considers necessary for the purpose of determining that such project is being built to the
prescribed standard.
Source: L. 53: p. 520, § 22. CRS 53: § 120-13-22. C.R.S. 1963: § 120-13-22.
L. 91: Entire section amended, p. 1103, § 140, effective July 1.
43-2-123. City street systems. There shall be established in each city, city and county,
and incorporated town a system of streets to be known as the city street system. It shall not
include any street established by law as a part of the state highway system.
Source: L. 53: p. 521, § 23. CRS 53: § 120-13-23. C.R.S. 1963: § 120-13-23.
43-2-124. City streets denned - maintenance. (1) The city street system shall
consist of all streets open and used, which shall include the primary system of major streets
to be designated arterial streets, and a secondary system to be designated local service
streets.
(2) Arterial streets are those streets carrying general traffic within the city and providing
communication with surrounding territory and which are not part of the federal-aid and state
highway connecting links within the city.
(3) Local service streets are all streets within a city open to public travel and which are
not a part of the federal-aid connecting links, state highways, or streets designated as arterial
streets.
(4) The city streets system, both arterial and local service streets, shall be constructed
and maintained by the respective city, city and county, or incorporated town.
Source: L. 53: p. 521, § 24. CRS 53: § 120-13-24. C.R.S. 1963: § 120-13-24.
43-2-125. Adoption of street systems - reports. (1) The arterial streets and local
service streets in any town, city, or city and county shall constitute its city street system. The
system of arterial streets shall be selected in the following manner:
(a) On or before December 31, 1953, the city council, local governing body, or
designated officer of each incorporated town, city, or city and county shall determine the
total mileage of its city street system, and prepare a certification showing the amount of total
mileage.
(b) The city council, local governing body, or designated officer of each municipality
shall then cause a map to be prepared showing each street in the city arterial system and
designating each street by appropriate number for the purpose of identification and shall
cause notice of intention to adopt said map as the official map of such system to be given,
which notice shall specify the time and place at which all interested persons shall be heard.
Such notice of intention shall be published once a week for two successive weeks preceding
the date of such hearing in a newspaper of general circulation in the city, or in case of cities
or towns which have no newspaper published within their limits, notice of intention shall
Title 43 - page 97 State, County, and Municipal Highways 43-2-129
be published by placing said notice in a conspicuous place in such city or incorporated town
generally used for publishing such public notices.
(c) After such hearing the city council, local governing body, or designated officer shall
certify such map, with any changes or revisions deemed to be advisable, as the official map
of the arterial street system.
(d) On or before December 31, 1953, each town, city, or city and county shall file
copies of the following information with the department of transportation:
(1) Certification of the total mileage of streets in its city street system as provided in
paragraph (a) of mis subsection (1);
(II) Certification adopting its arterial street system, together with a copy of the map of
the arterial street system as provided in paragraph (c) of this subsection (1 ).
(2) Changes in total mileage and arterial mileage shall be made in a similar manner and
all such changes shall be reported as made. Each annual report as required in section
43-2-132 shall include all changes or a statement that no changes have been made.
Source: L. 53: p. 521, § 25. CRS 53: § 120-13-25. C.R.S. 1963: § 120-13-25.
L. 91: IP(l)(d) amended, p. 1103, § 141, effective July 1.
Cross references: For publication of legal notices, see article 70 of title 24.
43-2-126. Street supervisors - duties. (Repealed)
Source: L. 53: p. 522, § 26. CRS 53: § 120-13-26. C.R.S. 1963: § 120-13-26.
L. 89: Entire section repealed, p. 1293, § 18, effective April 6.
43-2-127. Contracts for street supervision - report (Repealed)
Source: L. 53: p: 523, § 27. CRS 53: § 120-13-27. C.R.S. 1963: § 120-13-27.
L. 89: Entire section repealed, p. 1293, § 18, effective April 6.
43-2-128. Municipalities exempt from street supervision sections. (Repealed)
Source: L. 53: p. 523, § 28. CRS 53: § 120-13-28. C.R.S. 1963: § 120-13-28.
L. 75: Entire section amended, p. 1272, § 13, effective July 1. L. 89: Entire section
repealed, p. 1293, § 18, effective April 6.
43-2-129. Accounting by municipalities - unexpended funds - matching federal
aid. (1) All amounts paid to each city, city and county, or incorporated town out of the
highway users tax fund shall be accounted for as provided in this part 1.
(2) A city, city and county, or incorporated town, if moneys paid from the highway
users tax fund are not expended in any fiscal year, may carry over and rebudget such
moneys for the succeeding year; or it may make expenditures in anticipation of receipt of
these moneys and receive credit for them in the year in which the moneys are received.
(3) In the event that any funds become available from the federal government for
expenditure by the cities and incorporated towns in conjunction with funds which have
accrued to such cities and incorporated towns for the construction, alteration, repair, or
improvement of any street within the limits of said cities or incorporated towns, the city
council or local governing authority of the respective cities and incorporated towns, upon
the approval by the department of transportation, may use such funds which have accrued
to them from the highway users tax fund for the purpose of matching the federal funds
becoming available; if the city council or local governing authority of such city or
incorporated town has, by proper resolution, filed in duplicate with the department of
transportation and approved by said department, determined that the street construction,
alteration, repair, or improvement to be performed in such city or incorporated town
43-2-130 Transportation Tide 43 - page 98
conforms in all respects to the requirements necessary for the use of such funds from the
federal government and if all such funds becoming available are expended only as provided
by law.
Source: L. 53: p. 523, § 29. CRS 53: § 120-13-29. C.R.S. 1963: § 120-13-29.
L. 91: (3) amended, p. 1103, § 142, effective July 1.
43-2-130. Street budgets. In each city, city and county, and incorporated town, the
street supervisor or authorized budget officer, in compliance with the local government
budget law, shall prepare each year a tentative street budget covering all proposed
expenditures for the ensuing calendar year for the city street system. He shall submit the
same as his recommended budget for the city street system to the city council or local
governing authority for approval.
Source: L. 53: p. 524, § 30. CRS 53: § 120-13-30. C.R.S. 1963: § 120-13-30.
Cross references: For the local government budget law, see part 1 of article 1 of title 29.
43-2-131. Municipal allocations - delinquent reports - grace period. The state
treasurer or any other state officer so designated shall make complete allocations from
highway user revenues to only those cities, cities and counties, or towns which have
complied with all the requirements of this part 1. The state agency or department designated
in this part 1 to receive reports shall inform the cities, cities and counties, or towns in
writing, by certified mail, of any delinquencies in reporting and shall forward a copy of such
notice to the state treasurer. Delinquent cities, cities and counties, or towns shall be allowed
a grace period of sixty days after date in which to rectify the delinquency. If the required
reports have not been received at the end of the sixty-day grace period, the state treasurer
shall withhold the moneys due to such cities, cities and counties, or towns until he has been
informed that the required reports have been received. Payments withheld will be paid to
the cities, cities and counties, or towns upon receipt of the delinquent reports.
Source: L. 53: p. 524, § 31. CRS 53: § 120-13-31. C.R.S. 1963: § 120-13-31.
L. 71: p. 1138, § 5. L. 77: Entire section amended, p. 1936, § 3, effective July 1.
43-2-132. Annual municipal reports. (1) On or before the thirtieth day of June of
each year, every city, city and county, and incorporated town shall cause to be made and
filed with the highway operations and maintenance division a complete report of the
expenditures of all moneys applied to city street systems during the calendar year ending on
the thirty-first day of December next preceding. The highway operations and maintenance
division shall prescribe the form and contents of such report.
(2) The report shall contain the following:
(a) A detailed statement identifying the separate amounts and sources of all moneys
available during the calendar year covered by the report, including moneys made available
by the United States government, the state, the county, and any other governmental agency,
and moneys available from bond issues, special assessments, tax levy, or any other source
whatever for street or road purposes;
(b) A detailed statement of all expenditures during the calendar year covered by the
report for street and road purposes, including obligations incurred but not yet paid. The
statement shall contain uniform categories to be prescribed by the department of transpor-
tation, such categories to include but not be limited to expenditures for rights-of-way or
other property, construction, maintenance, acquisition of equipment, and administration.
The statement shall also set forth the amount of funds on hand at the beginning of the
calendar year covered by the report, the manner in which highway users tax fund moneys
and the county road and bridge fund were spent during such calendar year, and the amount
of any unexpended funds remaining at the close of such calendar year. The department of
transportation shall prescribe such other expenditure categories and such other information
Title 43 - page 99 State, County, and Municipal Highways 43-2-134
as may be deemed necessary by the department to fully disclose the nature and extent of all
transactions by any city, city and county, or incorporated town relating to streets and roads.
Any moneys which have become available to any city, city and county, and incorporated
town for expenditure on roads and bridges by virtue of a condition placed on any type of
land use approval shall be accounted for separately and said expenditures shall be limited
to roads and bridges in connection with such land use project
(3) The highway operations and maintenance division shall prepare detailed instruc-
tions for the uniform reporting of receipts and expenditures of all moneys to city streets and
roads.
(4) The highway operations and maintenance division shall annually tabulate and
compile all such reports and statements received from the cities, city and counties, and
incorporated towns and shall publish these data in accordance with the provisions of section
24-1-136, C.R.S.
(5) (a) On or before March 1 of each year, each city, city and county, and incorporated
town shall submit to the department of transportation the certification prepared as provided
by section 43-2-125 showing all changes in total mileage and arterial mileage having been
made during the calendar year ending on December 31 next preceding.
(b) Information concerning the condition of the streets, roads, and highways submitted
pursuant to section 43-1-115 (2), shall be reported in conjunction with the report required
by paragraph (a) of this subsection (5).
(6) The reports required by this section shall be audited in accordance with the
provisions of part 6 of article 1 of title 29, C.R.S., and such reports shall be included as
supplementary information in the annual audit report.
Source: L. 53: p. 524, § 32. CRS 53: § 120-13-32. C.R.S. 1963: § 120-13-32.
L. 64: p. 169, § 132. L. 67: p. 920, § 2. L. 71: pp. 1139, 1143, §§ 6, 2. L. 72: p. 617,
§ 150. L. 77: (5) amended, p. 1936, § 4, effective July 1. L. 83: (4) amended, p. 845,
§ 84, effective July 1. L. 86: (5) amended, p. 1210, § 3, effective April 21. L. 89: (2)(b)
amended and (6) added, p. 1261, § 2, effective July 1. L. 91: (1), (2)(b), and (3) to (5)
amended, p. 1103, § 143, effective July 1. L. 98: (1) amended, p. 1098, § 17, effective
June 1.
43-2-132.5, Maintenance of local effort - highways. (Repealed)
Source: L. 89, 1st Ex. Sess.: Entire section added, p. 60, § 16, effective August 1.
L. 91: (4) amended, p. 1104, § 144, effective July 1. L. 94: Entire section repealed, p. 96,
§ 1, effective March 18.
43-2-133. State inspection of municipal projects. Whenever any city, city and county,
or incorporated town undertakes the construction of any street project which involves the
expenditure of state funds and federal funds, it is the duty of the department of transpor-
tation to inspect such projects at such times as the department of transportation deems
necessary for the purposes of detenmning whether such projects are being built to the
recommended standards.
Source: L. 53: p. 525, § 33. CRS 53: § 120-13-33. C.R.S. 1963: § 120-13-33.
L. 91: Entire section amended, p. 1105, § 145, effective July 1.
43-2-134. Certification of designations - notice of change. (1) Within thirty days
after December 31, 1979, the department of transportation shall certify by brief description
in duplicate to the governing body and to the clerk of each municipality which streets,
together with the bridges or other structures thereon, if any, in such municipality are
presently designated as part of the state highway system as defined in this part 1.
(2) Thereafter, the department of transportation shall inform each municipality of any
change in designation that has occurred within its jurisdiction not later than sixty working
days after the change.
43-2-135 Transportation Title 43 - page 100
(3) No change shall be made in the designation of such street as a part of the state
highway system without prior notice to the municipality and without opportunity for
hearing before the commission.
Source: L. 53: p. 525, § 34. CRS 53: § 120-13-34. C.R.S. 1963: § 120-13-34.
L. 79: Entire section amended, p. 1596, § 1, effective April 25. L. 91: (1) and (2)
amended, p. 1105, § 146, effective July 1.
43-2-135. Division of authority over streets. (1) The jurisdiction, control, and duty
of the state, cities, cities and counties, and incorporated towns with respect to streets which
are a part of the state highway system is as follows:
(a) The city, city and county, and incorporated town shall exercise full responsibility for
and control over any such street beyond and including the curbs and, if no curb is installed,
beyond the traveled way, its contiguous shoulders, and appurtenances; except that the
regulation and control of driveways shall be subject to the provisions of section 43-2-147.
(b) The department of transportation has authority to prohibit the suspension of signs,
banners, or decorations above the portion of such streets between the curbs or portion used
for highway purposes up to a vertical height of twenty feet above the surface of the
roadway.
(c) The city, city and county, or incorporated town at its own expense shall maintain all
underground facilities in such streets and has the right to construct such underground
facilities as may be necessary in such streets.
(d) The city, city and county, or incorporated town has the right to grant the privilege
to open the surface of any such street, but all damages occasioned thereby shall promptly
be repaired either by the city, city and county, or incorporated town itself or at its direction.
(e) The city, city and county, or incorporated town at its own expense shall provide
street illumination and shall clean all such streets, including storm sewer inlets and catch
(f) The department of transportation has the right to utilize all storm sewers on such
highways without cost; and if new storm sewer facilities are necessary in construction of
streets by the department of transportation, the cost of such facilities shall be borne by the
state and municipality as may be mutually agreed upon between the department of
transportation and the local governing body of the city, city and county, or incorporated
town.
(g) Cities, cities and counties, and incorporated towns shall regulate and enforce all
traffic and parking restrictions on streets which are state highways, but all regulations
adopted after December 31, 1979, shall be approved in writing by the department of
transportation before becoming effective on such streets; except that such regulations shall
become effective on such streets sixty days after receipt for review by the department of
transportation if not disapproved in writing by said department during that sixty-day period.
(h) The department of transportation shall erect, control, and maintain at state expense
all route markers and directional signs, except street signs on those streets.
(i) The department of transportation shall install, operate, maintain, and control at state
expense all traffic control signals, signs, and traffic control devices on state highways in
cities, the city and county of Denver, the city and county of Broomfield, and incorporated
towns. No local authority shall erect or maintain any stop sign or traffic control signal at any
location so as to require the traffic on any state highway to stop before entering or crossing
any intersecting highway unless approval in writing has first been obtained from the
department of transportation. For the purpose of this paragraph (i), striping, lane-marking,
and channelization are considered traffic control devices.
(j) Rights-of-way for such street shall be acquired by either the city, city and county, or
incorporated town or by the state as is mutually agreed upon. Costs of acquiring such
rights-of-way may be at the sole expense of the state or the city, city and county, or
incorporated town, or both, as may be mutually agreed. Title to all rights-of-way so acquired
shall vest in the city, city and county, or incorporated town, or the state, according to the
agreement under which said rights-of-way were secured.
Title 43 - page 101 State, County, and Municipal Highways
43-2-136
(k) The department of transportation is authorized to acquire rights-of-way by pur-
chase, gift, or condemnation for any such streets, highways, and bridges. Any such
condemnation proceeding shall be exercised in the manner provided by law for condem-
nation proceedings to acquire lands required for state highways. Nothing in this section
shall be construed as abrogating the rights of home rule cities to acquire lands for state
purposes in the manner set forth in the charter of said cities.
Source: L. 53: p. 526, § 35. CRS 53: § 120-13-35. C.RJS. 1963: § 120-13-35.
L. 71: p. 202, § 10. L. 74: (l)(i) amended, p. 358, § 1, effective July 1. L. 79: (lXg)
amended, p. 1598, § 2, effective May 18. L. 80: (l)(a) amended, p. 798, § 66, effective
June 5. L. 91: (l)(b), (l)(f) to (l)(i), and (1) (k) amended, p. 1105, § 147, effective July
1. L. 2001: (l)(i) amended, p. 273, § 27, effective November 15.
ANNOTATION
Municipal regulations relating to traffic
and parking on highway-streets subject to
approval by highway department This sec-
tion declares that cities, cities and counties, and
incorporated towns shall regulate and enforce
traffic and parking restrictions on all highway-
streets within the municipal boundaries, but pro-
vides that all regulations shall be subject to
approval of the department of highways before
becoming effective. This section also purports to
divide authority over streets which are part of
the state highway system. It defines in detail the
obligations of cities, cities and counties, and
incorporated towns with respect to streets which
are a part of the state highway system. City &
County of Denver v. Pike, 140 Colo. 17, 342
P.2d 688 (1959).
Where state has recognized right to regu-
late, no prior approval required. Where the
right of a city to regulate speed on a freeway
bisecting a city has been recognized by the state,
allowing the city to post the highway and en-
force its ordinances, it is not necessary for the
city to obtain prior approval of its regulations
before they could become effective. City &
County of Denver v. Pike, 140 Colo. 17, 342
P.2d 688 (1959).
This section authorizes resort to agreement
concerning the acquisition of property; how-
ever, it is only an optional method and is per-
missible as a substitute for proceedings in con-
demnation. Town of Greenwood Vill. v. District
Court, 138 tola 283, 332 P.2d 210 (1958).
Considering paragraphs (J) and (k) of sub-
section (1) together, paragraph (j) is permis-
sive only and does not make consent of a town
a prerequisite to condemnation of private prop-
erty within its corporate limits, or to condemna-
tion of public property already in use for street
purposes, the fee title to which lies in a town.
Town of Greenwood Vill. v. District Court, 138
Colo. 283, 332 P.2d 210 (1958).
The department of highways can lawfully
condemn public or private property within a
municipality for the purpose of continuing state
highways into or through cities or towns. The
principle is identical as far as acquisition of park
lands by the state is concerned. Welch v. City &
County of Denver, 141 Colo. 587, 349 P.2d 352
(1960).
State not compelled to condemn where city
and state have agreement Where agreement
was reached between the state and the city
where the city granted the state the right to
construct a highway on park land, the state was
not compelled to institute condemnation pro-
ceedings. By enacting the ordinances authoriz-
ing the use of park lands for highway purposes,
all was accomplished by agreement that would
otherwise have had to be accomplished by con-
demnation proceedings. Welch v. City & County
of Denver, 141 Colo. 587, 349 P.2d 352 (1960).
43-2-136. Department makes rules for rating. (1) The department of transportation
shall promulgate and adopt rules and regulations for a practical system of rating roads,
streets, and highways based on sufficiency rating studies for the systems under its specific
jurisdiction as follows:
(a) Priorities for construction on the state highway system as designated by this part 1
shall be determined by the transportation commission not later than May thirtieth of the year
preceding the year during which said construction is to be undertaken.
(b) The transportation commission in establishing priorities shall make use of a
sufficiency rating which shall take into consideration traffic volume, composition of traffic,
width of the roadbed, pavement type, and such other construction factors as it deems
necessary in order to adequately compare existing highway facilities with the known
desirable standards for highways which should apply.
43-2-137 Transportation Title 43 - page 102
Source: L. 53: p. 528, § 36. CRS 53: § 120-13-36. C.R.S. 1963: § 120-13-36.
L. 91: Entire section amended, p. 1106, § 148, effective July 1.
Cross references: For rule-making procedures, see article 4 of title 24.
43-2-137. Counties submit priorities - instructions. The boards of county commis-
sioners of the various counties in Colorado and the city council of the city and county of
Denver and the city council of the city and county of Broomfield shall annually submit to
the commission priorities for the construction of roads and streets within their specific
jurisdiction on the state highway system, plus all proposed projects not a part of the state
highway system but utilizing federal funding. For purposes of this section and section
43-2-138, the city and county of Denver and the city and county of Broomfield shall be
considered counties.
Source: L. 53: p. 528, § 37. CRS 53: § 120-13-37. C.R.S. 1963: § 120-13-37.
L. 79: Entire section amended, p. 1596, § 2, effective April 25. L. 2001: Entire section
amended, p. 273, § 28, effective November 15.
43-2-138. Municipalities submit priorities - instructions. The city council or local
governing authority of each incorporated place situated in Colorado shall annually submit
to the commission, directly or through the board of county commissioners, priorities for the
construction of roads and streets within its specific jurisdiction on the state highway system,
plus all proposed projects not a part of the state highway system but utilizing federal
funding.
Source: L. 53: p. 528, § 38. CRS 53: § 120-13-38. C.R.S. 1963: § 120-13-38.
L. 79: Entire section amended, p. 1597, § 3, effective April 25.
43-2-139. Roadside advertising on county roads. The board of county commissioners
of each county has the power to require all persons placing or maintaining road signs, guide
boards, billboards, and bulletin boards, of any kind on any road constituting a part of the
county highway system which do not conform to the standards designated by the transpor-
tation commission, to remove the same, and if such persons do not comply with such
requirements, the board of county commissioners has the power to remove said signs and
boards. Where said signs and boards are erected outside the right-of-way of any county road
in such a manner that any portion of said sign or board projects onto the right-of-way of said
county road, the board of county commissioners has the power to remove as much of said
sign or board projecting onto said right-of-way as is necessary to keep said right-of-way
free and clear of obstruction.
Source: L. 53: p. 529, § 39. CRS 53: § 120-13-39. C.R.S. 1963: § 120-13-39.
L. 91: Entire section amended, p. 1107, § 149, effective July 1.
43-2-140. Roadside advertising on state highways. (Repealed)
Source: L. 53: p. 529, § 40. CRS 53: § 120-13-40. C.R.S. 1963: § 120-13-40.
L. 81: Entire section repealed, p. 2019, § 4, effective July 1.
Cross references: For provisions concerning roadside advertising, see the "Outdoor Advertising
Act", part 4 of article 1 of this title.
43-2-141. Violation of sections - penalties. Any person or corporation who places or
maintains any road signs, guide boards, billboards, or bulletin boards on any road consti-
tuting the county system in violation of section 43-2-139, upon conviction thereof, shall be
punished by a fine of not less than fifteen dollars nor more man fifty dollars. Any person or
Title 43 - page 103 State, County, and Municipal Highways 43-2-145
corporation which injures, defaces, or destroys any road sign placed on any county road, as
provided by law, shall be punished by a fine of not less than fifteen dollars nor more than
fifty dollars.
Source: L. 53: p. 529, § 41. CRS 53: § 120-13-41. C.R.S. 1963: § 120-13-41.
L. 81: Entire section amended, p. 2019, § 2, effective July 1.
43-2-142. Jurisdiction. All courts of record having jurisdiction of misdemeanors have
jurisdiction to try any case arising from the violation of mis part 1 or any provision thereof.
Source: L. 53: p. 529, § 42. CRS 53: § 120-13-42. C.R.S. 1963: § 120-13-42.
L. 64: p. 312, § 283.
43-2-143. Obstructing highway view - penalty. (Repealed)
Source: L. 53: p. 530, § 43. CRS 53: § 120-13-43. C.R.S. 1563: § 120-13-43.
L. 81: Entire section repealed, p. 2019, § 4, effective July 1.
43-2-144. Intergovernmental highway contracts. (1) The transportation commis-
sion, counties, and municipalities have the following powers, in addition to powers which
they may already have, to contract with one another concerning streets, roads, and
highways.
(2) The board of county commissioners of any county is authorized to contract with the
transportation commission or with any city or town within the county, or with both the
transportation commission and a city or town, for the construction or maintenance, or both,
of county or state highways within the county or within the county and the city or town.
Adjoining counties may also contract with each other for construction or maintenance, or
bom, of public highways where roads in one county may be constructed or maintained, or
both, more economically by an adjoining county.
(3) Towns and cities are authorized to contract with the transportation commission or
with the board of county commissioners, or with both the transportation commission and the
board of county commissioners, for the construction or maintenance, or both, of city streets
or county or state highways within the town or city.
(4) Such contracts may extend for an indefinite period of time. The expenditures to be
required each year shall be separately budgeted, and where the contract may extend over
more than one budgeting period, the entire amount required by such contract need not be
budgeted before such contract is made.
(5) Existing valid contracts between the parties enumerated in subsections (2) and (3)
of this section shall not automatically be voided by the adoption of this part 1 but are
expressly confirmed and ratified; but, upon the agreement of all parties to a contract, such
contract may be modified in accordance with this part 1.
Source: L. 53: p. 530, § 44. CRS 53: § 120-13-44. C.R.S. 1963: § 120-13-44.
L. 91: (1) to (3) amended, p. 1107, § 150, effective July 1.
43-2-145. Transportation legislation review - committee. (1) (a) The transporta-
tion legislation review committee is hereby created in order to give guidance and direction
to:
(I) The department of transportation in the development of the state transportation
system and to provide legislative overview of and input into such development;
(II) The department of revenue in the licensing of drivers and registration and titling of
motor vehicles; and
(HI) Any state agency or political subdivision of Colorado that regulates motor vehicles
or traffic, including, without limitation, penalties imposed for violating traffic statutes and
rules.
43-2-145 Transportation Title 43 - page 104
(b) The committee shall meet at least once each year to review transportation, traffic,
and motor vehicle legislation and may consult with experts in the fields of traffic regulation,
the licensing of drivers, the registration and titling of motor vehicles, and highway
construction and planning and may consult with die personnel of the department of
transportation or the department of revenue as may be necessary; except that the committee
shall not meet during the 2010 interim. All personnel of the department of transportation,
department of revenue, or any state agency or political subdivision of Colorado that
regulates motor vehicles or traffic shall cooperate with the committee and with any persons
assisting the committee in carrying out its duties pursuant to this section. The committee
may review any phase of department of transportation operations, including planning and
construction of highway projects, prior to and during the completion of such projects.
(c) The committee may also conduct a postoperation review of such projects to
determine whether the project was completed in the most cost-effective and efficient
manner. The committee may require the department of transportation to prepare and adopt
five-, ten-, and fifteen-year plans for the development of the state transportation system, and
the committee shall monitor the progress of such plans. The committee may also require
financial or performance audits to be conducted. Upon completion of its review of the
transportation laws, the committee shall make recommendations to the governor and to the
general assembly for such additional legislation as it deems necessary. The committee shall
also develop and make recommendations concerning the financing of the state transporta-
tion system. Legislation recommended by the committee shall be treated as legislation
recommended by an interim legislative committee for purposes of any introduction dead-
lines or bill limitations imposed by the joint rules of the general assembly.
(d) Prior to January 1, 2016, the committee shall develop and make recommendations
concerning the financing of the completion of the strategic transportation projects identified
by the department as the "seventh pot projects". No later than February 1, 2016, the
committee shall recommend legislation to implement the recommendations, and such
legislation shall be treated as legislation recommended by an interim legislative committee
for purposes of any introduction deadlines or bill limitations imposed by the joint rules of
the general assembly; except that the bills shall not be subject to review by or approval of
legislative council.
(1.3) (a) (I) For purposes of this subsection (1.3), "agency" means any state, regional,
or local agency, authority, department, district, or organization, other than ah individual
municipality or county, that:
(A) Is responsible for researching, planning, developing, or improving transportation
systems, mass transit systems, or regional plans that include the provision of mass transit
within the jurisdiction of the agency; and
(B) Has or may have overlapping or coterminous jurisdiction with another agency.
(II) The term "agency" includes, without limitation, the department of transportation,
the regional transportation district, the Colorado intermountain fixed guideway authority,
and the Denver regional council of governments.
(b) Each agency shall share information and coordinate efforts with other agencies in
the research, planning, and development of mass transit systems to avoid the creation of
duplicative or conflicting mass transit systems in the state. The committee may review the
operations of any agency to ensure compliance with the provisions of this paragraph (b). In
connection with the review of the committee, any agency required to share information and
coordinate efforts in accordance with this paragraph (b) shall report to the committee no
later than August 15, 2001, and each August 15 thereafter through August 15, 2009, and no
later than August 15, 2011, and each August 15 thereafter regarding compliance with this
paragraph (b).
(1.5) The committee may review any phase of operations of any public highway
authority created pursuant to part 5 of article 4 of this tide, including planning and
construction of public highway projects, prior to and during the completion of such projects.
The committee may also conduct a postoperation review of a project to determine whether
the project was completed in the most cost-effective and efficient manner. The committee
may require any public highway authority to prepare and adopt long-range plans for the
development of the public highways, and the committee shall monitor the progress of such
Title 43 - page 105 State, County, and Municipal Highways 43-2-145
plans. The committee may also require the state auditor to conduct a financial or perfor-
mance audit of any public highway authority.
(1.6) and (1.8) Repealed.
( 1 .9) The committee may review any phase of operations of any regional transportation
authority created pursuant to part 6 of article 4 of this title, including the planning and
construction of regional transportation systems, prior to and during the completion of such
systems. The committee may also conduct a postoperation review of any system to
determine whether the system was completed in the most cost-effective and efficient
manner. The committee may require any regional transportation authority to prepare and
adopt long-range plans for the development of regional transportation systems, and the
committee shall monitor the progress of the plans. The committee may also require financial
or performance audits to be conducted.
(2) Repealed.
(2.5) (a) Effective January 1, 2001, the committee shall be comprised of the members
of the transportation and energy committee of reference of the house of representatives and
the members of the transportation committee of reference of the senate. The chairman of the
senate transportation committee shall be the chairman in even-numbered years and vice-
chairman in odd-numbered years. The chairman of the house transportation and energy
committee shall be chairman in odd-numbered years and vice-chairman in even-numbered
years.
(b) The members of the respective committees of reference shall receive the usual per
diem and necessary travel and subsistence expenses as provided for members of the general
assembly who attend interim committee meetings pursuant to section 2-2-307, C.R.S.
(3) and (4) Repealed.
(5) The legislative council staff shall be made available to assist the committee in
carrying out its duties pursuant to this section.
(6) to (8) Repealed.
Source: L. 53: p. 531, § 45. CRS 53: § 120-13-45. C.R.S. 1963: § 120-13-45.
L. 86: Entire section amended, p. 427, § 68, effective March 26; entire section R&RE, p.
1133, § 10, effective July 1. L. 87: (1.5) added, p. 1856, § 3, effective August 27. L. 88:
(1.6) added, p. 1387, § 13, effective July l.L. 89, 1st Ex. Sess.: (1.8) added, p. 62, § 17,
effective August 1. L. 90: (1) amended and (6) repealed, pp. 1826, 1827, §§ 1, 2, effective
March 13. L. 91: (1) amended, p. 1107, § 151, effective July 1. L. 94: (1) amended, p.
621, § 1, effective April 14; (7) added, p. 1388, § 4, effective May 25. L. 97: (1.9) added,
p. 499, § 4, effective August 6. L. 2000: (2), (3), and (4) amended and (2.5) added, p. 116,
§ 4, effective March 15. L. 2001: (1.3) added, p. 298, § 1, effective August 8. L. 2005:
(1.6) and (1.8) repealed, p. 291, § 47, effective August 8; (1.9) amended, p. 1069, § 18,
effective January 1, 2006. L. 2007: (1.3)(b) amended, p. 2050, § 104, effective June 1; (1)
amended, p. 341, § 1, effective August 3. L. 2009: (l)(d) added, (SB 09-228), ch. 410, p.
2264, § 15, effective July 1; (8) added, (HB 09-1230), ch. 232, p. 1067, § 3, effective
August 5. L. 2010: (1Kb) and (1.3)(b) amended, (SB 10-213), ch. 375, p. 1765, § 14,
effective June 7. L. 2011: (1.5) amended, (HB 11-1118), ch. 84, p. 228, § 2, effective
March 31.
Editor's note: (1) House Bill 86-1101 superseded by Senate Bill 86-36.
(2) Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 1995. (See L. 94,
p. 1388.)
(3) Subsection (2)(d) provided for the repeal of subsection (2), subsection ( 3 )(b) provided for the
repeal of subsection (3), and subsection (4)(b) provided for the repeal of subsection (4), effective
January 1, 2001. (See L. 2000, p. 116.)
(4) Subsection (8)(c) provided for the repeal of subsection (8), effective July 1, 2010. (See L.
2009, p. 1067.)
Cross references: For the legislative declaration contained in the 2005 act amending subsection
(1.9), see section 1 of chapter 269, Session Laws of Colorado 2005.
43-2-145.5 Transportation Title 43 - page 106
43-2-145.5. Transportation legislation review committee - study of revisions to the
traffic law - compulsory insurance. (Repealed)
Source: L. 91: Entire section added, p. 1403, § 1, effective May 24. L. 93: (4) and (6)
amended, p. 66, § 1, effective March 22. L. 94: (3)(a), (4), and (6) amended and (3)(e) and
(3)(f) added, p. 575, § 1, effective April 7; (l)(a) amended, p. 622, § 4, effective April 14;
(4) and (6) amended, p. 2539, § 3, effective January 1, 1995.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 1996. (See
L. 91, p. 1403; L. 93, p. 66; L. 94, p. 259.)
43-2-146. Highway bypasses - public policy - when. ( 1 ) It is the public policy of the
state of Colorado that where the transportation commission has authorized a highway
bypass to be built around any incorporated city or town or unincorporated business
community of the state of Colorado, the original state highway or state and federal highway
markings shall remain on the existing highway through such incorporated city, town, or
unincorporated business community and the existing highway shall be maintained, and the
new bypass highway shall carry the designation "bypass" or other similar markings.
(2) In all cases where such relocation has been authorized as a part of the national
system of interstate and defense highways, the original state highway may be retained as
part of the state system or a new and more direct approach road may be constructed to
maintain service to such incorporated city, town, or unincorporated business community. In
the event a new and more direct approach road is constructed, such approach road shall be
placed on the state highway system and the original state highway may be deleted from the
state system as provided in section 43-2-106. The markings of the relocated system of
highways shall be accomplished in accordance with the practice established under section
42-4-104, C.R.S.
Source: L. 55: p. 752, § 1. CRS 53: § 120-13-46. L. 61: p. 647, §§ 1, 2.
C.R.S. 1963: § 120-13-46. L. 91: (1) amended, p. 1108, § 152, effective July 1. L. 94:
(2) amended, p. 2571, § 98, effective January 1, 1995.
43-2-147. Access to public highways. (1) (a) The department of transportation and
local governments are authorized to regulate vehicular access to or from any public
highway under their respective jurisdiction from or to property adjoining a public highway
in order to protect the public health, safety, and welfare, to maintain smooth traffic flow, to
maintain highway right-of-way drainage, and to protect the functional level of public
highways. In furtherance of these purposes, all state highways are hereby declared to be
controlled-access highways, as defined in section 42-1-102 (18), C.R.S.
(b) Vehicular access to or from property adjoining a state highway shall be provided to
the general street system, unless such access has been acquired by a public authority. Police,
fire, ambulance, and other emergency stations shall have a right of direct access to state
highways. After June 21, 1979, no person may submit an application for subdivision
approval to a local authority unless the subdivision plan or plat provides that all lots and
parcels created by the subdivision will have access to the state highway system in
conformance with the state highway access code.
(c) The provisions of this section shall not be deemed to deny reasonable access to the
general street system.
(2) and (3) Repealed.
(4) The commission shall adopt a state highway access code, by rule and regulation, for
the implementation of this section, on or after March 16, 1980. The access code shall
address the design and location of driveways and other points of access to public highways.
The access code shall be consistent with the authority granted in this section and shall be
based upon consideration of existing and projected traffic volumes, the functional classi-
fication of public highways, adopted local transportation plans and needs, drainage require-
ments, the character of lands adjoining the highway, adopted local land use plans and
Title 43 - page 107 State, County, and Municipal Highways 43-2-147
zoning, the type and volume of traffic to use the driveway, other operational aspects of the
driveway, the availability of vehicular access from local streets and roads rather than a state
highway, and reasonable access by city streets and county roads.
(5) (a) After the effective date of the access code, no person shall construct any
driveway providing vehicular access to or from any state highway from or to property
adjoining a state highway without an access permit issued by the appropriate local authority
with the written approval of the department of transportation. If the local authority fails to
act within forty-five days after an access permit has been requested, such permit shall be
deemed issued subject to written approval of the department of transportation. If the
department of transportation does not act upon an access permit within twenty days after
notice by the local authority, or within twenty days after local authorities should have acted,
whichever is the lesser, such permit shall be deemed approved. Upon written request by a
local authority, the department of transportation shall administer or assist in the adminis-
tration of access permits in that jurisdiction. If the department of transportation undertakes
to administer access permits in a jurisdiction, it shall act upon requested access permits
within forty-five days of request. If the department of transportation fails to act within
forty-five days upon a requested access permit, such permit shall be deemed approved.
Access permits shall be issued only in compliance with the access code and may include
terms and conditions authorized by the access code.
(b) The issuing authority shall establish a reasonable schedule of fees for access permits
issued pursuant to the access code and this section, which fees shall not exceed the costs of
administration of access permits.
(c) When a permitted driveway is constructed or utilized in violation of the access code,
permit terms and conditions, or this section, either the issuing authority or the department
of transportation or both may obtain a court order enjoining violation of the access code,
permit terms and conditions, or this section. Such access permits may be revoked by the
issuing authority if, at any time, the permitted driveway and its use fail to meet the
requirements of this section, the access code, or the terms and conditions of the permit. The
department of transportation may install barriers across or remove any driveway providing
direct access to a state highway which is constructed without an access permit
(6) (a) The provisions of this section shall not apply to driveways in existence on June
30, 1979, unless specifically stated otherwise. Driveways constructed between July 1, 1979,
and the effective date of the access code shall comply with the driveway code adopted by
the department of transportation pursuant to statutory authority prior to July 1, 1979.
(b) Any driveway, whether constructed before, on, or after June 30, 1979, may be
required by the department of transportation with written concurrence of the appropriate
local authority to be reconstructed or relocated to conform to the access code, either at the
property owner' s expense if the reconstruction or relocation is necessitated by a change in
the use of the property which results in a change in the type of driveway operation or at the
expense of the department of transportation if the reconstruction or relocation is necessi-
tated by changes in road or traffic conditions. The necessity for the relocation or recon-
struction shall be determined by reference to the standards set forth in the access code.
(c) Any party who has received an adverse decision by the department of transportation
may request and shall receive a hearing before the transportation commission or before an
administrative law judge from the department of personnel, at the discretion of the
transportation commission. Such hearing shall be conducted in accordance with the
provisions of article 4 of title 24, C.R.S. Decisions by the transportation commission or by
an administrative law judge shall be considered final agency action.
(d) Reconstruction or relocation of a driveway shall be administered in the same
manner as the revocation of a license under the "State Administrative Procedure Act".
(7) The boards of county commissioners may, by resolution, and other local authorities
may, in the manner prescribed in article 16 of tide 31, C.R.S., adopt by reference the state
highway access code, in whole or in part, or may adopt separate provisions, for application
to local roads and streets that are not a part of the state highway system.
(7.5) The issuing authority shall grant a variance from the state highway access code if
such variance would not be inconsistent with paragraph (a) of subsection (1) of this section
and if such variance is reasonably necessary for the convenience, safety, and welfare of the
43-2-148 Transportation Title 43 - page 108
public. If failure to grant a variance would deny reasonable access to the general street
system, such denial may be subject to the provisions of section 43-1-208 and section 15 of
article II of the state constitution.
(8) As used in this section, unless the context otherwise requires:
(a) "Access control plan" means a roadway design plan which designates preferred
access locations and their designs for the purpose of bringing those portions of roadway
included in the access control plan into conformance with their functional classification to
the extent feasible.
(b) "Appropriate local authority" means the board of county commissioners if the
driveway is to be located in the unincorporated area of a county and the governing body of
the municipality if the driveway is to be located within an incorporated municipality.
(c) "Functional classification" means a classification system that defines a public
roadway according to its purposes in the local or statewide highway plans. The commission
shall determine the functional classification of all state highways. The functional classifi-
cation of county roads and city streets shall be determined by the appropriate local authority.
(d) "General street system" means the interconnecting network of city streets, county
roads, and state highways in an area.
(e) "Issuing authority" means the entity which issues access permits and includes the
board of county commissioners, the governing body of a municipality, and the department
of transportation.
(f) "Local road" means a county road, as provided in sections 43-2-108 and 43-2-109,
and "local street" means a municipal street, as provided in sections 43-2-123 and 43-2-124.
Source: L. 79: Entire section added, p. 1600, § 1, effective June 21. L. 81: (l)(b),
(5)(a), and (6)(b) to (6)(d) amended, p. 2020, § 1, effective April 14. L. 84: (6)(b) and
(6)(c) amended and (7.5) added, p. 1110, § 1, effective July 1. L. 87: (6)(c) amended, p.
976, § 101, effective March 13. L. 91: (l)(a), (5)(a), (5)(c), (6)(a) to (6)(c), and (8)(e)
amended, p. 1108, § 153, effective July 1. L. 94: (l)(a) amended, p. 2571, § 99, effective
January 1, 1995. L. 95: (6)(c) amended, p. 668, § 110, effective July 1. L. 2006: (2) and
(3) repealed, p. 150, § 38, effective August 7.
Cross references: For the state highway access code, see 2 CCR 601-1; for the "State Adminis-
trative Procedure Act", see article 4 of title 24.
43-2-148. Metropolitan transportation development commission, (Repealed)
Source: L. 89, 1st Ex. Sess.: Entire section added, p. 69, § 1, effective July 11. L. 97:
Entire section repealed, p. 195, § 1, effective April 1.
43-2-149. Roadside memorials authorized - specifications - permit (1) As used in
this section, unless the context otherwise requires:
(a) "County memorial" means a plaque, monument, or similar object placed in a
particular location on a county road to commemorate one or more people who died on that
county road.
(b) "Department" means the department of transportation.
(c) "Erect" means to construct or allow to be constructed.
(d) "Highway" means any road in the state highway system, as defined in section
43-2-101 (1).
(e) "Maintain" means to preserve, keep in repair, or replace a roadside memorial.
(f) "State memorial" means a sign on a highway to commemorate one or more people
who died on that highway.
(2) (a) (I) The department shall erect and maintain a state memorial requested in
accordance with this subsection (2). The department shall be exclusively responsible for the
type, location, and design of the state memorial.
Title 43 - page 109 State, County, and Municipal Highways 43-2-149
(II) An application for a state memorial shall be made on a form provided by the
department, shall be signed by the applicant or the applicant's duly authorized officer or
agent, and shall include:
(A) The name and address of the applicant;
(B) The name of the individual memorialized and the highway where such individual
lost his or her life; and
(C) A fee to be determined by the department; except that such fee shall not exceed the
direct and indirect expenses associated with erecting and maintaining such state memorial.
The department shall transmit the fee to the state treasurer for deposit in the state highway
fund, created in section 43-1-219.
(b) A state memorial shall be located within the highway easement as far from the
roadway as is practicable or reasonably necessary to preserve public safety and facilitate
highway maintenance, given the proposed location. A state memorial shall contain the name
of the person memorialized and shall be erected and maintained for at least two years.
(c) Notwithstanding any provision of this section to the contrary, if any provision of this
section conflicts with federal law, the department shall not erect or maintain state memorials
pursuant to this section.
(3) (a) (I) A person may erect and maintain a county memorial if the proposed county
memorial conforms with the requirements of this subsection (3) and, where required by the
county, the applicable board of county commissioners, or the board's designee, has issued
a permit to erect the county memorial on a county road in a primary or secondary system,
as described in section 43-2-108. An applicant for a permit to erect a county memorial on
a county road shall be exclusively responsible for the type, location, and design of the
county memorial, subject to the requirements of this section.
(II) An application for a permit shall be made on a form provided by the county, shall
be signed by the applicant or the applicant's duly authorized officer or agent, and shall
include:
(A) The type, proposed location, and dimensions of the proposed county memorial and
other information required by the form;
(B) The name and address of the applicant;
(C) The name of the individual memorialized and the highway where such individual
lost his or her life;
(D) An agreement by the applicant to erect and maintain the county memorial in a safe,
sound, and good condition; and
(E) A uniform fee not to exceed the county's direct and indirect expenses associated
with issuing and administering the permit. The county shall transmit the fee to the county
treasurer, who shall credit it to the applicable county highway or transportation fund.
(b) County memorials shall not exceed three feet in height above the ground, two feet
in width, and six inches in thickness. County memorials shall be constructed of a durable
material and shall not contain any moving or electronic parts. County memorials shall be
located within the highway easement as far from the roadway as is practicable or reasonably
necessary to preserve public safety and facilitate highway maintenance, given the proposed
location. County memorials may contain the name of the person memorialized, the dates of
such person's birth and death, and other relevant information.
(4) (a) The department shall deny an application for a state memorial if the proposed
location of the memorial would result in a potential safety hazard or maintenance imped-
iment. The department may suggest that the applicant consider an alternative design or
placement and may remove any memorial on a highway that does not comply with the
provisions of subsection (2) of this section. The department may deny or revoke a permit
for false or misleading information given in the application for a state memorial pursuant
to subsection (2) of this section.
(b) A board of county commissioners, or the board's designee, shall deny an application
if the proposed type or location of the county memorial would result in a potential safety
hazard or maintenance impediment. The board of county commissioners, or the board's
designee, may suggest that the applicant consider an alternative design or placement and
may remove any county memorial that does not comply with subsection (3) of this section,
including through the applicant's failure to substantially perform any erection or mainte-
43-2-150 Transportation Title 43 - page 110
nance agreement specified in the permit. The board of county commissioners, or the board' s
designee, may deny or revoke a permit for false or misleading information given in the
application or for the erection or maintenance of a county memorial in violation of this
section.
(c) Nothing in this section shall be construed to require a county to establish a
permitting process pursuant to this section, but no county may prohibit or deny requests for
placement of roadside memorials on county roads in the absence of a permitting process
that complies with this section.
Source: L. 2004: Entire section added, p. 774, § 1, effective May 20.
43-2-150. Roadside chain service - rules. The department may contract with one or
more entities to provide roadside assistance, selling or applying chains or other equipment
to commercial vehicles, necessary to enable compliance with section 42-4-106, C.R.S. The
department may authorize, by rule or contract, the entity to receive a reasonable fee for
services provided.
Source: L. 2007: Entire section added, p. 1334, § 5, effective August 3.
PART 2
COUNTY AND OTHER PUBLIC HIGHWAYS
43-2-201. Public highways. (1) The following are declared to be public highways:
(a) All roads over private lands dedicated to the public use by deed to that effect, filed
with the county clerk and recorder of the county in which such roads are situate, when such
dedication has been accepted by the board of county commissioners. A certificate of the
county clerk and recorder with whom such deed is filed, showing the date of the dedication
and the lands so dedicated, shall be filed with the county assessor of the county in which
such roads are situate.
(b) All roads over private or other lands dedicated to public uses by due process of law
and not heretofore vacated by an order of the board of county commissioners duly entered
of record in the proceedings of said board;
(c) All roads over private lands that have been used adversely without interruption or
objection on the part of the owners of such lands for twenty consecutive years;
(d) All toll roads or portions thereof which may be purchased by the board of county
commissioners of any county from the incorporators or charter holders thereof and thrown
open to the public;
(e) All roads over the public domain, whether agricultural or mineral.
Source: L. 1883: p. 251, § 1. G.S. § 2953. L. 1891: p. 302, § 1. L. 1893: p. 435, § 1.
R.S. 08: § 5787. L. 21: p. 380, § 1. C.L. § 1243. CSA: C. 143, § 1. CRS 53: § 120-
1-1. C.R.S. 1963: § 120-1-1.
Cross references: For toll roads, see part 3 of article 3 of this title.
ANNOTATION
I. General Consideration. in Colorado", see 29 Dicta 313 (1952). For
n. Dedication to Public Use. article, "One Year Review of Property", see 40
III. Adverse Possession. Den. L. Ctr. J. 181 (1963).
IV. Public Domain. "Highways" and "roads" may include foot
paths, depending on context in which terms
I GENERAL CONSIDERATION. appear. In applying the statute, the characteris-
tics, conditions, and locations of the paths may
Law reviews. For article, "Eminent Domain be considered and, in doing so, the court held an
Title 43 -page 111
State, County, and Municipal Highways
43-2-201
eighteen-inch path in a populated, residential,
urban area not to be a "road". Simon v. Pettit,
687 P.2d 1299 (Colo. 1984).
County commissioners have the sole right
to authorize and control the use of a highway,
including the borrow pit, whether the user be an
abutting owner or otherwise. Lewis v. Lorenz,
144 Colo. 23, 354 P.2d 1008 (1960).
It is duty of county commissioners to es-
tablish and maintain roads. It devolves upon
boards of county commissioners, and power to
that end is granted by statute, to establish, main-
tain, and keep public roads open for travel.
Leach v. Manhart, 96 Colo. 397, 43 P.2d 959
(1935).
A private parry may bring a claim to de-
clare the existence of a public road. Therefore,
the county is not required to be joined. Staley v.
U.S., 168 F. Supp. 2d 1209 (D. Colo. 2001).
County commissioners may intervene in
injunction suit by landowner where character
of road is in issue. In an action by a landowner
to enjoin the use of a road across his property, a
board of county commissioners — claiming the
road to be a public highway — has a right to
intervene to the end mat the character of the
road may be determined, and the dismissal of
such a petition in intervention is error. Leach v.
Manhart, 96 Colo. 397, 43 P.2d 959 (1935).
The declaration of a public road does not
result in the acquisition of a property interest
by any particular party but rather only makes
available to the public a route through private
land. Dept of Natural Res. v. Cyphers, 74 P.3d
447 (Colo. App. 2003).
Vacation or alteration. The trial court having
correctly held that a road as established and
maintained is a public highway, neither the
county commissioners nor the courts can require
it to be vacated or altered except in the manner
provided by law. Vade v. Sickler, 118 Colo. 236,
195 P.2d 390 (1948).
Applied in Williams v. Town of Estes Park,
43 Colo. App. 265, 608 P.2d 810 (1979).
II. DEDICATION TO PUBLIC USE.
Mere use without intent to dedicate is in-
sufficient Mere proof of the use of land of this
character, for a long period of time, by individu-
als, or even by the public generally, for the
purpose of travel, without objection from the
owner and without evidence from which an
intent to dedicate might be inferred, is not suf-
ficient to give a route so taken the character of a
public highway. Starr v. People, 17 Colo. 458,
30 P. 64 (1892); Friel v. People, 4 Colo. App.
259, 35 P. 676 (1894); Iieber v. People, 33 Colo.
493, 81 P. 270 (1905); People ex rel. Mayer v.
San Luis Valley Land & Cattle Co., 90 Colo. 23,
5 P.2d 873 (1931).
There must be acceptance of dedication.
For the establishment of a public way by dedi-
cation, acceptance by the public is as essential as
appropriation by the owner of the fee. Burling-
ton & C. R. R. v. Schweikart, 10 Colo. 178, 14
P. 329 (1887).
Dedication may be implied. Where a road
runs through private lands, its dedication as a
public highway may be implied: When it is
satisfactorily proved that it was the owner's
intention to set apart the land occupied as a road
to the use of the public as a highway, and that
there has been an acceptance by the public of the
land for such use. The line of the road must be
certain and definite; a general privilege or li-
cense by the owner to cross his lands, without
reference to any special route, will not suffice;
user of the road by the public for a considerable
length of time without objection by the owner of
the land may increase the weight of the evi-
dence, if any there be, arising from acts or
declarations of the owner indicating his intent to
dedicate; but mere user, without such acts or
declarations, unless for a period of time corre-
sponding to the statutory limitation of real ac-
tions, cannot be held sufficient to vest the ease-
ment in the public, as by prescription. Starr v.
People, 17 Colo. 458, 30 P. 64 (1892).
m. ADVERSE POSSESSION.
This section is a codification of the com-
mon-law method by which the public can
obtain title by adverse use. Mahnke v.
Coughenour, 170 Colo. 61, 458 P.2d 747 (1969).
Application of statute does not constitute a
governmental taking for which compensation
is required. Bd. of County Comm'rs v.
FUckinger, 687 P.2d 975 (Colo. 1984).
Under this section all roads over private
lands used adversely without interruption for
20 consecutive years are declared to be public
highways. Town of Silver Plume v. Hudson,
151 Colo. 394, 380 P.2d 59 (1963).
Elements of adverse use of roads over pri-
vate land. The uses, necessary to give a road the
character of a public highway, under this sec-
tion, must have been adverse, that is, under a
claim of right; the line of road must have been
reasonably definite and certain; there must have
been an unqualified intention to set apart a line
for the road, and the use must have been more
than mere permissive use. Starr v. People, 17
Colo. 458, 30 P. 64 (1892); Lieber v. People, 33
Colo. 493, 81 P. 270 (1905); Olson v. People, 56
Colo. 199, 138 P. 21 (1913).
This section requires claimant to meet a
three-part test for the establishment of a pub-
lic road by prescription: (1) Members of the
public must have used the road under a claim of
right and in a manner adverse to the landowner's
property interest; (2) the public must have used
the road without interruption for the statutory
period of 20 years; and (3) the landowner must
have actual or implied knowledge of the pub-
43-2-201
Transportation
Title 43 -page 112
lie's use of the road and made no objection to
such use. Mclntyre v. Bd. of County Comm'rs,
86 P.3d 402 (Colo. 2004).
The legislative intent of this section is that
the establishment of a public road by pre-
scription is a narrow alternative to the other
available means a public entity has for estab-
lishing a road. These include: (1) Express or
implied dedication of the road to the public by
the property owner; (2) purchase of a right-of-
way by the public entity; or (3) condemnation
and payment of just compensation for the prop-
erty interest necessary for the road. The general
assembly has encouraged landowners to allow
public use of their land; in turn, it has guarded
against landowners losing their property rights
when allowing such use. Mclntyre v. Bd. of
County Comm'rs, 86 P.3d 402 (Colo. 2004).
To establish a public highway across pri-
vate property a party must show that (1) the
public used the road under claim of right and in
a manner adverse to the landowner's property
interests; (2) the public use was uninterrupted
for 20 years; and (3) the landowner had actual or
implied knowledge of the public's use and made
no objection to such use. Bd. of County
Comm'rs of Morgan County v. Kobobel, 74 P.3d
401 (Colo. App. 2002).
Party claiming public road by adverse use
under this section bears burden of proving by a
preponderance of the evidence that (1) the pub-
lic used the road under a claim of right; (2) the
public used the road in a manner adverse to the
landowner's property interest; (3) such use has
been without interruption for the statutory pe-
riod of 20 years; and (4) the landowner had
actual or implied knowledge of the use and
made no objection. Bockstiegel v. Bd. of County
Comm'rs, 97 P.3d 324 (Colo. App. 2004).
Land must be used by public with owner's
knowledge, adversely and continuously. A
highway may exist by prescription, but to estab-
lish such a highway the land in question must
have been used by the public with the actual or
implied knowledge of the landowner, adversely
under claim or color of right — not merely by
the owner's permission — and continuously and
uninterruptedly for the period required to bar an
action for the recovery of the possession of land
or otherwise prescribed by statute. People ex rel.
Mayer v. San Luis Valley Land & Cattle Co., 90
Colo. 23, 5 P.2d 873 (1931).
In order to establish a public highway by
means of adverse user, a road must have been
adversely used in an uninterrupted fashion by
the public under a claim of right for the appli-
cable period of limitations with the actual or
implied knowledge of the landowner across
whose property the roadway runs. Bd. of County
Comm'rs v. Ogburn, 38 Colo. App. 212, 554
P.2d 700 (1976); Bd. of County Comm'rs v.
Ritchey, 888 P.2d 298 (Colo. App. 1994).
The very essence of adverse possession is
that the possession must be hostile, not only
against the true owner, but against the world as
well. Town of Silver Plume v. Hudson, 151
Colo. 394, 380 P.2d 59 (1963).
Adverse claim must be hostile at its incep-
tion, because, if the original entry is not openly
hostile or adverse, it does not become so, and
the statute does not begin to run as against a
rightful owner until the adverse claimant dis-
avows a holding by permission. Town of Silver
Plume v. Hudson, 151 Colo. 394, 380 P.2d 59
(1963).
Use of a right-of-way which begins as per-
missive will continue as such only until the
user gives the landowner notice or explicit
disclaimer that the user is claiming an exclu-
sive legal right and is possessing in an adverse
or hostile manner. Resolutions adopted by the
board of county commissioners provided ade-
quate notice of adverse possession. Bd. of
County Comm'rs v. W.H.I., Inc., 992 F.2d 1061
(10th Cir. 1993).
To obtain a common law prescriptive ease-
ment over a parcel of property, it is unneces-
sary to establish exclusive possession of that
property. Alexander v. McClellan, 56 P.3d 102
(Colo. App. 2002).
User must be confined to a definite and
specific line. The public cannot acquire a pre-
scriptive right to pass over a tract of land gen-
erally; in order to create a highway by prescrip-
tion, the user must be confined to a definite and
specific line or way. This is especially true
where the locus in quo consists of wild or un-
enclosed lands. However, it is not indispensable
that there shall be no deviation from a direct line
of travel or that all vehicles that traverse the
road shall follow exactly the same route or
traverse the road in exactly the same rut. Slight
variations in the line of travel are not fatal; it is
sufficient that the travel has been confined to
substantially the same line. Starr v. People, 17
Colo. 458, 30 P. 64 (1892); Lieber v. People, 33
Colo. 493, 81 P. 270 (1905); Sprague v. Stead,
56 Colo. 538, 139 P. 544 (1914); Shivery v. Bd.
of County Comm'rs, 159 Colo. 353, 411 P.2d
782 (1966).
Passageways by prescription, whether public
or private, are confined to the extent of actual
adverse usage. Bd. of County Comm'rs v.
Ogburn, 38 Colo. App. 212, 554 P.2d 700
(1976).
Owner must intend to set apart land for
public use. Among criteria to establish a public
highway by prescription are acts by the owner
which evidence an intent to set apart the land for
public use as a road, or such conduct on his part
as would estop him from denying such inten-
tion. Boulder Medical Arts, Inc. v. Waldron, 31
Colo. App. 215, 500 P.2d 170 (1972).
Where landowners' predecessors in inter-
est acquiesced in placement of fenceline set
Title 43 - page 113 State, County, and Municipal Highways
43-2-201
back from property line, strip of land between
fence and property line became a public high-
way pursuant to subsection (l)(c) as a result of
its adverse use by the public for over 20 unin-
terrupted years. Bd. of County Comm'rs v.
Ritchey, 888 P.2d 298 (Colo. App. 1994).
"Permissive use" requires more than fail-
ure to interrupt or object Failure to interrupt
or object to public use of an alleyway for over
20 years cannot, without more, be equated to
permissive use, since statute requires that the
use be both adverse and without objection.
Boulder Medical Arts, Inc. v. Waldron, 31 Colo.
App. 215, 500 P.2d 170 (1972).
Evidence sufficient to support trial court's
finding that use of road by public was per-
missive rather than adverse. Enerwest, Inc. v.
Dyco Petroleum Corp., 716 P.2d 1130 (Colo.
1986).
Presumption of adverse use after pre-
scribed period of time. When testing the suffi-
ciency of the evidence to support a finding of
tide by prescription the party asserting the same
is aided by a presumption that the character of
the use is adverse where such use is shown to
have been made for a prescribed period of time.
The rule is no different with respect to presump-
tive rights gained by the public under this sec-
tion. Shivery v. Bd. of County Comm'rs, 159
Colo. 353, 411 P.2d 782 (1966); Boulder Med-
ical Arts, Inc. v. Waldron, 31 Colo. App. 215,
500 P.2d 170 (1972).
On the claim of right issue, the claimant
must provide evidence that a reasonably dil-
igent landowner would have had notice of the
public's claim of right to the road. The evi-
dence must include some overt act on the part of
the public entity responsible for roads in the
jurisdiction that it considers the road a public
road. This notification commences the prescrip-
tive period; without it, the prescriptive period
never begins. Here, the uncontested facts of
record on summary judgment failed to demon-
strate county's claim of right for a public road
on the subject property mat commenced the
running of the 20-year prescriptive period; thus,
the trial court erred in ruling that the prescriptive
period had run against these property owners.
Mclntyre v. Bd. of County Comm'rs, 86 P.3d
402 (Colo. 2004).
An overt act sufficient to provide notice of the
public claim of right could include any number
of actions. Plowing the road for snow, including
a road on a public road system map, using the
road for mail delivery or school buses, expend-
ing public funds for the maintenance or im-
provement of the road, posting signage indicat-
ing a public road, or installing drainage systems
for the road could each be an act putting the
landowner on notice of the public's claim of
right to the road. As with other requirements for
establishing a public road by prescription, the
public entity has the burden of proof by a pre-
ponderance of the evidence to demonstrate that
it considered the way across the private property
a public road. Mclntyre v. Bd. of County
Comm'rs, 86 P.3d 402 (Colo. 2004).
Presumption of adverse use inapplicable
where land vacant, unenclosed, and unoccu-
pied. Where the land involved is vacant, unen-
closed, and unoccupied, the presumption that
the use is adverse where the use is shown to
have been made for a prescribed period of time
is not applicable, Simon v. Pettit, 651 P.2d 418
(Colo. App. 1982), affd on other grounds, 687
P.2d 1299 (Colo. 1984).
To be adverse, the use should be part of a
pattern of general public use and not spo-
radic in nature; however, in prescriptive ease-
ment cases, intermittent use on a long-term basis
has satisfied requirement of adverse use. Here,
there is evidence to support trial court's conclu-
sion that relevant land was not vacant, unen-
closed, and unoccupied, and so the trial court
properly applied the presumption of adverse
use. There was also evidence in the record sup-
porting trial court's conclusion that the public
used the subject road during the prescriptive
period from the 1870s through the 1920s as part
of a pattern of general public use and not merely
sporadic or intermittent use. Accordingly, evi-
dence supported trial court's findings and con-
clusions that public's use of subject road was
adverse. Bockstiegel v. Bd. of County Comm'rs,
97 P.3d 324 (Colo. App. 2004).
The trial court must set forth in its decree
a definite and certain description of the pre-
scriptive way so that there can be no possible
doubt as to its location and width. Bd. of County
Comm'rs v. Ogburn, 38 Colo. App. 212, 554
P.2d 700 (1976).
Once a road has been declared to be "pub-
lic", all uses that are permissible to the public
under the laws of this state are permissible uses.
Lovvorn v. Salisbury, 701 P.2d 142 (Colo. App.
1985).
Width of a highway acquired by adverse
use is not limited to the actual beaten path but
extends to the width reasonably necessary for
the established public use. Goluba v. Griffith,
830 P.2d 1090 (Colo. App. 1991).
The width of a highway acquired by ad-
verse use is a question of fact for the jury
based on the character and extent of the use.
Depending on the evidence, the width could be
greater or less than the statutory width of a
public highway. Goluba v. Griffith, 830 P.2d
1090 (Colo. App. 1991).
The width of a public highway acquired by
prescription must be limited in the decree to
that established by public use. Goluba v.
Griffith, 830 P.2d 1090 (Colo. App. 1991).
Obstruction as prevention of acquisition of
public highway by prescription. Where sec-
tion line road between plaintiff's land and high-
way was obstructed by wire gates, obliging per-
43-2-201.1
Transportation
Title 43 -page 114
sons using the roadway to open and close them,
such gates prevented the acquiring or establish-
ing of a public highway by prescription. Martino
v. Fleenor, 148 Colo. 136, 365 P.2d 247 (1961).
Where a gate which blocked a road, which
was sought to be declared a public road by
adverse use, was close to defendants' property
and there are no intervening properties between
it and plaintiffs' land asserting the prescriptive
right, the existence of the gate was properly
considered as evidence that the road was
blocked and that the prescriptive time was in-
terrupted. Lang v. Jones, 36 Colo. App. 29, 535
P.2d 242 (1975), afFd, 191 Colo. 313, 552 P.2d
497 (1976).
The use of a road is not adverse where free
travel along the road is obstructed by gates
across the road, even though they are not locked.
The use of a road under such conditions is
permissive. Lang v. Jones, 191 Colo. 313, 552
P.2d 497 (1976).
The mere existence of gates across road-
ways during the prescriptive period was not
conclusive mat the public's use was of a per-
missive nature or that it lacked the necessary
continuity. Bd. of County Comm'rs v. Ogburn,
38 Colo. App. 212, 554 P.2d 700 (1976); Bd. of
County Comm'rs v. Flickinger, 687 P.2d 975
(Colo. 1984).
The board of county commissioners in re-
lying upon adverse use of private lands for
road purposes has the burden of proving such
usage by clear and convincing testimony. Bd. of
County Comm'rs v. Masden, 153 Colo. 247, 385
P.2d 601 (1963).
Where evidence discloses that a roadway
across lands has been used by a plaintiff as a
public roadway for more than 40 years, a
finding and judgment under this section that a
public road has been established is not errone-
ous. Brown v. Jolley, 153 Colo. 530, 387 P.2d
278 (1963).
Issuance of tax deeds does not negate ad-
verse use prior to issuance. Where the adverse
use of a public highway by a town continued
uninterrupted for more than the required period
of time to establish a prescriptive right therein,
the issuance of tax deeds based upon tax sales
prior to beginning of the public use does not
wipe out prescriptive right of public based upon
adverse use of land prior to issuance of tax
deeds. Town of Silver Plume v. Hudson, 151
Colo. 394, 380 P.2d 59 (1963).
Consent to adverse use by nonowner does
not negate such use. Where real property is
sold for taxes and a certificate is issued to a
county and thereafter a town establishes and
maintains a public highway over part thereof
and the county consents to such use, such con-
sent does not negate adverse use since the holder
of the tax certificate is not the "owner" of the
property. Town of Silver Plume v. Hudson, 151
Colo. 394, 380 P.2d 59 (1963).
This section does not require that a land-
owner have actual or constructive notice in
order for a public road through adverse use
to be effective against a future owner of the
underlying land. Because subject road became
a public road by adverse use and not by pur-
chase, dedication, grant, or reservation, it is
axiomatic that there would be no record notice
and none is required. Trial court properly con-
cluded no public notice was required either for
the establishment of the road or to provide no-
tice to subsequent purchasers. Bocksriegel v. Bd.
of County Comm'rs, 97 P.3d 324 (Colo. App.
2004).
Trial court properly concluded that subject
road had not been abandoned. Even after the
construction of the railroad and highway, the
public continued to use the subject road.
Bockstiegel v. Bd. of County Comm'rs, 97 P.3d
324 (Colo. App. 2004).
"Public alleyway". Where owner's intention
was to set a 10-foot strip of land aside as a
public alleyway, and the city, in recognition
thereof, made an alley cut in the curbing and
also helped to keep it clean, and the public used
the alleyway for 20 years, it became a "public
alleyway", and an injunction was properly
granted against blocking thereof. Christianson v.
Cecil, 109 Colo. 510, 127 P.2d 325 (1942).
Applied in Baca County Comm'rs v. White &
Welch Co., 754 P.2d 770 (Colo. App. 1988).
IV. PUBLIC DOMAIN.
The term "public domain" includes school
land. Martino v. Bd. of County Comm'is, 146
Colo. 143, 360 P.2d 804 (1961).
43-2-201.1. Closure of public highways extending to public lands - penalty.
(1) Any person, other than a governing body of a municipality or county acting pursuant
to part 3 of this article, who intentionally blocks, obstructs, or closes any public highway,
as described in section 43-2-201, that extends to any public land, including public land
belonging to the federal government, thereby closing public access to public lands, without
good cause therefor, commits a class 1 misdemeanor and shall be punished as provided in
section 18-1.3-501, C.R.S.
(2) The provisions of this section shall not apply to temporary and reasonable obstruc-
tion of the public highways described in subsection (1) of this section by a railroad train at
a railroad crossing.
Title 43 - page 115 State, County, and Municipal Highways 43-2-202
(3) Any peace officer of this state, as described in section 16-2.5-101, C.R.S., has the
authority to enforce the provisions of this section.
(4) (a) Notwithstanding the provisions of subsection (1) of this section, any owner of
private land who complies with the provisions of this subsection (4) may post notice of
intent to close a road crossing such land if such road has been abandoned. Said owner shall
promptly notify the board of county commissioners of the county in which such road is
located of such proposed closure. The board of county commissioners so notified shall
publish notice of such proposed closure in a newspaper of general circulation in such county
within sixty days after receipt of notice from said owner and shall post notice of such
proposed closure at each end of the road described in the notice. If the board of county
commissioners receives no objection to such proposed closure within eighteen months after
such publication, the road described in such notice shall be closed to public access.
(b) If the board of county commissioners receives objection to such proposed closure,
it shall schedule a public hearing concerning the proposed closure and shall publish notice
of said hearing in a newspaper of general circulation in such county at least ten days prior
to said hearing. At said hearing, the board shall hear objections to the proposed closure and
shall decide, within thirty days of the hearing, whether the road described in the notice shall
be closed to public access.
Source: L. 76: Entire section added, p. 821, § 1, effective July 1. L. 98: (1) amended,
p. 1444, § 35, effective July 1. L. 2002: (1) amended, p. 1565, § 386, effective October
1. L. 2003: (3) amended, p. 1617, § 22, effective August 6.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(1), see section 1 of chapter 318, Session Laws of Colorado 2002.
43-2-202. County road and bridge fund - apportionment to municipalities. (1) A
fund to be known as the county road and bridge fund is created and established in each
county of this state. Such fund shall consist of the revenue derived from the tax authorized
to be levied under section 43-2-203 for road and bridge construction, maintenance, and
administration, all moneys received by the county from the state or federal governments for
expenditure on roads and bridges, and any other moneys which may become available to the
county for such purpose. Any moneys which have become available to the county for
expenditure on roads and bridges by virtue of a condition placed on any type of land use
approval shall be accounted for separately and said expenditures shall be limited to roads
and bridges in connection with such land use project.
(2) Each municipality located in any county of this state is entitled to receive from the
county road and bridge fund of the county wherein it is located an amount equal to fifty
percent of the revenue accruing to said fund from extension only of the levy authorized to
be made under section 43-2-203 against the valuation for assessment of all taxable property
located within its corporate boundaries; except that, by mutual agreement between such
municipality and the board of county commissioners, such municipality may elect to
receive, in part or in full, the equivalent of such amount in the value of materials furnished
or work performed on roads and streets located within its corporate boundaries by the
county either during the calendar year in which such revenue is actually collected or by
mutual agreement during any succeeding calendar year. A board of county commissioners
may, at its option, provide additional money, furnish additional materials, or perform
additional work for a municipality located in the county in excess of the money or
equivalent materials or work entitled to be received by such municipality under this section.
If so determined by the division of local government as provided in section 29-1-301 (1.2)
(b), C.R.S., this subsection (2) shall not apply to any one-time, nonrecurring expenditure as
a result of an increased levy under section 29-1-301 (1.2), C.R.S., if the expenditure is for
a county road or bridge capital project or county road or bridge capital asset
(3) In all cases where a municipality has not elected to receive its share of the county
road and bridge fund in equivalent value of materials furnished or work performed by the
county, under mutual agreement, it is the duty of the county treasurer, on the fifteenth day
of each July, October, January, and April, to pay over to the treasurer of such municipality,
43-2-203
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Title 43 -page 116
out of the county road and bridge fund, the amount to which such municipality has become
entitled during the preceding three calendar months.
(4) All moneys received by a municipality from the county road and bridge fund shall
be credited to an appropriate fund and shall be used by such municipality only for
construction and maintenance of roads and streets located within its corporate boundaries.
Source: L. 51: p. 752, § 1. CSA: C. 143, § 9(1). CRS 53: § 120-1-2. C.R.S. 1963:
§ 120-1-2. L. 70: p. 320, § 1. L. 73: p. 1230, § 1. L. 75: (2) amended, p. 1573, § 1,
effective June 20. L. 83: (2) amended, p. 1204, § 2, effective April 29; (2) amended, p.
1201, § 2, effective May 23. L. 89: (1) amended, p. 1262, § 3, effective July 1.
ANNOTATION
Funding not permitted from general fund.
Funding shall be from a special levy for roads
and bridges, together with moneys from state or
federal governments for expenditures on roads
and bridges, and other moneys which may be-
come available for roads and bridges, except
money from the general fund. City of Greeley v.
Bd. of County Comm'rs, 644 P.2d 76 (Colo.
App. 1981).
Section 30-25-106 (1) specifically prohibits
the transfer of county general fund money for
expenditures for roads and bridges. City of
Colo. Springs v. Bd. of County Comm'rs, 648
P.2d 671 (Colo. App. 1982).
County may allocate to the road and
bridge fund any funds which are not restricted
for some other purpose by constitutional provi-
sion or statute. City of Aurora v. Bd. of County
Comm'rs, 919 P.2d 198 (Colo. 1996).
County may allocate revenue from the spe-
cific ownership tax imposed on motor ve-
hicles to the county road and bridge fund. City
of Aurora v. Bd. of County Comm'rs, 919 P.2d
198 (Colo. 1996).
43-2-203. County road and bridge budget - tax levy. (1) As a part of the total
county budget and in conformity with the "Local Government Budget Law of Colorado",
each county shall annually adopt a county road and bridge budget for the ensuing fiscal
year, which budget shall show: The aggregate amount estimated to be expended for county
road and bridge construction, maintenance, and administration and the aggregate amount
estimated to be paid from the county road and bridge fund to municipalities located within
the county, either in cash or in equivalent value of materials to be furnished or work to be
performed under mutual agreements with such municipalities, during said fiscal year; the
amount being carried over for equivalent materials to be furnished or work to be performed
from any prior fiscal year for any municipality within the county pursuant to section
43-2-202 (2); the estimated balance in said fund at the beginning of said fiscal year; the
aggregate amount estimated to be received from state, federal, or other sources during said
fiscal year; and the amount necessary to be raised during said fiscal year from the levy
authorized in subsection (2) of this section.
(2) The board of county commissioners in each county is authorized to levy such rate
of tax on all taxable property located within the county as required, when added to the
estimated balance on hand at the beginning of said ensuing fiscal year and the amount of
all revenues, other than property tax revenue, estimated to be received during said fiscal
year, to defray all expenditures and payments estimated to be made from the county road
and bridge fund during said fiscal year.
Source: L. 51: p. 732, § 2. CSA: C. 143, § 9(2). CRS 53: § 120-1-3. C.R.S. 1963:
§ 120-1-3. L. 70: p. 321, § 2. L. 75: (1) amended, p. 1574, § 2, effective June 20.
Cross references: For the "Local Government Budget Law of Colorado", see part 1 of article 1
of title 29.
ANNOTATION
Funding not permitted from general fund.
Funding shall be from a special levy for roads
and bridges, together with moneys from state or
federal governments for expenditures on roads
Title 43 - page 117 State, County, and Municipal Highways 43-2-207
and bridges, and other moneys which may be- Bd. of County Comm'rs, 644 P.2d 76 (Colo,
come available for roads and bridges, except App. 1981).
money from the general fund. City of Greeley v.
43-2-204. Commissioners authorized to acquire property for highways. Boards of
county commissioners, acting for their respective counties, are authorized to acquire by
donation, by purchase, or by eminent domain proceedings in the name of such boards any
private or public property necessary for the improvement or construction of state highways.
Said boards have authority to contract with the department of transportation to pay for all
or any part of such property so acquired.
Source: L. 43: p. 524, § 1. CSA: C. 143, § 63(1). CRS 53: § 120-1-4. CJLS. 1963:
§ 120-1-4. L. 91: Entire section amended, p. 1110, § 154, effective July 1.
Cross references: For eminent domain proceedings, see articles 1 to 7 of tide 38.
ANNOTATION
This section does not set forth the only tion of the public authorities. Martino v. Bd. of
method by which roadways can become pub- County Comm'rs, 146 Colo. 143, 360 P.2d 804
Ik highways. Highways may be established by (1961).
dedication, by prescription, or by the direct ac-
43-2-205. Rights-of-way - public land. The board of county commissioners of each
county in the state of Colorado is authorized to lease a right-of-way over any lands in the
state of Colorado held for public purposes which are not in actual use for the purpose to
which they are dedicated, for such period of time and under such terms and conditions as
it deems advisable, and to construct and maintain public roads and highways thereon.
Source: L. 21: p. 382, § 1. CX. § 1311. CSA: C. 143, § 64. CRS 53: § 120-1-5.
CJtS. 1963: § 120-1-5.
43-2-206. Acquisition of rights of prior lessee. If the board of county commissioners
of any county, after entering into contract of lease of lands for highway purposes under the
provisions of section 43-2-205, is unable to agree with the person holding possession under
a prior lease, or otherwise, of any portion of the land so leased by the board of county
commissioners for highway purposes for the purchase of the interest, title, or right to
possession of any portion of the land necessary or required for the construction of the
proposed highway on or over the strip of land so leased, such board may acquire the right
to possession thereof in the manner provided by law for the condemnation of real estate.
Source: L. 21: p. 382, § 2. CX. § 1312. CSA: C. 143, § 65. CRS 53: § 120-1-6.
C.R.S. 1963: § 120-1-6.
Cross references: For condemnation proceedings, see articles 1 to 7 of title 38.
43-2-207. Expense of construction and maintenance. (1) The board of county
commissioners of any county in the state of Colorado and the transportation commission of
the state of Colorado are authorized to make such expenditures of moneys of the county and
the state of Colorado appropriated to the construction and maintenance of highways upon
lands leased or condemned for highway purposes under the provisions of section 43-2-205
as are necessary for the construction and the maintenance of public highways thereon.
(2) (a) Expenditures authorized under this tide for the construction and maintenance of
highways on land which has been purchased, condemned, leased, or otherwise acquired by
the department of transportation or the board of county commissioners of any county of the
state may include the spraying of such lands bordering highways which are infested with
43-2-208
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Title 43 -page 118
grasshoppers or other insects, as the latter are defined in paragraph (c) of this subsection (2),
and may also include the destruction and eradication of noxious, injurious, and poisonous
weeds growing along said highways.
(b) Expenditures made by the transportation commission pursuant to this subsection (2)
shall be paid from the state highway fund.
(c) As used in this subsection (2), "insects" means any of the small invertebrate
animals in the phylum arthropoda comprising the class insecta, arachnida, and chilopoda,
that is six-legged winged and unwinged forms, eight-legged segmented forms and those
with two or more pairs of legs per body segment.
Source: L. 21: p. 383, § 3. C.L. § 1313. CSA: C. 143, § 66. CRS 53: § 120-1-7.
L. 58, 1st Ex. Sess.: p. 30, §§ 1, 2. C.R.S. 1963: § 120-1-7. L. 91: Entire section
amended, p. 1110, § 155, effective July 1. L. 94: (2) amended, p. 1648, § 87, effective
May 31.
Cross references: For creation of state highway fund, see § 43-1-219; for provisions for reim-
bursement to state or county for spraying lands, see § 35-4-107.
43-2-208. County commissioners authorized to construct highways and let con-
tracts. (1) Whenever any county highway or bridge is to be constructed or any grading
or repairing is to be done upon any county highway, the board of county commissioners is
authorized to undertake such construction, grading, or repairing in its own behalf or to let
contracts for the same. Boards of county commissioners are also authorized to make bids
and to enter into contracts, where the contract price involved does not exceed one hundred
thousand dollars, with the department of transportation or any agency of the federal or state
government for the construction, maintenance, and repair of state or federal highways or
bridges within their respective counties and to undertake and perform whatever work is
necessary in connection therewith. All labor employed in such contracts shall be bona fide
residents of the state of Colorado, and in all cases preference shall be granted to residents
of the county wherein the contract is being performed.
(2) Repealed.
Source: L. 33, Ex. Sess.: p. 68, § 1. CSA: C. 143, § 67. CRS 53: § 120-1-8.
C.R.S. 1963: § 120-1-8. L. 86: (2) repealed, p. 502, § 125, effective July 1. L. 91: (1)
amended, p. 1110, § 156, effective July 1.
ANNOTATION
This section directly authorizes boards of
county commissioners to make bids and enter
into certain contracts with the state highway
department or any agency of the federal or state
government "for the construction, maintenance,
and repair of state or federal highways or
bridges within their respective counties and to
undertake and perform whatever work is neces-
sary in connection therewith". This manifestly
makes the board of county commissioners a
state agency in disbursing the "county emer-
gency relief fund". The general assembly has
imposed new duties — other than for county
purposes proper — upon certain county officers.
This is corroborated by the provision that "all
labor employed in such contracts shall be bona
fide residents of the state of Colorado". Walker
v. Bedford, 93 Colo. 400, 26 P.2d 1051 (1933).
43-2-209. Contract for work on highways - advertise for bids. In the event any board
of county commissioners desires to let out any work on the county highways by contract,
it may advertise in a legal newspaper in the county or post a notice in the county courthouse,
for a period of not less than ten days before the contract is let, for sealed proposals for
performing the work. When a contract for work on highways involves expenditure of five
thousand dollars or more, the board of county commissioners shall advertise in a newspaper
as provided in this section unless such advertisement, in the judgment of the board would
be detrimental to the immediate preservation of the public peace, health, and safety. Such
advertisement shall describe the work to be done and its location and shall refer all persons
Title 43 - page 119 State, County, and Municipal Highways 43-2-215
to the person holding the plans and specifications therefor, and such contract shall be
awarded to the lowest responsible bidder, the board reserving the right to reject any bids
proffered. The cost of any county highway work mentioned in sections 43-2-208 to
43-2-210 may be paid out of the county road and bridge fund or emergency road fund, as
the board may determine.
Source: L. 33, Ex. Sess.: p. 69, § 2. CSA: C. 143, § 68. CRS 53: § 120-1-9.
C.R.S. 1963: § 120-1-9. L. 73: p. 1232, § 1.
43-2-210. Only residents of county to be given employment Only those persons
who, at the time of employment, are residents of the county in which the project is being
carried on shall be given employment insofar as possible. The residence of a person is
considered to be that place in which his habitation is fixed and to which, whenever he is
absent, he has the intention of returning.
Source: L. 33, Ex. Sess.: p. 70, § 3. CSA: C. 143, § 69. CRS 53: § 120-1-10.
C.R.S. 1963: § 120-1-10. L. 77: Entire section amended, p. 446, § 2, effective May 26.
43-2-211. Cattle guards - specifications. The board of county commissioners of a
county has authority to establish cattle guards on highways at the expense of the county or
to permit the owners of land adjoining a county highway to establish cattle guards on
highways at the expense of the landowners. All such cattle guards shall be established
according to fixed specifications and design and under the supervision of the board of
county commissioners.
Source: L. 41: p. 652, § 1. CSA: C. 143, § 154. CRS 53: § 120-1-15. C.R.S. 1963:
§ 120-1-11.
43-2-212. Sections applicable only to county highways. The provisions of sections
43-2-211 to 43-2-213 shall apply to the establishment of cattle guards on highways
designated as county highways.
Source: L. 41: p. 652, § 2. CSA: C. 143, § 155. CRS 53: § 120-1-16. C.R.S. 1963:
§ 120-1-12.
43-2-213. Not deemed an obstruction. Cattle guards permitted and established under
the provisions of sections 43-2-211 and 43-2-212 shall not constitute an obstruction of the
highway under the provisions of section 43-5-301.
Source: L. 41: p. 652, § 3. CSA: C. 143, § 156. CRS 53: § 120-1-17. C.RJS. 1963:
§ 120-1-13.
43-2-214. County highway anticipation warrant retirement fund. Whenever the
board of county commissioners of any county within the territorial limits of which there is
or may be developed a producing oil or gas field deems it necessary to anticipate its road
revenues in whole or in part for the construction, making, or repairing of public roads,
bridges, or highway structures within the territorial limits of such county, it may by an order
entered of record establish a fund under the administration of the county treasurer to be
known as the county highway anticipation warrant retirement fund.
Source: L. 47: p. 749, § 2. CSA: C. 143, § 157. CRS 53: § 120-1-18. C.R.S. 1963:
§ 120-1-14.
43-2-215. Moneys allocated to fund. Upon creation and establishment of such fund
the board of county commissioners of such county shall thereupon allocate to said fund all
43-2-216 Transportation Title 43 - page 120
moneys which may become available to such county for highway purposes from federal
royalties, together with such additional revenues as the board of county commissioners may
determine to be necessary from the county road and bridge fund, not to exceed fifty percent
thereof. Moneys and revenues allocated to said fund shall be held in said fund inviolate for
the primary purpose of the retirement of all outstanding and unpaid county highway
anticipation warrants issued in accordance with the provisions of sections 43-2-214 to
43-2-218.
Source: L. 47: p. 750, § 3. CSA: C. 143, § 158. CRS 53: § 120-1-19. C.R.S. 1963:
§ 120-1-15.
43-2-216. Warrants - sale - duration - interest When the board of county commis-
sioners of such county has determined and approved, by resolution of the board, any
highway project for the construction, repair, or improvement of highways within its
territorial limits, either by the county itself or with the department of transportation of the
state of Colorado and with or without federal aid so as to determine the cost thereof or the
share of such cost to such county to be approved by such county, it may by resolution
authorize the issuance of anticipation warrants in such amount as may be necessary to raise
funds sufficient to defray costs of the same, said warrants thereupon to be delivered to the
county treasurer and by him offered for public sale at not less than par. The aggregate of
such warrants outstanding shall not exceed ten percent of the valuation for assessment of all
property of said county as of the date of issuance thereof. No warrants shall run for a period
longer than ten years before retirement nor bear a rate of interest in excess of four percent.
Source: L. 47: p. 750, § 4. CSA: C. 143, § 159. CRS 53: § 120-1-20. C.R.S. 1963:
§ 120-1-16. L. 91: Entire section amended, p. 1111, § 157, effective July 1.
43-2-217. County treasurer fiscal agent The county treasurer of such county shall be
the fiscal agent of the county in connection with such highway anticipation warrants and
shall administer said fund so as to retire such warrants therefrom at such times and in such
manner as the board of county commissioners may prescribe in the issuance thereof, subject
to the limitations provided in sections 43-2-214 to 43-2-218.
Source: L. 47: p. 750, § 5. CSA: C. 143, § 160. CRS 53: § 120-1-21. C.R.S. 1963:
§ 120-1-17.
43-2-218. Sections supplemental. Sections 43-2-214 to 43-2-218 are supplemental
and in addition to all other powers and authorities by statute or otherwise granted and
enjoyed by the respective counties of the state.
Source: L. 47: p. 750, § 6. CSA: C. 143, § 161. CRS 53: § 120-1-22. C.R.S. 1963:
§ 120-1-18.
43-2-219. County authority to privatize county highways and bridges - charge a
toll. Notwithstanding any provision of law to the contrary, the board of county commis-
sioners of a county may enter public-private initiatives, as defined in section 43-1-1201 (3),
for county highways and bridges on behalf of the county. In addition, the board of county
commissioners of a county may enter into contracts or other agreements on behalf of the
county to privatize any county highway or bridge or charge a toll therefor. The board may
also charge a toll for any county highway or bridge for the purpose of constructing,
operating, or maintaining such bridge or highway.
Source: L. 98: Entire section added, p. 447, § 10, effective August 5.
Cross references: For the legislative declaration contained in the 1998 act enacting this section, see
section 1 of chapter 154, Session Laws of Colorado 1998.
Title 43 - page 121 State, County, and Municipal Highways 43-2-302
PART 3
VACATION PROCEEDINGS: ROADS, STREETS, AND HIGHWAYS
Cross references: For abandonment of town incorporation, see part 2 of article 3 of title 31.
43-2-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Block** means that portion of a subdivision surrounded by streets, however
designated, or other boundary lines and platted as a block, plot, tract, square, or other
designated unit.
(2) "Owner** or "owner of record** includes any person, firm, partnership, association,
or corporation.
(3) "Roadway** includes any platted or designated public street, alley, lane, parkway,
avenue, road, or other public way, whether or not it has been used as such.
Source: L. 49: p. 620, § 1. CSA: C. 143, § 69(1). CRS 53: § 120-1-11. CJLS. 1963:
§ 120-14-1.
43-2-302* Vesting of title upon vacation. (1) Subject to the requirements set forth in
sections 43-1-210 (5) and 43-2-106 governing the disposition of certain property by the
department of transportation, whenever any roadway has been designated on the plat of any
tract of land or has been conveyed to or acquired by a county or incorporated town or city
or by the state or by any of its political subdivisions for use as a roadway, and thereafter is
vacated, title to the lands included within such roadway or so much thereof as may be
vacated shall vest, subject to the same encumbrances, liens, limitations, restrictions, and
estates as the land to which it accrues, as follows:
(a) In the event that a roadway which constitutes the exterior boundary of a subdivision
or other tract of land is vacated, title to said roadway shall vest in the owners of the land
abutting the vacated roadway to the same extent that the land included within the roadway,
at the time the roadway was acquired for public use, was a part of the subdivided land or
was a part of the adjacent land.
(b) In the event that less than the entire width of a roadway is vacated, title to the
vacated portion shall vest in the owners of the land abutting such vacated portion.
(c) In the event that a roadway bounded by straight lines is vacated, title to the vacated
roadway shall vest in the owners of the abutting land, each abutting owner taking to the
center of the roadway, except as provided in paragraphs (a) and (b) of this subsection (1).
In the event that the boundary lines of abutting lands do not intersect said roadway at a right
angle, the land included within such roadway shall vest as provided in paragraph (d) of mis
subsection (1).
(d) In all instances not specifically provided for, title to the vacated roadway shall vest
in the owners of the abutting land, each abutting owner taking that portion of the vacated
roadway to which his land, or any part thereof, is nearest in proximity.
(e) No portion of a roadway upon vacation shall accrue to an abutting roadway.
(f) Notwithstanding any other provision of this subsection (1), a board of county
commissioners may provide that title to the vacated roadway shall vest, subject to a
public-access easement or private-access easement to benefit designated properties, in the
owner of the land abutting the vacated roadway, in other owners of land who use the vacated
roadway as access to the owners* land, or in a legal entity that represents any owners of land
who use the vacated roadway as access to the owners* land. Tide shall vest to the owner of
the land abutting the vacated roadway as otherwise required by paragraphs (a) to (d) of this
subsection (1), unless the board expressly requires the title to vest pursuant to the authority
set forth in this paragraph (f) in the resolution to vacate the roadway that is approved by the
board.
Source: L. 49: p. 620, § 2. CSA: C. 143, § 69(2). CRS 53: § 120-1-12. C.R.S. 1963:
§ 120-14-2. L. 96: IP(1) amended, p. 1456, § 3, effective June 1. L. 2007: (1X0 added,
p. 591, § 1, effective September 1.
43-2-303
Transportation
ANNOTATION
Title 43 - page 122
By the dedication under § 31-1-108, the
original owner divests himself of the power of
disposition of the property and vests the city
with this legal power. Buell v. Sears, Roebuck &
Co., 205 F. Supp. 865 (D. Colo. 1962), modi-
fied, 321 F.2d 468 (10th Cir. 1963).
This section vests complete legal title. This
section operates to vest in the adjoining owner
not only the title which initially passed to the
city and county but the complete legal title to
both surface and subsurface rights to vacated
roadway. Buell v. Sears, Roebuck & Co., 321
F.2d 468 (10th Cir. 1963).
Because vacation is not the same as aban-
donment, owners of property abutting a road-
way who had claimed mat the roadway was
abandoned, but had not claimed that it was
vacated, could not seek title to the roadway
under this section. Bd. of County Comm'rs of
Morgan County v. Kobobel, 74 P.3d 401 (Colo.
App. 2002).
Section does not deprive dedicator of prop-
erty unconstitutionally. One dedicating high-
ways to the public by filing plats showing high-
ways located thereon is not unconstitutionally
deprived of its property by this section which
provides that upon vacation of the highway the
title shall vest in the abutting owner. Buell v.
Sears, Roebuck & Co., 205 F. Supp. 865 (D.
Colo. 1962), modified, 321 F.2d 468 (10th Cir.
1963).
Dedicator is on notice. A dedicator, even
though not immediately divested of subsurface
rights, is on notice at the time of dedication that
if a portion of the dedicated street should be
vacated by the city and county unconditional
title would vest in the adjoining owner. Buell v.
Sears, Roebuck & Co., 321 F.2d 468 (10th Cir.
1963).
Vacating resolution is final on enactment,
and cannot be rescinded if the rights of third
parties have vested. Sutphin v. Mourning, 642
P.2d 34 (Colo. App. 1981); LeSatz v. Deshotels,
757 P.2d 1090 (Colo. App. 1988).
Recording deed after vacation conveys lots
only and not vacated street Since in legal
effect there was no deed outstanding, the record-
ing of the original deed after the street vacation
served to convey only the lots and not a portion
of the already vacated street. Sky Harbor, Inc. v.
Jenner, 164 Colo. 470, 435 P.2d 894 (1968).
Subsection (l)(a) clearly contemplates the
vacation of the entire roadway. Buell v. Sears,
Roebuck & Co., 205 F. Supp. 865 (D. Colo.
1962), modified, 321 F.2d 468 (10th Cir. 1963).
While subsection (l)(b) was designed to
cover me vacation of less than the entire
width of a highway. Buell v. Sears, Roebuck &
Co., 205 F. Supp. 865 (D. Colo. 1962), modi-
fied, 321 F. 2d 468 (10th Cir. 1963).
Subsection (l)(d) prevents disjointed
tracts. Subsection (l)(d) would appear to carry
out the policy of the general assembly to prevent
the creation of any disjointed tracts. In all situ-
ations the vacated roadway vests in the owners
of abutting land. Buell v. Sears, Roebuck & Co.,
205 F. Supp. 865 (D. Colo. 1962), modified, 321
F.2d 468 (10th Cir. 1963).
Subsection (l)(e) expresses a clear intent to
exclude an un vacated highway as an abutting
owner. Buell v. Sears, Roebuck & Co., 205 F.
Supp. 865 (D. Colo. 1962), modified, 321 F.2d
468 (10th Cir. 1963).
43-2-303. Methods of vacation. (1) All right, title, or interest of a county, of an
incorporated town or city, or of the state or of any of its political subdivisions in and to any
roadway shall be divested upon vacation of such roadway by any of the following methods:
(a) The city council or other similar authority of a city or town by ordinance may vacate
any roadway or part thereof located within the corporate limits of said city or town, subject
to the provisions of the charter of such municipal corporation and the constitution and
statutes of the state of Colorado.
(b) The board of county commissioners of any county may vacate any roadway or any
part thereof located entirely within said county if such roadway is not within the limits of
any city or town.
(c) If such roadway constitutes the boundary line between two counties, such roadway
or any part thereof may be vacated only by the joint action of the boards of county
commissioners of both counties.
(d) If said roadway constitutes the boundary line of a city or town, it may be vacated
only by joint action of the board of county commissioners of the county and the duly
constituted authority of the city or town.
(2) (a) No platted or deeded roadway or part thereof or unplatted or undefined roadway
which exists by right of usage shall be vacated so as to leave any land adjoining said
roadway without an established public road or private-access easement connecting said land
with another established public road.
(b) If any roadway has been established as a county road at any time, such roadway
Title 43 - page 123 State, County, and Municipal Highways
43-2-303
shall not be vacated by any method other than a resolution approved by the board of county
commissioners of the county. No later than ten days prior to any county commissioner
meeting at which a resolution to vacate a county roadway is to be presented, the county
commissioners shall mail a notice by first-class mail to the last-known address of each
landowner who owns one acre or more of land adjacent to the roadway. Such notice shall
indicate the time and place of the county commissioner meeting and shall indicate that a
resolution to vacate the county roadway will be presented at the meeting.
(c) If any roadway has been established as a municipal street at any time, such street
shall not be vacated by any method other than an ordinance approved by the governing body
of the municipality.
(d) If any roadway has been established as a state highway, such roadway shall not be
vacated or abandoned by any method other than a resolution approved by the transportation
commission pursuant to section 43-1-106 (11).
(e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that
has been established but has not been used as a roadway after such establishment
(f) If any roadway is vacated or abandoned, the documents vacating or abandoning such
roadway shall be recorded pursuant to the requirements of section 43-1-202.7.
(3) In the event of vacation under subsection (1) of this section, rights-of-way or
easements may be reserved for the continued use of existing sewer, gas, water, or similar
pipelines and appurtenances, for ditches or canals and appurtenances, and for electric,
telephone, and similar lines and appurtenances.
(4) Any written instrument of vacation or a resubdivision plat purporting to vacate or
relocate roadways or portions thereof which remains of record in the counties where the
roadways affected are situated for a period of seven years shall be prima facie evidence of
an effective vacation of such former roadways. This subsection (4) shall not apply during
the pendency of an action commenced prior to the expiration of said seven-year period to
set aside, modify, or annul the vacation or when the vacation has been set aside, modified,
or annulled by proper order or decree of a competent court and such notice of pendency of
action or a certified copy of such decree has been recorded in the recorder's office of the
county where the property is located.
Source: L. 49: p. 621, § 3. CSA: C. 143, § 69(3). CRS 53: § 120-1-13. C.RJS. 1963:
§ 120-14-3. L. 88: (2) amended, p. 1122, § 2, effective April 20. L. 93: (2) amended, p.
615, § 2, effective April 30.
Cross references: For vacation by nonuser following admitted statutory dedication and acceptance,
see Crane v. Beck, 133 Colo. 325, 295 P.2d 222 (1956), and Uhl v. McEndaffer, 123 Colo. 69, 225
P.2d 839 (1950).
ANNOTATION
Law reviews. For article, "Resubdividing
and Replatting", see 28 Rocky Mt. L. Rev. 529
(1956).
Section not authority to declare road pub-
lic. This section does not vest the board of
county commissioners with the authority to de-
clare that a road has become public by adverse
use; rather, this section only gives commission-
ers the authority to relinquish any claims the
public may have in a road. Williams v. Town of
Estes Park, 43 Colo. App. 265, 608 P.2d 810
(1979).
Subsection (2)(a) requires a party seeking to
establish vacation of a roadway to demonstrate
that vacation will not create parcels without
access. Bd. of County Comm'rs of Morgan
County v. Kobobel, 74 P.3d 401 (Colo. App.
2002). .
Subsection (2)(a) cannot be construed to
mean that an abutting landowner has a title
interest in any public road such that they can
maintain an action under the federal Quiet
Title Act Staley v. United States, 168 F. Supp.
2d 1209 (D. Colo. 2001).
"Private-access easement" as used in sub-
section (2)(a) means reasonable access. This is
a question of fact to be determined on a case-
by-case basis. Adelson v. Bd. of County
Comm'rs, 875 P.2d 1387 (Colo. App. 1993).
Municipal ordinance purporting to vacate
road merely transferred control over the road
to the county where ordinance did not meet
vacation requirements set forth in statute at the
time of the adoption of the ordinance. Martini v.
Smith, 42 P.3d 629 (Colo. 2002).
The strict requirements of this section only
43-2-304
Transportation
Title 43 -page 124
apply if the roadway has been established
and used as a public road. Martini v. Smith, 42
P.3d 629 (Colo. 2002).
If a road is a public road that has been used
as such, then a disclaimer of interest filed by
a county under the procedural provisions of
C.R.C.P. 105(c) cannot operate to vacate the
road. Rather, the county must comply with the
mandates of this section in order to effect the
vacation of the road. Martini v. Smith, 42 P.3d
629 (Colo. 2002).
Under subsection (2)(a), county cannot,
without compensation, formally abandon a
public road if such action would deprive
abutting landowners of access to their prop-
erty. Heath v. Parker, 30 P.3d 746 (Colo. App.
2000).
Applied in LeSatz v. Deshotels, 757 P.2d
1090 (Colo. App. 1988).
43-2-304. Limitation of actions. Any limitation established by this part 3 shall apply
to causes of action which have accrued prior to May 5, 1949, as well as to all causes of
action accruing thereafter. The right to institute an action shall not be barred by reason of
the limitations prescribed in said part 3 until the expiration of six months from May 5, 1949.
This part 3 shall not be construed as reviving any action or limitation barred by any former
or other statute.
Source: L. 49: p. 622, § 4. CSA: C. 143, § 69(4). CRS 53: § 120-1-14. C.R.S. 1963:
§ 120-14-4.
PART 4
NOISE MITIGATION
43-2-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Applicant'* means a homeowner or renter residing in an eligible area, or the
operator of a temporary housing facility or public housing facility located in an eligible
area, who submits an application to the transportation commission in accordance with this
part 4.
(2) "Department" means the department of transportation.
(3) "Eligible area" means a residential area that:
(a) Is located adjacent to a state highway;
(b) Existed as a residential area before the state highway was constructed or widened;
and
(c) Is located within the boundaries of a local government that, as of the date of the
application, has adopted an ordinance or resolution to mitigate the effects of noise in future
residential or other noise-sensitive development adjacent to the state highways within the
boundaries of the local government.
(4) "Local government" means a city, town, county, or city and county.
(5) "Noise mitigation measures" means noise mitigation measures approved by the
transportation commission pursuant to section 43-2-404.
Source: L. 2006: Entire part added, p. 1255, § 3, effective May 26.
43-2-402. Noise mitigation measures. (1) An applicant may submit an application
for noise mitigation measures to the department between November 1 and March 31 in
accordance with (he application procedures established by the transportation commission by
rule.
(2) An application for noise mitigation measures shall:
(a) Be accompanied by a petition in support of the noise mitigation measures signed by
members of no less than seventy-five percent of the households in an eligible area who live
no more than four-tenths of one mile from the nearest edge of the right-of-way of the state
highway;
(b) Specify whether a local government has agreed to provide any of the moneys
necessary to construct the noise mitigation measures; and
Title 43 - page 125 State, County, and Municipal Highways 43-2-403
(c) Specify which noise mitigation measures the applicant proposes for the eligible
area.
(3) If local governments in an eligible area have not agreed to provide at least fifty
percent of the moneys necessary to construct the proposed noise mitigation measures in the
eligible area, an applicant may submit an application for noise mitigation measures under
this section only if the eligible area existed as a residential area before the state highway
was constructed or widened.
(4) (a) The department shall consider applications received between November 1 and
March 31 for noise mitigation measures to be constructed in the state fiscal year commenc-
ing the following July 1.
(b) No later than July 1 of each year, the department shall review applications received
between November 1 and March 31 of the previous state fiscal year and place applications
that meet the requirements of this section on a list of approved noise mitigation measures.
The department shall prioritize the measures on the list using a formula that gives equal
weight to the following factors:
(1) The hourly equivalent noise level at the first receivers in the eligible area;
(II) The number of homes in the area that will benefit significantly from noise
mitigation measures; and
(HI) The length of time that the area has been an eligible area.
(5) (a) The department shall construct noise mitigation measures on the list of ap-
proved measures for which a local government has agreed to provide no less than fifty
percent of the necessary moneys in the order of priority established pursuant to subsection
(4) of this section, using moneys provided by local governments and any moneys distributed
to the department by the department of public health and environment pursuant to part 2 of
article 17 of tide 25, C.R.S.
(b) After the construction of noise mitigation measures in accordance with paragraph
(a) of this subsection (5), the department shall use any moneys provided by local govern-
ments or distributed to the department pursuant to part 2 of article 17 of tide 25, C.R.S., to
construct other noise mitigation measures on the list of approved measures in the order of
priority established pursuant to subsection (4) of this section.
(c) If a noise mitigation measure on the list of approved measures is not constructed in
a state fiscal year, the applicant may submit an application for the noise mitigation measure
for the next state fiscal year.
Source: L. 2006: Entire part added, p. 1256, § 3, effective May 26. L. 2010: (5)
amended, (HB 10-1018), ch. 421, p. 2181, § 15, effective June 10.
43-2-403. Noise mitigation - privately funded. (1) An applicant may submit an
application for noise mitigation measures to be privately funded to the department at any
time in accordance with the application procedures established by the transportation
commission by rule.
(2) An application for privately funded noise mitigation measures shall:
(a) Be accompanied by a petition signed by no less than seventy-five percent of the
resident homeowners in an eligible area whose homes are located no more than four-tenths
of one mile from the nearest edge of the right-of-way of the state highway;
(b) Specify the source of the moneys necessary to construct the noise mitigation
measures; and
(c) Specify which noise mitigation measures the applicant proposes for the eligible
area.
(3) (a) The department shall consider an application for noise mitigation measures
made pursuant to this section within three months after the application is received.
(b) The department shall approve an application for noise mitigation measures that
meets the requirements of this section. The applicant may construct noise mitigation
measures approved by the department.
(c) Noise mitigation measures constructed in accordance with this section shall:
(I) Comply with applicable rules and procedural directives of the department and the
transportation commission;
43-2-404
Transportation
Title 43 - page 126
(II) Meet the noise reduction standards established by the department;
(III) Be compatible with any existing noise mitigation measures in the eligible area; and
(IV) Comply with the zoning and building requirements established by a local gov-
ernment in the eligible area.
(4) Noise mitigation measures approved pursuant to this section may be constructed in
the state highway right-of-way with the approval of the department or on private land. The
department may sell at fair-market value or grant an easement to any land in the state
highway right-of-way for the purpose of constructing noise mitigation measures approved
in accordance with mis section, subject to the provisions of section 43-1-210 (5).
(5) The applicant shall be responsible for the maintenance of the noise mitigation
measures constructed in accordance with this section.
Source: L. 2006: Entire part added, p. 1257, § 3, effective May 26.
43-2-404. Rule-making authority. The transportation commission created by part 1 of
article 1 of this title shall promulgate rules in accordance with article 4 of tide 24, C.R.S.,
to implement the provisions of this part 4. The rules shall include noise mitigation standards
and a list of approved noise mitigation measures and products that meet the standards.
Source: L. 2006: Entire part added, p. 1258, § 3, effective May 26.
SPECIAL HIGHWAY CONSTRUCTION
ARTICLE 3
Special Highway Construction
PARTI
43-3-207.
Bond lien.
43-3-208.
Bond proceeds.
FRE1
43-3-209.
Tax exemption.
SERVICE ROADS
43-3-210.
Refunding bonds.
43-3-211.
Rights of bondholders.
43-3-101.
Freeways - how declared -
43-3-212.
Effect of payment of bonds.
commercial enterprises pro-
(Repealed)
hibited.
43-3-212.5.
Disposition of tolls - when
43-3-102.
Engineer to divide freeway.
bonds issued.
43-3-103.
Engineer may close street or
43-3-212.6.
Disposition of tolls - when
road.
bonds not issued.
43-3-104.
Street not to open into freeway.
43-3-213.
No debt authorized.
43-3-105.
When local service roads laid
43-3-214.
Succession of powers and du-
out.
ties.
43-3-106.
Acquiring land and right-of-
43-3-215.
Legislative declaration.
way.
43-3-216.
Additional powers.
43-3-107.
Acquisition by commissioners
43-3-217.
Execution.
and department of transporta-
43-3-218.
Bonds legal investments.
tion jointly.
43-3-219.
Interest earnings.
43-3-220.
Notice of investment opportu-
PART 2
nity.
TURNPIKES
PART 3
43-3-201.
Legislative declaration.
TOLL ROADS AND TOLL HIGHWAYS -
43-3-202.
Powers granted to department.
PRIVATE
43-3-202.5.
Public-private initiatives - leg-
islative declaration.
43-3-301.
Definitions.
43-3-203.
Bonds authorized.
43-3-302.
Traffic laws - toll collection -
43-3-204.
Bond details.
definitions.
43-3-205.
Trust indentures.
43-3-303.
Toll roads must be kept in re-
43-3-206.
Payment of bonds - use and
pair.
disposition of fund.
43-3-304.
Noncompete agreements.
Title 43 - page 127
Special Highway Construction
43-3-102
PART 4
TOLL TUNNELS
43-3-401. Legislative declaration.
43-3-402. Powers and duties of transpor-
tation commission.
43-3-403. Authority to construct tunnels.
43-3-404. Anticipation warrants. (Re-
pealed)
43-3-405. Interest - terms - public sale.
(Repealed)
43-3-406. Warrants lawful investments.
(Repealed)
43-3-407. Cessation in office not to affect
signature. (Repealed)
43-3-408. Sinking fund and transfer from
state highway fund. (Re-
pealed)
43-3-409. Redemption procedures. (Re-
pealed)
43-3-410. Highway revenue law not
amended or repealed - when -
rank of lien. (Repealed)
43-3-411. Warrants - obligations limited
to highway fund - not state
indebtedness. (Repealed)
43-3-412. No derogation of powers. (Re-
pealed)
43-3-413. Fees, fares, tolls - contracts.
43-3-414. Vesting powers in transporta-
tion commission.
43-3-415. Transfer of assets. (Repealed)
43-3-416. Notice of investment opportu-
nity. (Repealed)
PARTI
FREEWAYS AND LOCAL SERVICE ROADS
43-3-101. Freeways - how declared - commercial enterprises prohibited. (1) The
transportation commission with the approval of the governor may designate any portion of
a highway to be a freeway whenever, in its opinion, by reason of the volume and speed of
traffic there is particular danger to the safety of the traveling public by collisions between
vehicles proceeding in opposite directions thereon or between vehicles at intersections of
said state highways with other public highways or at approaches to said state highways from
private property abutting thereon.
(2) Whenever, in the establishment of a freeway, real property held under one owner-
ship is severed by the freeway, then the chief engineer may provide access across the
freeway from one such tract to the other either at grade or below or above grade at least
once within one mile if there is a demand made for such crossing by the landowner, or he
must compensate such landowner for any legally compensable damages sustained by any
such severance as provided by law, but the compensable damage shall in no case be less
than the difference in value caused by the severance. No such connecting roads shall be used
for or in connection with the conduct of any roadside business or enterprise. If such tracts
at any time cease to be held under one ownership, the chief engineer may terminate and
discontinue such access roads.
(3) Except as provided in section 32-9-119.8, C.R.S., and part 15 of article 1 of this
title, no commercial enterprise or activity for serving motorists, other than emergency
services for disabled vehicles, shall be conducted or authorized on any property designated
as or acquired for or in connection with a freeway or highway by the department of
transportation, or any other governmental agency. At locations deemed appropriate by the
transportation commission, the department of transportation shall construct local service
roads, which open into or connect with a freeway, in such manner as to facilitate the
establishment and operation of competitive commercial enterprises for serving users of the
freeway on private property abutting such local service roads.
Source: L. 41: p. 654, § 1. CSA: C. 143, § 144. L. 43: p. 531, § 1. CRS 53:
§ 120-6-1. L. 57: p. 634, §§ 1-3. L. 63: p. 794, § 1.CR.S. 1963: § 120-6-1. L. 91: (1)
and (3) amended, p. 1111, § 158, effective July 1. L. 97: (3) amended, p. 343, § 2,
effective April 19. L. 99: (3) amended, p. 264, § 6, effective April 9.
Cross references: For the legislative declaration contained in the 1999 act amending this
subsection (3), see section 1 of chapter 88, Session Laws of Colorado 1999.
43-3-102. Engineer to divide freeway. (1) After such state highway or a portion of
a state highway has been designated a freeway under section 43-3-101, the chief engineer
43-3-103 Transportation Title 43 - page 1 28
is authorized to divide and separate such freeway into separate roadways by the construc-
tion of raised curbings, central dividing sections, or other physical separations or by
designating such separate roadways by signs, markers, stripes, or other devices and may
direct the course of traffic thereon and the proper lane for such traffic by appropriate signs,
markers, stripes, or other devices.
(2) No private right of access shall accrue to property abutting any freeway established
on a new location except at such points as may be authorized; but nothing in this section
shall authorize or permit the acquisition of any existing property rights except upon
payment of just compensation as provided by law.
Source: L. 41: p. 655, § 2. CSA: C. 143, § 145. CRS 53: § 120-6-2. L. 63: p. 795,
§ 2. C.RJS. 1963: § 120-6-2.
ANNOTATION
Law reviews. For article, "Inverse Condem- existing or after acquired property rights, where
nation — A Viable Alternative", see 51 Den. the property abuts an avenue, and there has been
LJ. 529 (1974). no significant change in the grade of the avenue
The elevated portion of an interstate high- causing impairment of access to her property.
way constitutes a new highway on a new Troiano v. Colo. Dept. of Hwys., 170 Colo. 484,
location to which an adjoining owner has no 463 P. 2d 448 (1969).
43-3-103. Engineer may close street or road. The chief engineer, with the approval of
the governor, is authorized to enter into agreements with the cities or towns having
jurisdiction over city or town streets, or with the counties having jurisdiction over county
highways, or with other authorities having jurisdiction over other public ways to close any
city street or county highway or other public way at or near the point of its intersection with
any such freeway or to make provisions for carrying such city street or county highway or
other public way over or under or to a connection with the freeway and do any work on such
city street or county highway or other public way as is necessary therefor.
Source: L. 41: p. 655, § 3. CSA: C. 143, § 146. CRS 53: § 120-6-3. C.R.S. 1963:
§ 120-6-3.
43-3-104. Street not to open into freeway. No city street, county highway, or other
public way of any kind shall be opened into or connected with any such freeway unless the
chief engineer, with the approval of the governor, consents in writing to the same. The chief
engineer, with the approval of the governor, may fix the terms and conditions on which such
connection shall be made if such connection will best serve the public interest, safety, and
welfare and may withhold his consent to such connection if such connection will not serve
the public interest, safety, and welfare. Appeal from any ruling or decision made under the
provisions of this section may be had to the district court of the county in which that portion
of the freeway affected is located.
Source: L. 41: p. 655, § 4. CSA: C. 143, § 147. CRS 53: § 120-6-4. C.R.S. 1963:
§ 120-6-4.
43-3-105. When local service roads laid out Whenever a freeway is designated under
the provisions of this part 1, the chief engineer is authorized to lay out and construct local
service roads or designate as local service roads any existing street or public way if the same
is within reasonable distance of such freeway wherever, in his opinion, there is a particular
danger to the traveling public of collisions due to vehicles entering the freeway from the
sides thereof and may divide and separate any such service road from the freeway by raised
curbs or dividing sections, or other appropriate devices. If such local service road is a
highway or street already in existence, he may designate the same by appropriate signs,
markers, or other devices.
Title 43 - page 129
Special Highway Construction
43-3-107
Source: L. 41: p. 655, § 5. CSA: C. 143, § 148. CRS 53: § 120-6-5. C.R.S. 1963:
§ 120-6-5.
43-3-106. Acquiring land and right-of-way. The department of transportation is
authorized to purchase or condemn any land necessary for the construction of any local
service road authorized by this part 1 and is also authorized to purchase or condemn any
right of access appertain ing to any land abutting on a state highway or on a portion of a state
highway when such right of access is disturbed or destroyed by the designation of a state
highway or such portion of a state highway as a freeway under the provisions of this part
1 in the same manner and form as provided by law for the purchase or condemnation of
highway rights-of-way.
Source: L. 41: p. 656, § 10. CSA: C. 143, § 153. CRS 53: § 120-6-10. C.ILS. 1%3:
§ 120-6-10. L. 91: Entire section amended, p. 1111, § 159, effective July 1.
ANNOTATION
Law reviews. For article, "Recent Develop-
ments in Colorado Eminent Domain", see 27
Rocky Mt. L. Rev. 23 (1954). For article, "In-
verse Condemnation — A Viable Alternative",
see 51 Den. L.J. 529 (1974).
When abutting landowner entitled to com-
pensation. An abutting landowner is entitled to
compensation when his access is denied or sub-
stantially damaged by an extraordinary or unan-
ticipated use of an adjoining public street.
Monen v. State Dept of Hwys., Div. of Hwys.,
33 Colo. App. 69, 515 P.2d 1246 (1973).
This section authorizes compensation where a
landowner's right of access is taken, not where
access is reasonably regulated. State Dept. of
Hwys. v. Davis, 626 P.2d 661 (Colo. 1981).
An abutting landowner's right to damages
accrues at the time of the taking. Monen v.
State Dept. of Hwys., Div. of Hwys., 33 Colo.
App. 69, 515 P.2d 1246 (1973).
Such right is personal to him unless specif-
ically assigned to subsequent grantees. Monen v.
State Dept. of Hwys., Div. of Hwys., 33 Colo.
App. 69, 515 P.2d 1246 (1973).
Evidence supported conclusion that prac-
tical and legal effect of highway department's
action was a taking of access rights without
compensation. Monen v. State Dept. of Hwys.,
Div. of Hwys., 33 Colo. App. 69, 515 P.2d 1246
(1973).
CDOT's power to condemn property pur-
suant to this section for local service roads
includes no express or implied authority to con-
demn for parking and transit facilities. Dept. of
Transp. v. Stapleton, 81 P.3d 1105 (Colo. App.
2003), rev'd on other grounds, 97 P.3d 938
(Colo. 2004).
43-3-107. Acquisition by commissioners and department of transportation jointly.
Boards of county commissioners of the several counties may join with the department of
transportation to acquire by donation, purchase, or condemnation any land or right of access
appurtenant thereto necessary for the construction of any state highway, freeway, or local
service road.
Source: L. 55: p. 735, § 1. CRS 53: § 120-6-11. C.R.S. 1963: § 120-6-11. L. 91:
Entire section amended, p. 1112, § 160, effective July 1.
ANNOTATION
There is no express or implied authority in
this section for a county to condemn private
property for parking and transit facilities.
The section only allows a county to join with the
department of transportation to acquire any land
or right of access necessary for the construction
of any state highway, freeway, or local service
road. Dept. of Transp. v. Stapleton, 81 P.3d 1105
(Colo. App. 2003), rev'd on other grounds, 97
P.3d 938 (Colo. 2004).
43-3-201 Transportation Title 43 - page 1 30
PART 2
TURNPIKES
43-3-201. Legislative declaration. The development and improvement of the public
highways and roads within the state of Colorado being essential to the well-being and
prosperity of the state and the inhabitants thereof, it is declared to be the policy and purpose
of the general assembly to provide for such development and improvement by conferring
additional powers on the department of transportation as a body corporate under the laws
of the state of Colorado.
Source: L. 49: p. 601, § l.CSA:C. 143, § 125(1). CRS 53: § 120-8-1. C.R.S. 1963:
§ 120-8-1. L. 91: Entire section amended, p. 1112, § 161, effective July 1.
43-3-202. Powers granted to department (1) In addition to the powers now pos-
sessed by it, the department of transportation has power:
(a) To formulate, by its own initiative or by recommendation of the governor, plans for
the development and improvement of the state highway system by the construction of
turnpikes within the state and to conduct engineering surveys and perform any other acts
necessary in deteimining the feasibility of such plans. 'Turnpike" means any highway or
express highway, tunnel, or toll tunnel constructed under the provisions of this part 2 and
includes all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, ap-
proaches, toll houses, service stations, and administration, storage, and other buildings
which the department of transportation may deem necessary for the operation of such
turnpike, together with all property, rights, easements, and interests which may be acquired
by the department of transportation for the construction or the operation of such turnpike.
(b) To design, finance, construct, operate, maintain, improve, and reconstruct turnpikes
in the state and to acquire, construct, operate, control, and use the turnpikes and all works,
facilities, and means necessary or convenient to the full exercise of the powers granted in
this section. It is declared that such turnpikes are public highways of the state.
(c) To take all steps and adopt all proceedings and to make and enter into all contracts
or agreements with other states, the United States, or any of its agencies, instrumentalities,
or departments, including, without limiting the generality of the foregoing, the reconstruc-
tion finance corporation or with public corporations within the state necessary or incidental
to the performance of its duties and the execution of its powers under this part 2; but any
contract relating to the financing of any such construction, maintenance, improvement, or
reconstruction shall be approved by the governor before the same becomes effective;
(c.5) To make and enter into contracts or agreements with one or more public or private
entities to design, finance, construct, operate, maintain, reconstruct, or improve a turnpike
project by means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of
article 1 of this title;
(d) To establish, revise periodically, and collect fees, fares, and tolls for the privilege of
traveling along and over the turnpikes and for such other uses as may be made available by
the establishment of such turnpikes, to adopt such rules governing the use of the turnpikes
as the department of transportation may determine to be advisable, and to exercise such
other powers and authority as may be necessary or convenient to the practical and full
operation and use thereof;
(e) To set aside in a special sinking fund and to pledge any and all fees, fares, and tolls
and all income however derived to the payment of the principal of and the interest on the
bonds authorized in this part 2 to be issued;
(f) To set aside in a special sinking fund and to pledge from the proceeds in the state
highway fund derived from the imposition of licenses, registration, and other charges with
respect to the operation of any motor vehicle upon any public highway of the state and the
proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel an
amount sufficient to insure the payment of the principal and interest on the bonds authorized
in this part 2 to be issued promptly as the same respectively become due; except that any
such pledge shall first be approved by joint resolution of the senate and house of
Title 43 -page 131
Special Highway Construction
43-3-202.5
representatives and further except that the amount so set aside and pledged shall not exceed
in any one year one hundred percent of the total of the following:
(I) The amount of principal and interest falling due during such year; and
(II) The amount required to be paid into the special sinking fund as a reasonable reserve
for the payment of the bonds authorized in this part 2 in accordance with the resolution of
the transportation commission authorizing their issuance as approved by the joint resolution
of the senate and house of representatives.
(g) To accept grants and permits from and to cooperate with the United States or any
agency, instrumentality, or department thereof in the construction, reconstruction, mainte-
nance, improvement, operation, and financing of turnpikes or their appurtenances and to do
all things necessary to avail itself of such cooperation;
(h) To designate as a turnpike project a described territory or a described portion of the
highway system of the state to be constructed or improved under this part 2;
(i) To cooperate, negotiate, and contract with other states in any manner necessary to
effect the purposes of this part 2;
(j) To require that each contractor to whom is awarded any contract for the construc-
tion, erection, repair, maintenance, or improvement of any turnpike, as defined in paragraph
(a) of this subsection (1), shall, before entering upon the performance of any work included
in said contract, execute, deliver to, and file with the department of transportation a good
and sufficient bond to be approved by the department of transportation in an amount to be
fixed by the department of transportation, which amount shall be not less than twenty-five
percent of the total amount payable by the terms of said contract. Such bond shall be duly
executed by a qualified corporate surety, conditioned for the faithful performance of the
contract according to the terms thereof, and, in addition, shall provide that, if the contractor
or his subcontractors fail to duly pay for any labor, materials, motor vehicle or team hire,
sustenance, provisions, provender, or other supplies used or consumed by such contractor
or his subcontractor or contractors in performance of the work contracted to be done, the
surety will pay the same in an amount not exceeding the sum specified in the bond, together
with interest at the rate of eight percent per annum.
Source: L. 49: p. 601, § 2. CSA: C. 143, § 125(2). CRS 53: § 120-8-2. L. 54: pp.
151, 154, 155, §§ 1, 1-3. L. 56, 1st Ex. Sess.: pp. 28, 36, 37, §§ 1, 1-3. C.ILS. 1963:
§ 120-8-2. L. 84: (l)(a) and (l)(b) amended, p. 1112, § 1, effective April 9. L. 91: IP(1),
(l)(a), (l)(d), (l)(f)(n), and (l)(j) amended, p. 1112, § 162, effective July 1. L. 96: (0(b),
(l)(d), and (0(0 amended and (l)(c.5) added, p. 461, § 1, effective April 23.
ANNOTATION
Resolution required by subsection (l)(f)(II)
need not be presented to governor. The ap-
proval of the general assembly required in sub-
section (l)(f)(II) is a matter relating solely to the
transaction of the business of the two houses, as
that phrase is used in § 39 of art. V, Colo.
Const., and it is unnecessary to present such a
resolution to the governor for his approval or
disapproval. Watrous v. Golden Chamber of
Commerce, 121 Colo. 521, 218 P.2d 498 (1950).
The approval of the general assembly is not
required to be by bill as that term is used in the
constitution. Watrous v. Golden Chamber of
Commerce, 121 Colo. 521, 218 P.2d498 (1950).
43-3-202 .5. Public-private initiatives - legislative declaration. (1) The general
assembly hereby finds and declares that:
(a) The department of transportation is in need of funds to invest in new infrastructure
projects, including turnpikes, within the state transportation system, and public-private
partnerships can provide the state with a new source of capital for such projects;
(b) Privately-developed transportation projects can result in time and cost savings, risk
reduction, and new tax revenues to the state; and
(c) Public-private agreements can be utilized by the state not only for the development
of new turnpikes but also for the modernization and improvement of existing turnpikes.
(2) The department of transportation may enter into public-private initiatives pursuant
to part 12 of article 1 of this title for the following purposes:
43-3-203 Transportation Title 43 - page 132
(a) To design, finance, construct, and operate a new turnpike project within the state; or
(b) To improve an existing turnpike project in the state by modernizing, upgrading,
expanding, or maintaining an existing turnpike facility.
(3) (a) The department of transportation is authorized to solicit and consider proposals,
enter into agreements, grant public benefits, and accept contributions for public-private
initiatives pursuant to part 12 of article 1 of this title concerning the purposes set forth in
subsection (2) of this section.
(b) As used in this subsection (3), "public benefit" has the same meaning as set forth
in section 43-1-1201 (2).
(4) A public-private initiative under this section shall include a provision that the public
or private entity shall secure and maintain liability insurance coverage during the construc-
tion and improvement of any turnpike project in amounts appropriate to protect a project's
viability.
Source: L. 96: Entire section added, p. 462, § 2, effective April 23. L. 2007: (3)(a)
amended, p. 2051, § 105, effective June 1.
43*3-203. Bonds authorized. (1) For the purpose of defraying the cost of construct-
ing, improving, or reconstructing any such turnpike and all expenses incidental thereto,
including all engineering and legal fees and interest during construction and for one year
thereafter, the department of transportation may, upon the affirmative majority vote of the
entire membership of the transportation commission and with the approval of the general
assembly evidenced by joint resolution of the senate and house of representatives, and
signed by the governor, issue bonds of the state of Colorado, payable from a fund consisting
of the fees, fares, and tolls derived from any designated turnpike project and with the
approval of the general assembly evidenced by joint resolution of the senate and house of
representatives, additionally secured by a pledge of and payable from a special fund set
aside from the state highway fund, but the amount so set aside and pledged shall not exceed
in any one year one hundred percent of the total of the following:
(a) The amount of principal and interest falling due during such year; and
(b) The amount required to be paid into the special sinking fund as a reasonable reserve
for the payment of the bonds authorized in this part 2 in accordance with the resolution of
the transportation commission authorizing their issuance as approved by the joint resolution
of the senate and house of representatives.
Source: L. 49: p. 603, § 3. CSA: C. 143, § 125(3). CRS 53: 120-8-3. L. 54: p. 155,
§ 4.L. 56,Ex.Sess.:p.38,§ 4.C.R.S. 1963: § 120-8-3. L. 84: IP(1) amended, p. 1112,
§ 2, effective April 9. L. 91: IP(1) and (l)(b) amended, p. 1113, § 163, effective July 1.
L. 96: Entire section amended, p. 463, § 3, effective April 23.
Cross references: For presentation of resolutions to the governor, see § 39 of art. V, Colo. Const.
ANNOTATION
The bonds provided in this article do not Golden Chamber of Commerce, 121 Colo. 521,
create a debt of the state prohibited by §§ 3 218 P.2d 498 (1950).
and 4 of art XI, Colo. Const Watrous v.
43-3-204. Bond details. All bonds issued under the provisions of this part 2 shall bear
interest at a rate not exceeding a maximum net effective rate authorized by resolution of the
transportation commission on the face value of the issue of bonds and shall be in such form
and executed in such manner and shall be payable at such times extending not more than
thirty years from the date thereof, shall contain the provisions for prior redemption, and
shall be payable at such places as the department of transportation determines. The bonds
shall be sold at public or private sale on such terms as the department of transportation may
determine. In case any of the officers whose signatures or countersignatures appear on the
Title 43 - page 133 Special Highway Construction 43-3-206
bonds or the coupons attached thereto cease to be officers before delivery of the bonds, the
signatures and countersignatures shall nevertheless be valid and sufficient for all purposes
with the same force and effect as if they had remained in office until the deli very . The bonds
shall contain on their face the designation of the project as determined by the department
of transportation and in anticipation of the revenues of which the same are issued All bonds
issued under the provisions of this part 2 shall have and are declared to have all the qualities
and incidents of negotiable instruments under the law of the state.
Source: L. 49: p. 604, § 4. CSA: C. 143, § 125(4). CRS 53: § 120-8-4. L. 56, Ex.
Sess.: p. 38, § 5. C.&S. 1963: § 120-8-4. L. 84: Entire section amended, p. 1113, § 3,
effective April 9. L. 91: Entire section amended, p. 1114, § 164, effective July 1. L. 96:
Entire section amended, p. 463, § 4, effective April 23.
Cross references: For negotiable instruments, see article 3 of title 4.
43-3-205. Trust Indentures. In the discretion of the department of transportation, such
bonds may be secured by a trust indenture by and between the department of transportation
and a corporate trustee which may be any trust company or bank having the powers of a
trust company within or outside of the state. Such trust indentures may pledge or assign tolls
and revenue to be received from the operation of the turnpike project but shall not convey
or mortgage the turnpike or any part thereof. The resolution providing for the issuance of
such bonds or such trust indenture may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and proper and not in
violation of law, including, without limiting the generality of the foregoing, covenants
setting forth the duties of the department of transportation in relation to the acquisition of
properties and the construction, maintenance, operation, repair, and insurance of the
turnpike project and the custody, safeguarding, and application of all moneys. Such
indenture may set forth the rights and remedies of the bondholders and of the trustee and
may restrict the individual right of action of bondholders. In addition to the foregoing, such
trust indenture may contain such other provisions as the department of transportation may
deem reasonable for the security of bondholders. All expenses incurred in carrying out such
trust indenture may be treated as a part of the cost of maintenance, operation, and repair of
the turnpike project.
Source: L. 49: p. 604, § 5. CSA: C. 143, § 125(5). CRS 53: § 120-8-5. C.R.S. 1963:
§ 120-8-5. L. 91: Entire section amended, p. 1114, § 165, effective July 1.
43-3-206. Payment of bonds- use and disposition of fund. (1) (a) At or before the
issuance of any bonds under the provisions of mis part 2, the department of transportation
shall, by resolution of the transportation commission:
(I) Establish a schedule of fees, fares, and tolls to be charged for the use of the project;
and
(II) Create a special sinking fund in the state treasury for the payment of the principal
of and the interest on the bonds authorized to be issued promptly as the same, respectively,
become due.
(b) Into the fund there shall be set aside and pledged by the department of transpor-
tation all the fees, fares, and tolls and all other income however derived resulting from the
operation of the project and all moneys authorized to be set aside and pledged from the state
highway fund not exceeding in any one year one hundred percent of the total of the
following:
(I) The amount of principal and interest falling due during such year; and
(II) The amount required to be paid into the special sinking fund as a reasonable reserve
for the payment of the bonds authorized in this part 2 in accordance with the resolution of
the transportation commission authorizing their issuance as approved by the joint resolution
of the senate and house of representatives.
43-3-207 Transportation Title 43 - page 134
(2) The department of transportation may, by resolution of the transportation commis-
sion passed prior to the issuance of the bonds or in the trust indenture, covenant to pay the
cost of maintaining, repairing, and operating any turnpike constructed under the provisions
of this part 2, and, inasmuch as such turnpike will at all times belong to the state, such
resolution shall have the force of contract between the state and the holders of the bonds
issued for such turnpike.
(3) To the extent that the fund provided for in this section is not required for the
payment of bonds and the creation of a reserve fund and a sinking fund, the same shall be
used to pay the cost of maintaining, repairing, and operating the turnpike project pursuant
to section 43-3-212.5. Nothing in mis section shall be construed as impairing the obligation
of the state to maintain and operate any such turnpike project as a state highway.
(4) The bonds issued under this part 2 shall constitute an irrevocable charge against the
special sinking fund. Separate accounts shall be kept in the office of the state treasury of the
funds derived from each project against the revenues of which bonds are issued under this
part 2. The resolution of the transportation commission may contain such other provisions
or covenants not inconsistent with the provisions of this part 2 as the department of
transportation may consider advisable to insure the payment of the bonds.
Source: L. 49: p. 606, § 6. CSA: C. 143, § 125(6). CRS 53: § 120-8-6. L. 56, 1st Ex.
Sess.: p. 39, § 6. C.R.S. 1963: § 120-8-6. L. 91: IP(1), (l)(b), (2), and (3) amended, p.
1115, § 166, effective July 1. L. 96: Entire section amended, p. 464, § 5, effective April
23.
43-3-207. Bond lien. (1) All bonds issued pursuant to section 43-3-203 shall consti-
tute a first lien on all or any part of the moneys pledged or set aside under sections 43-3-202
(1) (f) and 43-3-203; except that the department of transportation may provide preferential
security for any bonds to be issued under section 43-3-203 over any bonds that may be
issued under section 43-3-203 thereafter. No moneys which may, from time to time, be
credited to the state highway fund which are derived from sources other than those
described in section 43-3-202 (1) (f) or 43-3-203 shall be applied to the payment of the
bonds issued pursuant to section 43-3-203.
(2) Any pledge made by the department of transportation to secure the payment of
bonds issued pursuant to section 43-3-203 shall be valid and binding from the time when
the pledge is made. The revenues, moneys, and funds so pledged shall immediately be
subject to lien of such pledge without any physical delivery or further act, and the lien of
such pledge shall be valid and binding against all parties having claims of any kind in tort
or contract or otherwise against the department of transportation, irrespective of whether
such parties have notice of such lien. Each pledge, agreement, and resolution made for the
benefit or security of any of the bonds issued pursuant to section 43-3-203 shall continue
to be effective until the principal of and interest on the bonds for the benefit of which the
same are made has been fully paid or provision for such payment has been duly made.
(3) Any resolution of the transportation commission for the issuance of bonds pursuant
to section 43-3-203 may contain the provisions for protecting and enforcing the rights and
remedies of the holders of any of the bonds as may be reasonable and proper and not in
violation of law, including covenants setting forth the duties of the department of trans-
portation in relation to the purposes to which proceeds of the bonds may be applied, the
terms and conditions for the issuance of additional bonds, and the custody, safeguarding,
and application of all moneys. Any such resolution may set forth the rights and remedies of
the holders of any bonds and may restrict the individual right of action by any such holders.
In addition, any such resolution may contain any other provisions as the department of
transportation may deem reasonable and proper for the security of the holders of any bonds.
All expenses incurred in carrying out the provisions of the resolution may be paid from the
revenues or assets pledged or assigned to the payment of the bonds. In the event of default
in any such payment or in any agreements of the department of transportation made as part
of the contract under which the bonds were issued or contained in the resolution concerning
the bonds, the payment or agreement may be enforced by suit, mandamus, or either of the
remedies.
Title 43 - page 135 Special Highway Construction 43-3-212
Source: L. 49: p. 606, § 7. CSA: C. 143, § 125(7). CRS 53: § 120-8-7. L. 56, 1st Ex.
Sess.: p. 40, § 7. C.R.S. 1963: § 120-8-7. L. 84: Entire section R&RE, p. 1113, § 4,
effective April 9. L. 91: Entire section amended, p. 1115, § 167, effective July 1. L. 96:
(3) amended, p. 465, § 6, effective April 23.
43-3-208. Bond proceeds. All moneys received from any bonds issued pursuant to this
part 2 shall be applied solely to the payment of the cost of the turnpike project or to the
appurtenant fund, and there is hereby created and granted a lien upon such moneys until so
applied in favor of holders of such bonds or the trustee provided for in respect of such
bonds.
Source: L. 49: p. 606, § 8. CSA: C. 143, § 125(8). CRS 53: § 120-8-8. C.R.S. 1963:
§ 120-8-8.
43-3-209. lax exemption. The accomplishment by the department of transportation of
the authorized purposes stated in this part 2 being for the benefit of the people of the state
and for the improvement of their commerce and prosperity in which accomplishment the
department of transportation will be performing essential governmental functions, the
department of transportation shall not be required to pay any taxes or assessments on any
property acquired or used by it for the purposes provided in this part 2.
Source: L. 49: p. 606, § 9. CSA: C. 143, § 125(9). CRS 53: § 120-8-9. C.RJS. 1963:
§ 120-8-9. L. 91: Entire section amended, p. 1116, § 168, effective July 1.
43-3-210. Refunding bonds. The department of transportation is authorized to provide,
by resolution of the transportation commission, for the issuance of refunding bonds of the
state of Colorado for the purpose of refunding any bonds issued under the provisions of this
part 2 and then outstanding. The issuance of the refunding bonds, the maturities and other
details thereof, the rights of the holders thereof, and the duties of the department of
transportation in respect to the same shall be governed by the provisions of this part 2
insofar as the same may be applicable.
Source: L. 49: p. 606, § 10. CSA: C. 143, § 125(10). CRS 53: § 120-8-10.
C.R.S. 1963: § 120-8-10. L. 91: Entire section amended, p. 1117, § 169, effective July 1.
L. 96: Entire section amended, p. 465, § 7, effective April 23.
43-3-211. Rights of bondholders. Any holder of bonds issued under the provisions of
this part 2 or any of the coupons attached to said bonds and the trustee under the trust
indenture, if any, except to the extent the rights given in this section may be restricted by
resolution passed before the issuance of the bonds or by the trust indenture, either at law or
in equity by suit, action, mandamus, or other proceedings, may protect and enforce any and
all rights granted under this section or under such resolution or trust indenture and may
enforce and compel performance of any duties required by this part 2 or by such resolution
or trust indenture to be performed by the department of transportation or any officer thereof,
including the fixing, charging, and collecting of fees, fares, and tolls for the use of the
turnpike project.
Source: L. 49: p. 606, § 11. CSA: C. 143, § 125(11). CRS 53: § 120-8-11.
C.RJS. 1963: § 120-8-11. L. 91: Entire section amended, p. 1117, § 170, effective July 1.
43-3-212. Effect of payment of bonds. (Repealed)
Source: L. 49: p. 607, § 12. CSA: C. 143, § 125(12). CRS 53: § 120-8-12.
C.RJS. 1963: § 120-8-12. L. 91: Entire section amended, p. 1117, § 171, effective July 1.
L. 96: Entire section repealed, p. 465, § 8, effective April 23.
43-3-212.5 Transportation Title 43 - page 136
43-3-212 J. Disposition of tolls - when bonds issued. (1) If any bonds are issued
pursuant to this part 2, any fees, fares, and tolls to be charged for the use of any turnpike
shall be fixed and adjusted so that the fees, fares, and tolls collected, along with other
revenues, if any, are at least sufficient to pay for, as applicable:
(a) Any bonds issued pursuant to this part 2 and interest thereon, all sinking fund
requirements, and any other requirements provided for by resolution of the transportation
commission or by any trust indenture to which the department is a party; or
(b) The reasonable return on investment of any private entity financing the project by
means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of article 1
of this title.
(2) If amounts generated from the fees, fares, and tolls collected exceed the amount
required in subsection (1) of this section, such fees, fares, and tolls shall then be used to pay
the necessary costs for the proper operation, maintenance, and repair of any turnpike
project.
(3) If the transportation commission determines that a turnpike project is being ade-
quately maintained, the department may use any proceeds in the special sinking fund in
excess of the amounts required under subsections (1) and (2) of this section for the
maintenance, construction, and operation of a network of turnpikes.
Source: L. 96: Entire section added, p. 466, § 9, effective April 23. L. 98: IP(1)
amended, p. 1097, § 14, effective June 1.
43-3-212.6. Disposition of tolls - when bonds not issued. ( 1 ) If bonds are not issued
pursuant to this part 2, any fees, fares, and tolls to be charged for the use of any turnpike
shall be fixed and adjusted so that the fees, fares, and tolls collected, along with other
revenues, if any, are at least sufficient to ensure, as applicable:
(a) Reimbursement or payment to the department of transportation for all costs relating
to or resulting from the turnpike project, including, but not limited to, costs for the design,
finance, construction, operation, maintenance, improvement, and reconstruction of the
turnpike, and for all works, facilities, and means necessary or convenient to the full exercise
of the powers granted to the department of transportation under this part 2;
(b) The reasonable return on investment of any private entity financing the turnpike
project by means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of
article 1 of this title.
(2) If amounts generated from the fees, fares, and tolls collected exceed the amount
required in subsection (1) of this section and if the transportation commission determines
that a turnpike project is being adequately maintained, the department of transportation may
use any proceeds in excess of such amounts for the maintenance, construction, and
operation of a network of turnpikes.
Source: L. 96: Entire section added, p. 466, § 9, effective April 23. L. 98: (1) amended,
p. 1097, § 15, effective June 1.
43-3-213. No debt authorized. Nothing in this part 2 shall be construed as authorizing
the contracting by the state of a debt by loan in any form nor the pledging of general taxes
of the state.
Source: L. 49: p. 607, § 13. CSA: C. 143, § 125(13). CRS 53: § 120-8-13.
C.R.S. 1963: § 120-8-13.
43-3-214. Succession of powers and duties. It is the intention of this section that the
powers conferred and the duties imposed on the department of transportation by this part 2
shall be exercised and performed by any corporation, commission, or department succeed-
ing to the powers and duties of the department of transportation as now constituted and as
extended by the provisions of this part 2.
Title 43 - page 137 Special Highway Construction 43-3-219
Source: L. 49: p. 607, § 14. CSA: C. 143, § 125(14). CRS 53: § 120-8-14.
C.R.S. 1963: § 120-8-14. L. 91: Entire section amended, p. 1117, § 172, effective July 1.
43-3-215. Legislative declaration. It is declared that the total interest payable on
bonds issued pursuant to the provisions of sections 43-3-201 to 43-3-214 may be reduced
by granting to the transportation commission the additional powers set forth in this part 2
in connection with the refunding of said bonds as authorized by section 43-3-210.
Source: L. 63: p. 796, § 1. C.R.S. 1963: § 120-8-15. L. 91: Entire section amended,
p. 1118, § 173, effective July 1.
43-3-216. Additional powers. (1) In addition to the powers conferred upon it, the
transportation commission has the power:
(a) To establish escrow accounts in any bank within the state of Colorado which is a
member of the federal deposit insurance corporation under protective agreements in
amounts sufficient to insure the payment of any bonds refunded under the provisions of
sections 43-3-201 to 43-3-214. Any or all of the accounts so established may be invested
in direct obligations of the United States with appropriate maturities and yields to insure
such payment. The term of any such escrow agreement shall not exceed five and one-half
years.
(b) To prescribe the terms, conditions, and manner in which such refunding bonds will
be issued and sold and to provide for the payment of the costs of such refunding, including
the fees of fiscal agents and attorneys and the charges of banks acting as escrow deposi-
taries;
(c) To do and perform all other things and acts, whether or not specifically enumerated
in sections 43-3-201 to 43-3-214 or in sections 43-3-215 to 43-3-218, to effect a refunding
of said bonds in order to effect a saving in interest cost to the state, but nothing in sections
43-3-215 to 43-3-218 shall be construed as authorizing the impairment of the obligation of
contract.
Source: L. 63: p. 796, § 2. C.R.S. 1963: § 120-8-16. L. 91: IP(1) amended, p. 1118,
§ 174, effective July 1.
43-3-217. Execution. Said refunding bonds may be executed in accordance with article
55oftitlell,C.R.S.
Source: L. 63: p. 797, § 3. C.R.S. 1963: § 120-8-17.
43-3-218. Bonds legal investments. It is lawful for the bonds issued pursuant to this
part 2 to be purchased by any bank, trust company, savings and loan association, investment
company and association, executor, administrator, guardian, trustee, and other fiduciary.
Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in such
bonds only if said bonds satisfy the investment requirements established in part 6 of article
75oftide24,C.R.S.
Source: L. 63: p. 797, § 4. C.R.S. 1963: § 120-8-18. L. 84: Entire section R&RE, p.
1114, § 5, effective April 9. L. 89: Entire section amended, p. 1133, § 77, effective July
1.
43-3-219. Interest earnings. All interest derived from the investment of the proceeds
of the bonds issued pursuant to this part 2 shall, at the discretion of the department of
transportation, be applied to the purposes for which the bonds are issued or shall be credited
to the funds created by this part 2. The interest derived from the investment of the funds
created by this part 2 shall remain in such funds.
43-3-220 Transportation Title 43 - page 138
Source: L. 84: Entire section added, p. 1114, § 6, effective April 9. L. 91: Entire
section amended, p. 1118, § 175, effective July 1.
43-3-220. Notice of investment opportunity. (1) The department or the private
entity responsible for issuing bonds under this part 2 may forward a copy of the bonds and
a description of the investment opportunity for such bonds to any of the following for
consideration under their respective statutory authority:
(a) The board of trustees of the public employees* retirement association created under
section 24-51-202, C.R.S.;
(b) Repealed.
(c) The board of directors of the lire and police pension association, as defined in
section 31-31-102 (2), C.R.S.;
(d) The boards of trustees of the firefighters' and police officers' old hire pension funds,
as defined in section 31-30.5-102 (1.5), C.R.S.;
(e) The board of trustees of the volunteer firefighter pension fund, as defined in section
31-30-1102 (1), C.R.S.;
(f) Repealed.
(g) The board of directors of the university of Colorado hospital authority, as defined
in section 23-21-502 (2), C.R.S.;
(h) The state treasurer for consideration under section 23-20-117.5, C.R.S.;
(i) The county boards of retirement, as described in section 24-54-107, C.R.S.;
(j) The governing boards of state colleges and universities, as defined in sections
24-54.5-102 (5) and 24-54.6-102 (4), C.R.S.; and
(k) Any employer who has established a defined contribution plan.
Source: L. 98: Entire section added, p. 443, § 3, effective August 5. L. 2001: (l)(a)
amended, p. 1286, § 76, effective June 5. L. 2009: (l)(b) repealed, (SB 09-066), ch. 73,
p. 260, § 25, effective July 1; (l)(d) amended, (HB 09-1030), ch. 16, p. 92, § 6, effective
August 5. L. 2010: (l)(f) repealed, (HB 10-1422), ch. 419, p. 2126, § 188, effective
August 11.
Cross references: For the legislative declaration contained in the 1998 act enacting this section, see
section 1 of chapter 154, Session Laws of Colorado 1998.
PART 3
TOLL ROADS AND TOLL HIGHWAYS - PRIVATE
Editor's note: This part 3 was numbered as article 9 of chapter 120, C.R.S. 1963. The substantive
provisions of this part 3 were repealed and reenacted in 2006, causing some addition, relocation, and
elimination of sections as well as subject matter. For amendments to this part 3 prior to 2006, consult
the Colorado statutory research explanatory note and the table itemizing the replacement volumes and
supplements to the original volume of C.R.S. 1973, beginning on page vii in the front of this volume.
Former C.R.S. section numbers are shown in editor's notes following those sections that were
relocated
43-3-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) "Toll road" or "toll highway" shall have the meaning set forth in section 7-45-102
(8), C.R.S.
(2) "Toll road or toll highway company" shall have the meaning set forth in section
7-45-102 (9), C.R.S.
Source: L. 2006: Entire part R&RE, p. 1770, § 3, effective June 6.
43-3-302. Traffic laws - toll collection - definitions. (1) (a) The transportation
commission shall review a toll road or toll highway company* s toll schedule as part of the
project description submitted for approval as part of the statewide transportation plan and
every five years thereafter if eminent domain is used by the department of transportation to
Title 43 - page 139 Special Highway Construction 43-3-302
acquire any part of the right-of-way for a toll road or toll highway. The review shall be
limited to determining whether a reduced toll may be imposed on high occupancy vehicles
and public mass transit vehicles in order to encourage the use of such vehicles on the toll
road or toll highway.
(b) As used in this subsection (1):
(I) "High occupancy vehicles*' means vehicles that carry at least the number of persons
specified by the transportation commission.
(II) "Public mass transit vehicles'* means vehicles other than charter or sightseeing
vehicles that:
(A) Are operated by or under contract with the regional transportation district created
pursuant to article 9 of title 32, C.R.S., or a regional transportation authority created
pursuant to part 6 of article 4 of this title; and
(B) Provide regular and continuing general or special transportation to the public.
(c) In determining whether a reduced toll may be imposed on high occupancy vehicles
and public mass transit vehicles, the transportation commission shall ensure that the reduced
toll does not limit or preclude a toll road or toll highway company's:
(1) Recovery of the costs associated with operations, toll collection, and administration;
and
(II) Repayment of the company's capital outlay costs for the project and recovery of a
reasonable return on the company's investment.
(2) State and local law enforcement authorities are authorized to enter into traffic and
toll enforcement agreements with a toll road or toll highway company. Any funds received
by a state law enforcement authority pursuant to a toll enforcement agreement shall be
subject to annual appropriations by the general assembly to the law enforcement authority
for the purpose of performing its duties pursuant to the agreement.
(3) A toll road or toll highway company may adopt rules pertaining to the enforcement
of toll collection and evasion and providing a civil penalty for toll evasion. The civil penalty
established by a toll road or toll highway company for any toll evasion shall be not less than
ten dollars nor more than two hundred fifty dollars, in addition to any costs imposed by a
court. A company may use state of the art technology, including but not limited to automatic
vehicle identification photography, to aid in the collection of tolls and enforcement of toll
violations. The use of state of the art technology to aid in enforcement of toll violations shall
be governed solely by this section.
(4) (a) Any person who evades a toll established by a toll road or toll highway
company shall be subject to the civil penalty established by that company for toll evasion.
Any peace officer as described in section 16-2.5-101, C.R.S., shall have the authority to
issue civil penalty assessments or municipal summons and complaints if authorized
pursuant to a municipal ordinance for the toll evasion.
(b) At any time that a person is cited for toll evasion, the person operating the motor
vehicle involved shall be given either a notice in the form of a civil penalty assessment
notice or a municipal summons and complaint. If a civil penalty assessment is issued, the
notice shall be tendered by a peace officer as described in section 16-2.5-101, C.R.S., and
shall contain the name and address of the person, the license number of the motor vehicle
involved, the number of the person's driver's license, the nature of the violation, the amount
of the penalty prescribed for the violation, the date of the notice, a place for the person to
execute a signed acknowledgment of the person's receipt of the civil penalty assessment
notice, a place for the person to execute a signed acknowledgment of liability for the cited
violation, and such other information as may be required by law to constitute the notice as
a complaint to appear for adjudication of toll evasion pursuant to this section if the
prescribed toll, fee, and civil penalty are not paid within twenty days. Every cited person
shall execute the signed acknowledgment of the person's receipt of the civil penalty
assessment notice.
(c) The acknowledgment of liability shall be executed at the time the cited person pays
the prescribed penalty. The person cited shall pay the toll, fee, and civil penalty authorized
by the toll road or toll highway company involved at the office of the company, either in
person or by postmarking the payment within twenty days of the citation. If the person cited
does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the
43-3-302 Transportation Title 43 - page 140
civil penalty assessment notice shall constitute a complaint to appear for adjudication of toll
evasion in court or in an administrative toll enforcement proceeding, and the person cited
shall, within the time specified in the civil penalty assessment notice, file an answer to this
complaint in the manner specified in the notice.
(d) If a municipal summons and complaint is issued, the adjudication of the violation
shall be conducted and the format of the summons and complaint shall be determined
pursuant to the terms of the municipal ordinance authorizing issuance of such a summons
and complaint. In no case shall the penalty upon conviction for violation of a municipal
ordinance for toll evasion exceed the limit established in subsection (3) of this section.
(5) (a) The respective courts of the municipalities, counties, and cities and counties are
given jurisdiction to try all cases arising under municipal ordinances and state laws
governing the use of a toll road or toll highway operated by a toll road or toll highway
company and arising under the toll evasion civil penalty regulations enacted by a toll road
or toll highway company. Venue for such cases shall be in the municipality, county, or city
and county where the alleged violation of municipal ordinance or state law or of the
corporate regulation occurred.
(b) At the request of the judicial department, a toll road or toll highway company shall
consider establishing an administrative toll enforcement process and may, by resolution,
adopt rules creating such a process. The rules pertaining to the administrative enforcement
of toll evasion shall require notice to the person cited for toll evasion and provide to the
person an opportunity to appear at an open hearing conducted by an impartial hearing
officer and a right to appeal the final administrative determination of toll evasion to the
county court for the county in which the violation occurred.
(c) If a toll road or toll highway company establishes an administrative toll enforcement
process, no court of a municipality, county, or city and county shall have jurisdiction to hear
toll evasion cases arising on a public highway operated by the company.
(d) A toll evasion case may be adjudicated by an impartial hearing officer in an
administrative hearing conducted pursuant to this section and the rules promulgated by a
toll road or toll highway company. The hearing officer shall be an independent contractor
of the toll road or toll highway company.
(e) A toll road or toll highway company may file a certified copy of an order imposing
a toll, fee, and civil penalty mat is entered by the hearing officer in an adjudication of a toll
evasion with the clerk of the county court in the county in which the violation occurred at
any time after the order is entered. The clerk shall record the order in the judgment book
of the court and enter it in the judgment docket. The order shall have the effect of a
judgment of the county court, and the court may execute the order as in the other cases.
(f) An administrative adjudication of a toll evasion by a toll road or toll highway
company is subject to judicial review. The administrative adjudication may be appealed as
to matters of law and fact to the county court for the county in which the violation occurred.
The appeal shall be a review of the record of the administrative adjudication and not a de
novo hearing.
(g) Notwithstanding the specific remedies provided by this section, a toll road or toll
highway company shall have every remedy available under the law to enforce unpaid tolls
and fees as debts owed to the toll road or toll highway company.
(6) The aggregate amount of penalties, exclusive of court costs, collected as a result of
civil penalties imposed pursuant to rules authorized in subsection (3) of this section shall be
remitted to the toll road or toll highway company in whose name the civil penalty
assessment notice was issued and shall be applied by the company to defray the costs and
expenses of enforcing the laws of the state and the rules of the company. If a municipal
summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the
terms of any enforcement agreement.
(7) (a) In addition to the penalty assessment procedure provided for in subsection (4)
of this section, where an instance of toll evasion is evidenced by automatic vehicle
identification photography or other technology not involving a peace officer, a civil penalty
assessment notice may be issued and sent by first-class mail, or by any mail delivery service
offered by an entity other than the United States postal service that is equivalent to or
superior to first-class mail with respect to delivery speed, reliability, and price, by the toll
Title 43 - page 141 Special Highway Construction 43-3-302
road or toll highway company to the registered owner of the motor vehicle involved. The
notice shall contain the name and address of the registered owner of the vehicle involved,
the license number of the vehicle involved, the time and location of the violation, the
amount of the penalty prescribed for the violation, a place for the registered owner of the
vehicle to execute a signed acknowledgment of liability for the cited violation, and such
other information as may be required by law to constitute the notice as a complaint to
appear for adjudication of a toll evasion civil penalty assessment. The registered owner of
the vehicle involved in a toll evasion shall be liable for the toll, fee, and civil penalty
imposed by the company, except as otherwise provided by paragraph (b) of this subsection
(7).
(b) In addition to any other liability provided for in this section, the owner of a motor
vehicle who is engaged in the business of leasing or renting motor vehicles is liable for
payment of a toll evasion violation civil penalty; except that, at the discretion of the owner:
(I) The owner may obtain payment for a toll evasion violation civil penalty from the
person or company who leased or rented the vehicle at the time of the toll evasion through
a credit or debit card payment and forward the payment on to the toll road or toll highway
company; or
(II) The owner may seek to avoid liability for a toll evasion violation civil penalty if the
owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time
of the toll evasion violation, the vehicle was leased or rented to another person. To avoid
liability for payment, the owner of the motor vehicle shall, within thirty days after receipt
of the notification of the toll evasion violation, furnish to the toll road or toll highway
company an affidavit containing the name, address, and state driver's license number of the
person or company who leased or rented the vehicle. As a condition to avoid liability for
payment of a toll evasion violation civil penalty, any person or company who leases or rents
motor vehicles to a person shall include a notice in the leasing or rental agreement stating
that, pursuant to the requirements of this section, the person renting or leasing the vehicle
is liable for payment of a toll evasion violation civil penalty incurred on or after the date
the person renting or leasing the vehicle takes possession of the motor vehicle. The notice
shall inform the person renting or leasing the vehicle that the person's name, address, and
state driver's license number shall be furnished to the toll road or toll highway company
when a toll evasion violation civil penalty is incurred during the term of the lease or rental
agreement.
(c) If the prescribed penalty is not paid within twenty days, in order to ensure that
adequate notice has been given, a toll road or toll highway company shall send a second
penalty assessment notice by certified mail, return receipt requested, or by any mail delivery
service offered by an entity other than the United States postal service that is equivalent to
or superior to certified mail, return receipt requested, with respect to receipt verification and
delivery speed, reliability, and price, containing the same information as is specified in
paragraph (a) of this subsection (7). The notice shall specify that the registered owner of the
vehicle may pay the same penalty assessment at any time prior to the scheduled hearing. If
the registered owner of the vehicle does not pay the prescribed toll, fee, and civil penalty
within twenty days of the notice, the civil penalty assessment notice shall constitute a
complaint to appear for adjudication of a toll evasion in court or in an administrative toll
enforcement proceeding and the registered owner of the vehicle shall, within the time
specified in the civil penalty assessment notice, file an answer to the complaint in the
manner specified in the notice. If the registered owner of the vehicle fails to pay in full the
outstanding toll, fee, and civil penalty set forth in the notice or to appear and answer the
notice as specified in the notice, the registered owner of the vehicle shall be deemed to have
admitted liability and to have waived the right to a hearing, and a final order of liability in
default against the registered owner of the vehicle may be entered.
(8) A court with jurisdiction in a toll evasion case pursuant to paragraph (a) of
subsection (5) of this section or a toll road or toll highway company with jurisdiction in a
toll evasion case pursuant to paragraph (b) of subsection (5) of this section may report to
the department of revenue any outstanding judgment or warrant or any failure to pay the
toll, fee, and civil penalty for any toll evasion. Upon receipt of a certified report from a court
or a toll road or toll highway company stating that the owner of a registered vehicle has
43-3-303 Transportation Title 43 - page 142
failed to pay a toll, fee, and civil penalty resulting from a final order entered by the toll road
or toll highway company, the department shall not renew the vehicle registration of the
vehicle until the toll, fee, and civil penalty are paid in full. The toll road or toll highway
company shall contract with and compensate a vendor approved by the department for the
direct costs associated with the nonrenewal of a vehicle registration pursuant to this
subsection (8). The department has no authority to assess any points against a license under
section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.
Source: L. 2006: Entire part R&RE, p. 1770, § 3, effective June 6.
43-3-303. Toll roads must be kept in repair. It is the duty of all owners or operators
of roads upon which tolls are charged to keep their roads in good repair at all points, and
the condition of the roads shall be determined by the grade thereof and the season of the
year in which they are used.
Source: L. 2006: Entire part R&RE, p. 1775, § 3, effective June 6.
Editor's note: This section is similar to former § 43-3-313 as it existed prior to 2006.
43-3-304. Noncompete agreements. A toll road or toll highway company may not
enter into a noncompete agreement with a public entity if the agreement would degrade an
existing roadway or either delay or prevent the construction or upgrading of a road or
highway that is included in the fiscally constrained regional transportation plan required by
section 43-1-1103 (1) or the fiscally constrained comprehensive statewide transportation
plan required by section 43-1-1103 (5).
Source: L. 2006: Entire part R&RE, p. 1775, § 3, effective June 6.
PART 4
TOLL TUNNELS
43-3-401. Legislative declaration. To improve highway transportation between the
east and west slopes of Colorado and to enhance the designation of a national interstate and
defense highway connecting U.S. highway 87 in Colorado with U.S. Highway 91 in Utah,
the construction and operation of motor vehicle tunnels are authorized as provided in this
part 4.
Source: L. 57: p. 642, § 1. CRS 53: § 120-15-1. C.R.S. 1963: § 120-15-1.
43-3-402. Powers and duties of transportation commission. The transportation
commission is authorized to take all steps and adopt all proceedings and to make and enter
into contracts or agreements with other states, the United States, or any of its agencies,
instrumentalities, or departments, necessary or incidental to the performance of its duties
and the execution of its powers under this part 4; but any contract relating to the financing,
construction, or operation of a toll or free tunnel provided for under this part 4 shall be
approved by the governor before the same becomes effective.
Source: L. 57: p. 642, § 2. CRS 53: § 120-15-2. C.RJS. 1963: § 120-15-2. L. 91:
Entire section amended, p. 1118, § 176, effective July 1.
43-3-403. Authority to construct tunnels. (1) The transportation commission is
authorized to have constructed any tunnels between the east and west slopes of the state of
Colorado for highway purposes as follows:
(a) In the event the state of Colorado receives a designation of an east-west national
defense and interstate highway across the state of Colorado from the United States bureau
Title 43 - page 143 Special Highway Construction 43-3-410
of public roads, the transportation commission may have constructed along the route of such
highway such tunnels as shall be determined jointly by the United States bureau of public
roads and the transportation commission; but the cost of such tunnels shall be borne by the
state of Colorado and the United States in such proportions as may be agreed upon between
the transportation commission and the United States bureau of public roads.
(b) Repealed.
(2) The transportation commission may, with the approval of the governor, enter into
a contract with a private individual, firm, or corporation for the construction, maintenance,
and operation of one or more tunnels.
Source: L. 57: p. 643, § 3. CRS 53: § 120-15-3. CJLS. 1963: § 120-15-3. L. 91:
Entire section amended, p. 1118, § 177, effective July 1. L. 2002: (l)(b) repealed, p. 872,
§ 12, effective August 7. L. 2003: (2) amended, p. 2004, § 75, effective May 22.
43-3-404. Anticipation warrants. (Repealed)
Source: L. 57: p. 644, § 4. CRS 53: § 120-15-4. C.R£. 1963: § 120-15-4. L. 89:
(1) amended, p. 1133, § 80, effective July 1. L. 91: (3) amended, p. 1119, § 178, effective
July 1. L. 2003: (3) amended, p. 2004, § 76, effective May 22. L. 2005: Entire section
repealed, p. 291, § 48, effective August 8.
43-3-405. Interest - terms - public sale. (Repealed)
Source: L. 57: p. 644, § 5. CRS 53: § 120-15-5. CJLS. 1963: § 120-15-5. L. 91:
(2) to (5) amended, p. 1119, § 179, effective July 1. L. 2005: Entire section repealed, p.
292, § 49, effective August 8.
43-3-406. Warrants lawful investments. (Repealed)
Source: L. 57: p. 646, § 6. CRS 53: § 120-15-6. CJLS. 1963: § 120-15-6. L. 89:
Entire section amended, p. 1133, § 78, effective July 1. L. 2005: Entire section repealed,
p. 293, § 50, effective August 8.
43-3-407. Cessation in office not to affect signature. (Repealed)
Source: L. 57: p. 646, § 7. CRS 53: § 120-15-7. C.R.S. 1963: § 120-15-7. L. 2005:
Entire section repealed, p. 293, § 51, effective August 8.
43-3-408. Sinking fund and transfer from state highway fund. (Repealed)
Source: L. 57: p. 647, § 8. CRS 53: § 120-15-8. C.RJS. 1963: § 120-15-8. L. 91:
Entire section amended, p. 1121, § 180, effective July 1. L. 2005: Entire section repealed,
p. 293, § 52, effective August 8.
43-3-409. Redemption procedures. (Repealed)
Source: L. 57: p. 647, § 9. CRS 53: § 120-15-9. C.RJS. 1963: § 120-15-9. L. 91:
Entire section amended, p. 1121, § 181, effective July 1. L. 2005: Entire section repealed,
p. 294, § 53, effective August 8.
43-3-410. Highway revenue law not amended or repealed - when - rank of
lien. (Repealed)
Source: L. 57: p. 647, § 10. CRS 53: § 120-15-10. C.RJS. 1963: § 120-15-10.
L. 91: Entire section amended, p. 1121, § 182, effective July 1. L. 2005: Entire section
repealed, p. 294, § 54, effective August 8.
43-3-41 1 Transportation Title 43 - page 144
43-3-411. Warrants - obligations limited to highway fund - not state indebted-
(Repealed)
Source: L. 57: p. 648, § 11. CRS 53: § 120-15-11. C.RJS. 1963: § 120-15-11.
L. 91: Entire section amended, p. 1122, § 183, effective July 1. L. 2005: Entire section
repealed, p. 294, § 55, effective August 8.
43-3-412. No derogation of powers. (Repealed)
Source: L. 57: p. 648, § 12. CRS 53: § 120-15-12. C.R.S. 1963: § 120-15-12.
L. 91: Entire section amended, p. 1122, § 184, effective July 1. L. 2005: Entire section
repealed, p. 295, § 56, effective August 8.
43-3-413. Fees, fares, tolls - contracts. (1) Upon the completion of the construction
of such toll or free tunnel, the transportation commission has the power to establish and
collect fees, fares, and tolls for the privilege of traveling through such tunnel and over the
approaches thereto, and to credit all such fees, fares, and tolls and all income, however
derived therefrom, to the payment of the maintenance and operation of said tunnel.
(2) In the event the commission shall, by contract as provided in section 43-3-403 (1),
authorize the construction, maintenance, and operation of such tunnel by a private person,
firm, or corporation, such contractor shall be reimbursed for the cost of such construction,
maintenance, and operation together with a reasonable profit thereon only from fees, fares,
and tolls to be charged by such contractor for the privilege of traveling through such tunnel
and over the approaches thereto. All such schedules or amendments to schedules containing
fees, fares, and tolls to be charged by such contractor shall be approved by the commission
before the same become effective. Said contract shall also provide for the duration thereof
and for such limitations, obligations, and duties in connection with the construction,
maintenance, and operation of such tunnel as the commission may determine to be
advisable.
(3) The commission has the power to adopt such rules and regulations governing the
use of said tunnel, whether or not such tunnel was constructed and operated by the
commission or by a private person, firm, or corporation, as the commission may determine
to be advisable, and the commission shall exercise such other powers and authority as may
be necessary or convenient to the practical and full operation and use of such tunnel.
Source: L. 57: p. 648, § 13. CRS 53: § 120-15-13. C.R.S. 1963: § 120-15-13.
L. 91: (1) amended, p. 1122, § 185, effective July 1. L. 2005: (1) amended, p. 295, § 57,
effective August 8.
43-3-414. Vesting powers in transportation commission. This part 4 shall, without
reference to any other statute, be deemed full authority for the construction of a tunnel under
contract with, pursuant to design ordered or prepared by, and under the sole direction of the
transportation commission. All the powers necessary to be exercised by the transportation
commission in order to carry out the provisions of mis part 4 are conferred by this article.
Source: L. 57: p. 649, § 14. CRS 53: § 120-15-14. C.R.S. 1963: § 120-15-14.
L. 91: Entire section amended, p. 1122, § 186, effective July 1. L. 2005: Entire section
amended, p. 295, § 58, effective August 8.
43-3-415. Transfer of assets. (Repealed)
Source: L. 57: p. 649, § 15. CRS 53: § 120-15-15. C.R.S. 1963: § 120-15-15.
L. 2005: Entire section repealed, p. 295, § 59, effective August 8.
Title 43 - page 145 Financing
43-3-416. Notice of investment opportunity. (Repealed)
43-3-416
Source: L. 98: Entire section added, p. 444, § 4, effective August S. L. 2001: (l)(a)
amended, p. 1286, § 77, effective June 5. L. 2005: Entire section repealed, p. 295, § 60,
effective August 8.
Cross references: For the legislative declaration contained in the 1998 act enacting this section, see
section 1 of chapter 154, Session Laws of Colorado 1998.
FINANCING
ARTICLE 4
Financing
PARTI
LONG-RANGE HIGHWAY PROGRAM
43-4-101 to
43-4-113.
(Repealed)
PART 2
cie-
HIGHWAY USERS TAX FUND
43-4-201. Highway users tax fund
ated.
43-4-202. Definitions.
43-4-203. Sources of revenue.
43-4-204. Appropriation.
43-4-205. Allocation of fund
43-4-206. State allocation.
43-4-207. County allocation.
43-4-208. Municipal allocation.
43-4-209. Withholding municipal alloca-
tions.
43-4-210. Estimated county allocations.
43-4-211. Estimated municipal alloca-
tions.
43-4-212. Payment of balances.
43-4-213. Forfeiture of funds.
43-4-214. Future municipalities eligible.
43-4-215. Allocation of funds to cities
and towns as unincorporated
territory - when. (Repealed)
43-4-216. Liability unaffected.
PART 3
HIGHWAY ANTICIPATION WARRANTS
43-4-301. Legislative declaration.
43-4-302. Powers of commission - con-
tracts approval.
43-4-303. Anticipation warrants - issu-
ance - sale - fund. (Repealed)
43-4-304. Interest - terms - public sale.
(Repealed)
43-4-305. Warrants legal investments.
(Repealed)
43-4-306. Signatures validated. (Re-
pealed)
43-4-307. Sinking fund. (Repealed)
43-4-308. Redemption. (Repealed)
43-4-309. Warrant obligations. (Re-
pealed)
43-4-310. Obligation only from highway
fund. (Repealed)
43-4-311. Authority not in derogation of
existing powers. (Repealed)
43-4-312. Full authority. (Repealed)
43-4-313. Authorization. (Repealed)
43-4-314. Highway building fund obliga-
tions unaffected. (Repealed)
43-4-315. Legislative declaration. (Re-
pealed)
43-4-316. Additional powers. (Repealed)
43-4-317. Execution. (Repealed)
43-4-318. Legal investments. (Repealed)
PART 4
LAW ENFORCEMENT ASSISTANCE
FUND FOR THE PREVENTION
OF DRUNKEN DRIVING
43-4-401. Fund created.
43-4-402. Source of revenues - allocation
of moneys.
43-4-403. Drunken driving prevention
and law enforcement pro-
gram - minimum require-
ments.
43-4-404. Formula for allocation of mon-
eys.
PART 5
PUBLIC HIGHWAY AUTHORITY LAW
43-4-501.
Short title.
43-4-502.
Legislative declaration.
43-4-503.
Definitions.
43-4-504.
Creation of authorities.
43-4-505.
Board of directors.
43-4-506.
Powers of the authority - inclu-
Transportation
Title 43 - page 146
43-4-506.5.
43-4-507.
43-4-508.
43-4-509.
43-4-510.
43-4-511.
43-4-512.
43-4-513.
43-4-514.
43-4-515.
sion or exclusion of property
- determination of public
highway alignment.
Traffic laws - toll collection.
Local improvement districts.
Value capture areas.
Bonds.
Cooperative powers.
Powers of governmental units.
Referendum.
Notice - opportunity for com-
ment.
Notice - coordination of infor-
mation - reports.
Successor to prior entity - as-
sumption of obligations and
liabilities - action for manda-
mus or injunctive relief.
43-4-516. Agreement of the state not to
limit or alter rights of obli-
gees.
43-4-517. Investments.
43-4-518. Bonds eligible for investment.
43-4-519. Exemption from taxation - se-
curities laws.
43-4-520. No action maintainable.
43-4-521. Termination of revenue-raising
powers.
43-4-522. Judicial examination of pow-
ers, acts, proceedings, or
contracts of an authority.
PART 6
REGIONAL TRANSPORTATION
AUTHORITY LAW
43-4-601.
43-4-602.
43-4-603.
43-4-604.
43-4-605.
43-4-605.5.
43-4-606.
43-4-607.
43-4-607.5.
43-4-608.
43-4-609.
43-4-610.
43-4-611.
43-4-612.
43-4-613.
Short title.
Definitions.
Creation of authorities.
Board of directors.
Powers of the authority - inclu-
sion or exclusion of property
- determination of regional
transportation system align-
ment - fund created - repeal.
Preservation of state highway
funding - legislative declara-
tion.
Establishment of regional
transportation activity enter-
prises.
Traffic laws - toll collection.
Streetscape enhancements - lo-
cal and private authority.
Local improvement districts.
Bonds.
Cooperative powers.
Powers of governmental units.
Referendum.
Notice - opportunity for com-
ment.
43-4-614. Notice - coordination of infor-
mation.
43-4-615. Agreement of the state not to
limit or alter rights of obli-
gees.
43-4-616. Investments.
43-4-617. Bonds eligible for investment.
43-4-618. Exemption from taxation - se-
curities laws.
43-4-619. No action maintainable.
43-4-620. Judicial examination of pow-
ers, acts, proceedings, or
contracts of an authority.
43-4-621. Calculation of fiscal year
spending limit - first full fis-
cal year's spending as base.
PART 7
TRANSPORTATION REVENUE
ANnCIPAnON NOTES
43-4-701.
Legislative declaration.
43-4-702.
Definitions.
43-4-703.
Submission of ballot question
regarding issuance of trans-
portation revenue anticipa-
tion notes.
43-4-704.
Powers of executive director.
43-4-705.
Revenue anticipation notes.
43-4-706.
Financial obligations subject to
annual budget allocation.
43-4-707.
Note proceeds.
43-4-708.
Investments.
43-4-709.
Powers of political subdivi-
sions.
43-4-710.
Notes legal investments.
43-4-711.
Exemption from taxation.
43-4-712.
No action maintainable.
43-4-713.
Annual reports.
43-4-714.
Priority of strategic transporta-
tion project investment pro-
gram.
43-4-715.
Construction of part.
PART 8
FUNDING ADVANCEMENT FOR
SURFACE TRANSPORTATION AND
ECONOMIC RECOVERY
43-4-801.
43-4-802.
43-4-803.
43-4-804.
43-4-805.
Short title.
Legislative declaration.
Definitions.
Highway safety projects - sur-
charges and fees - crediting
of moneys to highway users
tax fund.
Statewide bridge enterprise -
creation - board - funds -
powers and duties - reporting
requirements - legislative
declaration.
Title 43 - page 147
Financing
43-4-201
43-4-806. High-performance transporta- 43-4-811.
tion enterprise - creation -
board - funds - powers and 43-4-812.
duties - limitations - report-
ing requirements - legislative 43-4-813.
declaration.
43-4-807. Bonds - investments - bonds
eligible for investment and
exempt from taxation.
43-4-808. Toll highways - special provi-
sions - limitations.
43-4-809. Enterprises - applicability of
other laws.
43-4-810. Fees and surcharges - limita- 43-4-901
dons on use.
Transit and rail division - fund-
ing for local transit grants.
Use of user fees for transit -
legislative declaration.
Transportation deficit report -
annual reporting require-
ment
PART 9
HIGH-VISIBILITY DRUNK
DRIVING LAW ENFORCEMENT
High-visibility drunk driving
law enforcement.
PARTI
LONG-RANGE HIGHWAY PROGRAM
43-4-101 to 43-4-113. (Repealed)
Source: L. 96: Entire part repealed, p. 467, § 12, effective April 23.
Editor's note: This part 1 was numbered as article 7 of chapter 120, C.R.S. 1963. For
to this part 1 prior to its repeal in 1996, consult the Colorado statutory research explanatory note and
the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973
beginning on page vii in the front of this volume.
PART 2
HIGHWAY USERS TAX FUND
43-4-201. Highway users tax fond - created. (1) (a) The highway users tax fund is
hereby created in the state treasurer's office.
(b) The unrestricted year-end balance of the highway users tax fund, created pursuant
to paragraph (a) of this subsection (1), for the 1991-92 fiscal year shall constitute a reserve,
as defined in section 24-77-102 (12), C.R.S., and, for purposes of section 24-77-103,
C.R.S.:
(1) Any moneys credited to the highway users tax fund in any subsequent fiscal year
shall be included in state fiscal year spending, as defined in section 24-77-102 (17), C.R.S.,
for such fiscal year; and
(II) Any transfers or expenditures from the highway users tax fund in any subsequent
fiscal year shall not be included in state fiscal year spending, as defined in section 24-77-102
(17), C.R.S., for such fiscal year.
(2) Repealed.
(3) (a) (I) The general assembly shall not make any annual appropriation (whether by
regular, special, or supplementary appropriation) or any statutory distribution from the
highway users tax fund for any purpose or purposes in a total amount that is:
(A) More than twenty-three percent of the net revenue of said fund for the prior fiscal
year;
(B) Commencing in the fiscal year 1995-96, and ending in the fiscal year 2012-13,
more than a six percent increase over the appropriation to the department of public safety
for the Colorado state patrol and to the department of revenue for the ports of entry division
for the prior fiscal year; except in fiscal years 2009-10, 2010-11, and 2011-12, more than
a six percent increase over the appropriation to the department of public safety for the
Colorado state patrol, to the department of revenue for the ports of entry division, and to the
43-4-201 Transportation Title 43 - page 148
department of revenue for the division of motor vehicles pursuant to sub-subparagraph (C)
of subparagraph (HI) of this paragraph (a) for the prior fiscal year; or
(C) Commencing in the fiscal year 2013-14, more than a six percent increase over the
appropriation to the Colorado state patrol for the prior fiscal year.
(1.1) Commencing with the fiscal year 1995-96, the general assembly shall not make
any annual appropriation or statutory distribution from the highway users tax fund pursuant
to this paragraph (a), except to the department of public safety for the Colorado state patrol
or, through the fiscal year 2011-12 only, to the department of revenue for the ports of entry
section, that exceeds the annual appropriation or statutory distribution for all purposes
except the Colorado state patrol and the ports of entry division for the fiscal year 1994-95.
(II) The general assembly shall not make any annual appropriation or statutory distri-
bution from the highway users tax fund except as follows:
(A) To the office of transportation safety;
(B) To the transportation development division;
(C) To the department of labor and employment for costs related to the oil inspection
program;
(D) To the department of personnel for costs related to telecommunications support;
(E) To the department of corrections for costs related to the production of license plates
by the division of correctional industries;
(F) To the department of revenue for highway-related programs, including capital
construction costs;
(G) To me department of public safety for highway-related programs, including capital
construction costs;
(H) Repealed.
(I) To the department of personnel for costs related to the salaries and benefits of the
departments or programs listed in sub-subparagraphs (A) to (G) of this subparagraph (II);
(J) To the department of local affairs for the provision of disaster emergency services
that relate to the transportation of hazardous materials.
(K)to(M) Repealed.
(IE) (A) and (B) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, § 9,
effective May 1, 2009.)
(C) The general assembly shall not make any annual appropriation or statutory distri-
bution from the highway users tax fund for the fiscal year 1997-98 or for any succeeding
fiscal year authorized by subparagraph (H) of this paragraph (a), excluding the annual
appropriation or statutory distribution to the Colorado state patrol and, through the fiscal
year 2011-12 only, the ports of entry section and excluding any appropriation to the
department of revenue for the fiscal years 2008-09, 2009-10, 2010-11, and 2011-12, for
expenses incurred in connection with the administration of article 2 of title 42, C.R.S., by
the division of motor vehicles within the department.
(D) For any annual appropriation or statutory distribution authorized by subparagraph
(IT) of this paragraph (a) but not funded from the highway users tax fund, the general
assembly shall determine the amount necessary to be expended for those purposes and shall
make an annual appropriation as necessary from the general fund.
(IV) In addition to any other allocations required by this article, there shall be allocated
from the highway users tax fund on or after July 31 for fiscal year 1995-96 and each
succeeding fiscal year an amount equal to that not annually appropriated or statutorily
distributed pursuant to sub-subparagraph (C) of subparagraph (III) of this paragraph (a).
The moneys shall be allocated in accordance with the provisions of section 43-4-205 (6) (b).
(V) Notwithstanding any other provision in this section, the general assembly may
make an annual appropriation or statutory distribution from the highway users tax fund to
the department of revenue for the data collection services provided for under section
39-27-109.7, C.R.S.
(b) The balance of net revenues shall be paid to the state highway fund, counties, and
municipalities pursuant to sections 43-4-206 to 43-4-208.
(c) Any additional moneys in the highway users tax fund which are made available for
distribution as a result of the limitation on appropriations or statutory distributions from the
highway users tax fund imposed by paragraph (a) of this subsection (3) shall be allocated
in accordance with the provisions of section 43-4-205 (6) (b).
Title 43 - page 149 Financing 43-4-203
Source: L. 53: p. 502, § 1. CRS 53: § 120-12-1. C.R.S. 1963: § 120-12-1. L. 65: p.
928, § 2. L. 79: (3) added, p. 1604, § 1, effective July 1. L. 39, 1st Ex. Sess.: (3)(c)
added, p. 63, § 18, effective August 1. L. 90: (3)(a) amended, p. 1828, § 1, effective July
1. L. 91: (3)(aXII)(I) amended, p. 1018, § 1, effective May 16; (3)(a)(II)(A) and
(3)(a)0IXB) amended, p. 1126, § 199, effective July 1. L. 92: (3)(a)(II)(H) and (3XaXnXI)
amended and (3)(a)(nXJ) added, p. 1043, § 11, effective March 12. L. 93: (1) amended,
p. 1510, § 12, effective June 6. L. 95: (3)(aXIXB) amended and (3Xa)(Ll), (3Xa)(m), and
(3Xa)(IV) added, p. 1299, § 1, effective June 5; (3)(a)(ID(D) amended, p. 668, § 111,
effective July 1. L. 96: (3)(a)(I.l), (3Xa)(mXB), and (3Xa)(m)(C) amended, p. 1552,
§ 14, effective July 1. L. 98: (3)(a)(II)(I), (3)(a)(H)(J), and (3)(a)(III)(C) amended and
(3)(a)(IIXK) added, p. 1061, § 4, effective June 1; (3Xa)(V) added, p. 1040, § 13, July 1.
L. 2000: (3)(a)(V) amended, p. 1938, § 21, effective October 1. L. 2003: (3Xa)(I)(B)
amended and (3)(a)(n)(L) added, pp. 6, 7, §§ 1, 2, effective March 5; (2) and (3)(a)(n)(H)
repealed, p. 1700, § 8, effective May 14; (3Xa)(I)(B) and (3)(a)(III)(C) amended and
(3)(aXIIXM) added, pp. 1485, 1486, §§ 1, 3, 2, effective July 1. L. 2004: (3Xa)(II)(K)
amended, p. 1212, § 104, effective August 4. L. 2005: (3)(a)(I)(B), (3)(a)(n)(M), and
(3)(aXIIIXC) amended, p. 1509, § 1, effective June 9; (3)(aXIXB), (3)(a)(II)(M), and
(3)(aXIIIXC) amended, p. 18, § 4, effective July 1. L. 2006: (3)(a)(II)(K) amended, p.
1515, § 83, effective June 1. L. 2009: IP(3)(a)(I), (3)(aXIXB), (3)(aXIIIXA),
(3)(aXIIIXB), (3)(a)(III)(C), and (3Xa)(IV) amended, (SB 09-274), ch. 210, p. 955, § 9,
effective May 1. L. 2010: (3)(a)(IIIXC) amended, (HB 10-1387), ch. 205, p. 890, § 8,
effective May 5. L. 2011: (3)(aXI)(B) and (3)(a)(m)(C) amended, (HB 11-1161), ch. 64, p.
166, § 1, effective March 25. L. 2012: (3Xa)(I)(B), (3)(a)(Ll), and (3)(a)(m)(C) amended
and (3)(a)(D(C) added, (HB 12-1019), ch. 135, p. 473, § 25, effective July 1.
Editor's note: (1) Amendments to subsections (3)(a)(I)(B), (3)(a)(n)(M), and (3)(a)(ffl)(C) by
House Bill 05-1196 and House Bill 05-1008 were harmonized
(2) Subsection (3)(a)(II)(L) provided for the repeal of subsection (3)(a)(II)(L), effective July 1,
2006. (See L. 2003, p. 7.)
(3) Subsection (3)(a)(II)(M) provided for the repeal of subsection (3)(a)(H)(M), effective July 1,
2005. (See L. 2003, p. 1486.)
(4) Subsection (3)(a)(H)(K) provided for the repeal of subsection (3)(a)(H)(K), effective July 1,
2007. (See L. 2004, p. 1212.)
43-4-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Net revenue" means the amount derived from a tax or fee after paying refunds.
(2) Repealed.
Source: L. 53: p. 502, § 2. CRS 53: § 120-12-2. C.R£. 1963: § 120-12-2. L. 79:
(1) amended, p. 1604, § 2, effective July 1. L. 80: (2) added, p. 729, § 31, effective May
1. L. 85: (2) repealed, p. 288, § 8, effective May 23. L. 87: (1) amended, p. 1555, § 5,
effective July 1.
43-4-203. Sources of revenue. (1) All net revenue from the following sources shall
be paid into and credited to the highway users tax fund as soon as received:
(a) From the imposition of any excise tax on motor fuel;
(b) From the imposition of annual registration fees on drivers, motor vehicles, trailers,
and semitrailers, except as provided in section 42-3-304 (19), C.R.S.;
(c) From the imposition of passenger-mile taxes on vehicles or any fee or payment
substituted therefor;
(d) Repealed.
(e) From interest or income earned on the deposit and investment of moneys in the
fund.
Source: L. 53: p. 502, § 3. CRS 53: § 120-12-3. C.RJS. 1963: § 120-12-3. L. 77;
(l)(d) added, p. 1887, § 2, effective June 9. L. 89: (lXd) repealed, p. 1600, § 23, effective
43-4-204 Transportation Title 43 - page 150
January 1, 1990; (l)(c) amended, p. 1600, § 21, effective July 1, 1993. L. 2001: (l)(b)
amended, p. 1022, § 8, effective June 5. L. 2005: (l)(e) added, p. 139, § 1, effective April
5; (l)(b) amended, p. 1184, § 38, effective August 8.
Cross references: For the legislative declaration contained in the 2001 act amending subsection
(l)(b), see section 1 of chapter 278, Session Laws of Colorado 2001.
43-4-204. Appropriation. All moneys in the highway users tax fund are appropriated
for the acquisition of rights-of-way for, and the construction, engineering, safety, recon-
struction, improvement, repair, maintenance, and administration of, the state highway
system, the county highway systems, the city street systems, and other public roads and
highways of the state in accordance with the provisions of this part 2.
Source: L. 53: p. 502, § 4. CRS 53: § 120-12-4. C.R.S. 1963: § 120-12-4. L. 65: p.
929, § 3.
43-4-205. Allocation of fund. ( 1 ) The moneys in the highway users tax fund shall be
apportioned monthly. The apportionment may be made by the state treasurer based upon
estimates from the department of revenue on current monthly collections of highway users
taxes, with monthly reconciliation of the state, county, and municipal accounts in each
successive month. The department of revenue shall provide estimates to the state treasurer
by the seventh working day of each month. The state treasurer shall apportion the funds
within five working days of receiving estimates from the department of revenue.
(2) to (4) Repealed.
(5) Revenues raised by the excise tax imposed on gasoline and special fuel pursuant to
sections 39-27-102 and 39-27-102.5, C.R.S., equal to the first seven cents per gallon of such
tax shall be placed in the highway users tax fund to be allocated as follows:
(a) Sixty-five percent of such revenue shall be paid to the state highway fund and shall
be expended as provided in section 43-4-206.
(b) Twenty-six percent of such revenue shall be paid to the county treasurers of the
respective counties, subject to annual appropriation by the general assembly, and shall be
allocated and expended as provided in section 43-4-207.
(c) Nine percent of such revenue shall be paid to cities and incorporated towns within
the limits of the respective counties, subject to annual appropriation by the general
assembly, and shall be allocated and expended as provided in section 43-4-208 (2).
(5.5) The following highway users tax fund revenues shall be allocated and expended
in accordance with the formula specified in subsection (5) of this section:
(a) Revenues from fines, penalties, or forfeitures that are credited to the fund pursuant
to sections 18-4-509 (2) (a), 39-27-102 (9) (c), 39-27-104 (1) (g) (IH), 42-1-217 (1) (a), (1)
(b), (1) (d), (1) (e), and (2), 42-4-225 (3), and 42-4-235 (2) (a), C.R.S.;
(b) Revenues from motor vehicle license plate, identification plate, and placard fees
mat are credited to the fund pursuant to section 42-4-202 (4) (d) and article 3 of title 42,
C.R.S.;
(c) Revenues from driver's license fees, motor vehicle title and registration fees, and
motorist insurance identification fees that are credited to the fund pursuant to sections
42-2-132 (4) (b), 42-3-304 (18) (d) (I), and 42-3-306 (6) and (7), C.R.S.;
(d) Revenues from the imposition of passenger-mile taxes on vehicles, any additional
penalties or interest imposed thereon, or any fee or payment substituted therefor that is
imposed pursuant to sections 42-3-304 (13), 42-3-306 (11) (a) and (11) (b), and 42-3-308
(5), C.R.S., and credited to the fund pursuant to section 43-4-203 (1) (c);
(e) Revenues from sales of abandoned motor vehicles that are credited to the fund
pursuant to sections 42-4-1809 (2) (d) and 42-4-2108 (2) (c), C.R.S.;
(f) Revenues from fees that are credited to the fund pursuant to section 42-3-311 (1),
C.R.S., and that exceed the amount of appropriations made from the fund pursuant to those
sections for the purpose of defraying specified administrative expenses;
Title 43 - page 151 Financing 43-4-205
(g) Revenues from interest or income earned on the deposit and investment of moneys
in the fund; and
(h) Revenues from any source that are credited to the fund, but not to any specific
account within the fund, the allocation and expenditure of which is not otherwise specified
by law.
(6) Revenues raised by the excise tax imposed on gasoline and special fuel pursuant to
sections 39-27-102 and 39-27-102.5, C.R.S., in excess of seven cents per gallon of tax, shall
be placed in the highway users tax fund to be allocated as follows; except that revenues
raised by the excise tax imposed on gasoline in excess of eighteen cents per gallon of tax
shall be allocated according to the provisions of paragraph (b) of this subsection (6):
(a) Sixteen percent of such revenue shall be deposited in a special account within the
highway users tax fund until July 1, 1997, and shall be expended only for highway bridge
repair, replacement, or posting, pursuant to provisions of paragraph (a) of subsection (7) of
this section.
(b) The remaining balance of such revenue shall be expended only for improvements
to highways within die state, including new construction, safety improvements, mainte-
nance, and capacity improvements. No moneys shall be expended for administrative
purposes. Such revenue shall be allocated as follows:
(I) Sixty percent of such revenue shall be paid to the state highway fund and shall be
expended as provided in section 43-4-206.
(II) Twenty-two percent of such revenue shall be paid to the county treasurers of the
respective counties, subject to annual appropriation by the general assembly, and shall be
allocated and expended as provided in section 43-4-207.
(III) Eighteen percent of such revenue shall be paid to the cities and incorporated
towns, subject to annual appropriation by the general assembly, and shall be allocated and
expended as provided in section 43-4-208 (2) (b) and (6) (a).
(6.3) Revenues from the surcharges, fees, and fines credited to the highway users tax
fund pursuant to section 43-4-804 (1) shall be allocated and expended in accordance with
the formula specified in paragraph (b) of subsection (6) of this section.
(6.5) (a) The revenues accrued to and transferred to the highway users tax fund
pursuant to section 39-26-123 (4) (a) or 24-75-219, C.R.S., or appropriated to the highway
users tax fund pursuant to House Bill 02-1389, enacted during the second regular session
of the sixty-third general assembly, shall be paid to the state highway fund for allocation to
the department of transportation and shall be expended as provided in section 43-4-206 (2).
(b) Repealed.
(c) (Deleted by amendment, L. 2005, p. 296, § 61, effective August 8, 2005.)
(d) Repealed.
(6.6) (Deleted by amendment, L. 2009, (SB 09-228), ch. 410, p. 2270, § 24, effective
July 1, 2009.)
(7) (a) Revenues accumulated in the special account for highway bridges, as provided
in paragraph (a) of subsection (6) of this section, shall be allocated at least once each year
among state, counties, and municipal highway systems based on total cost needs under the
criteria developed by means of die most current report of the federal bridge inventory
program. For the fiscal year commencing on July 1, 1981, the allocation shall be determined
in accordance with needs developed by October 1, 1981. In subsequent fiscal years, the
allocation shall be determined in accordance with needs reports available on January 1,
1982, and January 1 of each subsequent year, with the allocation amounts to be effective on
July 1 of each year. After allocation of the state share of the special bridge account, the share
for the counties and municipalities shall be allocated, subject to annual appropriation by the
general assembly, based upon need as determined by the special highway committee which
shall be composed of four representatives each from counties and municipalities. Alloca-
tions to local governments shall require a minimum of twenty percent of local matching
funds from revenues other than the special bridge account within the highway users tax
fund.
(b) Not later than July 1 , 1997, the general assembly shall review the needs of this state
for highway bridge repair, replacement, or posting and shall determine if the fund, as
provided in paragraph (a) of subsection (6) of this section, should be continued. If said fund
43-4-206 Transportation Title 43 - page 152
is not continued, the balance of revenues in said fund shall be allocated in accordance with
the provisions of paragraph (b) of subsection (6) of this section.
(8) to (12) Repealed.
(13) All of the additional revenues which are credited to the highway users tax fund as
a result of the enactment of House Bill No. 1012 at the first extraordinary session of the
fifty-seventh general assembly, shall be expended only for improvements to highways
within the state, including new construction, safety improvements, maintenance, and
capacity improvements. No moneys shall be expended for administrative purposes.
Source: L. 53: p. 503, § 5. CRS 53: § 120-12-5. C.R.S. 1963: § 120-12-5. L. 65: p.
929, § 4. L. 75: (2) amended, p. 1575, § 1, effective March 26. L. 79: (3) and (4) added,
pp. 1470, 1471, § 2, effective July 1. L. 81: (5) to (7) added, p. 1895, § 5, effective June
19. L. 84: (1) amended, p. 1026, § 3, effective March 16. L. 86: (6)(a) and (7)(b)
amended, p. 1211, § 1, effective April 3; (2.5) added and IP(6)(b) amended, pp. 1120, 1134,
§§ 21, 11, effective July 1. L. 87: (3) and (4) repealed and (8) to (12) added, pp. 1558,
1554, 1555, §§ 10, 3, effective July 1. L. 88: (2.5) repealed, p. 1434, § 24, effective June
11. L. 89, 1st Ex. Sess.: (13) added, p. 67, § 27, effective August 1. L. 90: IP(6)
amended, p. 1829, § 2, effective July 1. L. 92: (6)(a) and (7)(b) amended, p. 1341, § 1,
effective March 24. L. 93: (2), (5)(b), (5)(c), (6)(b)(U), (6)(b)(m), and (7)(a) amended, p.
1516, § 20, effective June 6. L. 95: (2) amended, p. 1300, § 2, effective June 5. L. 97:
(6.5) added, p. 1533, § 2, effective July 1. L. 98: (6.5)(b) amended, p. 906, § 4, effective
May 26. L. 99: (6.5)(b) repealed, p. 562, § 2, effective May 7. L. 2000: IP(5) and IP(6)
amended, p. 1938, § 22, effective October 1; (6.5)(a) amended and (6.5)(c) added, p. 1361,
§ 47, effective July 1, 2001; (6.5)(a) amended and (6.5)(d) added, p. 1428, § 4, effective
July 1, 2001. L. 2002: (6.5)(a) and IP(6.5)(c) amended, p. 146, § 3, effective March 27;
(6.6) added, p. 738, § 8, effective August 7; (6.6) added, p. 718, § 8, effective August 7.
L. 2003: (2) repealed, p. 1701, § 9, effective May 14. L. 2005: (5.5) added, p. 139, § 2,
effective April 5; (6.5)(a) and (6.5)(c) amended, p. 296, § 61, effective August 8. L. 2006:
(5.5)(b), (5.5)(c), (5.5)(d), and (5.5)(f) amended, p. 1515, § 84, effective June 1; (6.5)(a)
amended, p. 1604, § 6, effective July 2. L. 2007: (5.5)(b) amended, p. 1574, § 11,
effective July 1. L. 2009: (6.3) added, (SB 09-108), ch. 5, p. 55, § 18, effective March 2;
(5.5)(f) amended, (SB 09-274), ch. 210, p. 957, § 10, effective May 1; (6.5)(a) and (6.6)
amended, (SB 09-228), ch. 410, p. 2270, § 24, effective July 1. L. 2010: (5.5)(c) amended
and (6.5)(d) repealed, (SB 10-212), ch. 412, pp. 2040, 2032, §§ 22, 1, effective July 1.
L. 2011: (6.5)(a) amended, (HB 11-1303), ch. 264, p. 1183, § 114, effective August 10.
Editor's note: (1) Subsection (12) provided for the repeal of subsections (8) to (12), effective
July 1, 1991. (See L. 87, p. 1554.)
(2) Amendments to subsection (6.5)(a) by House Bill 00-1227 and Senate Bill 00-011 were
harmonized.
(3) Section 6 of chapter 297, Session Laws of Colorado 2000, as amended by section 1 of chapter
168, Session Laws of Colorado 2001, provides that subsections (6.5)(a) and (6.5)(d) apply in any
fiscal year in which the legislative council certifies to the executive director of the department
pursuant to § 24-75-216 that there is anticipated to be sufficient excess state revenue.
43-4-206. State allocation. (1 ) Except as otherwise provided in subsection (2) of this
section, after paying the costs of the Colorado state patrol and such other costs of the
department, exclusive of highway construction, highway improvements, or highway main-
tenance, as are appropriated by the general assembly, sixty-five percent of the balance of the
highway users tax fund shall be paid to the state highway fund and shall be expended for
the following purposes:
(a) The state highway fund shall be subject to the sinking fund and bond lien provided
by part 2 of article 3 of this title.
(b) Except as otherwise provided in subsection (2) of this section, all moneys in the
state highway fund not required for the creation, maintenance, and application of such
highway anticipation or sinking fund and all moneys in the state highway supplementary
fund shall be available to pay for:
Title 43 - page 153 Financing 43-4-206
(1) All salaries, wages, and necessary traveling and other expenses of all persons
connected with the department of transportation;
(II) All equipment, furniture, and supplies for officers, division offices, and laboratories
as may be established by the chief engineer of the highway operations and maintenance
division;
(HI) All incidental office expenses, including telegraph, telephone, postal, express
charges, and expenses for printing, stationery, and advertising and for the publication of the
quarterly bulletin;
(IV) All machines, tools, or other equipment necessary for the furtherance of the work
of the department of transportation and also land and buildings for the housing and use of
the same;
(V) The construction, reconstruction, repairs, improvement, planning, supervision, and
maintenance of the state highway system and other public highways, including any county
and municipal roads and highways, together with the acquisition of rights-of-way and
access rights for the same;
(V.5) Repealed.
(V.7) (A) The payment of statewide indirect costs in accordance with section 43-1-1 13
(8).
(B) (Deleted by amendment, L. 2005, p. 297, § 62, effective August 8, 2005.)
(VI) All land damages incurred by reason of establishing, opening, altering, relocating,
widening, or abandoning portions of any part of the state highway system;
(VH) The payment of just compensation for advertising devices required to be removed
under the provisions of section 43-1-414 (2).
(2) (a) Notwithstanding the provisions of subsection (1) of this section, the revenues
accrued to and transferred to the highway users tax fund pursuant to section 39-26-123 (4)
(a) or 24-75-219, C.R.S., or appropriated to the highway users tax fund pursuant to House
Bill 02-1389, enacted at the second regular session of the sixty-third general assembly, and
credited to the state highway fund pursuant to section 43-4-205 (6.5) shall be expended by
the department of transportation for the implementation of the strategic transportation
project investment program in the following manner:
(I) No more than ninety percent of such revenues shall be expended for highway
purposes or highway-related capital improvements, including, but not limited to, high
occupancy vehicle lanes, park-and-ride facilities, and transportation management systems,
and at least ten percent of such revenues shall be expended for transit purposes or for
transit-related capital improvements.
(H) (Deleted by amendment, L. 2000, p. 1741, § 1, effective June 1, 2000.)
(b) Beginning in 1998, the department of transportation shall report annually to the
transportation committee of the senate and the transportation and energy committee of the
house of representatives concerning the revenues expended by the department pursuant to
paragraph (a) of this subsection (2). The report shall be presented at the joint meeting
required under section 43-1-113 (9) (a) and shall describe for each fiscal year, if applicable:
(I) The projects on which the revenues credited to the state highway fund pursuant to
paragraph (a) of this subsection (2) are to be expended, including the estimated cost of each
project, the aggregate amount of revenue actually spent on each project, and the amount of
revenue allocated for each project in such fiscal year. The department of transportation shall
submit a prioritized list of such projects as part of the report
(II) The status of such projects that the department has undertaken in any previous
fiscal year;
(III) The projected amount of revenue that the department expects to receive under this
subsection (2) during such fiscal year;
(IV) The amount of revenue that the department has already received under this
subsection (2) during such fiscal year; and
(V) How the revenues expended under this subsection (2) during such fiscal year relate
to the total funding of the strategic transportation project investment program.
(c) Beginning with the 1997-98 fiscal year, the department of transportation shall report
annually to the joint budget committee at the department's hearing to review the depart-
ment's budget request. The report shall contain for each fiscal year, if applicable, the
43-4-207 Transportation Title 43 - page 154
reporting requirements specified in subparagraphs (I) to (V) of paragraph (b) of this
subsection (2).
(d) Repealed.
(3) Notwithstanding the provisions of subsection (1) of this section, the revenues
credited to the highway users tax fund pursuant to section 43-4-205 (6.3) shall be expended
by the department of transportation only for road safety projects, as defined in section
43-4-803 (21); except that the department shall, in furtherance of its duty to supervise state
highways and as a consequence in compliance with section 43-4-810, expend ten million
dollars per year of the revenues for the planning, designing, engineering, acquisition,
installation, construction, repair, reconstruction, maintenance, operation, or administration
of transit-related projects, including, but not limited to, designated bicycle or pedestrian
lanes of highway and infrastructure needed to integrate different transportation modes
within a multimodal transportation system, that enhance the safety of state highways for
transit users.
Source: L. 53: p. 503, § 6. CRS 53: § 120-12-6. C.R.S. 1963: § 120-12-6. L. 65: p.
930, § 5. L. 71: p. 1135, § 5. L. 79: IP(l)(b) amended, p. 1608, § 1, effective May 18;
IP(1) amended, p. 1471, § 3, effective July 6; IP(1) amended, p. 1667, § 141, effective July
19. L. 85: (l)(b)(VH) amended, p. 1371, § 48, effective June 28. L. 87: IP(1) amended,
p. 1556, § 6, effective July 1; (l)(b)(V.5) added, p. 1548, § 3, effective July 3.
L. 89, 1st Ex. Sess.: (l)(b)(V) amended, p. 66, § 23, effective August l.L. 91: (l)(b)(I),
(l)(b)(H), (l)(b)(IV), and (l)(b)(V.5) amended and (l)(b)(V.7) added, p. 1127, § 200,
effective July 1. L. 93: IP(1) amended, p. 1798, § 108, effective June 6. L. 97: IP(1) and
IP(l)(b) amended and (2) added, p. 1533, § 3, effective July 1. L. 98: (2)(d) amended, p.
906, § 5, effective May 26. L. 99: (2)(d) repealed, p. 562, § 3, effective May 7. L. 2000:
(2)(a) amended, p. 1741, § 1, effective June 1. L. 2002: IP(2)(a) amended, p. 146, § 4,
effective March 27; (2)(a)(I) amended, p. 738, § 9, effective August 7; (2)(a)(I) amended,
p. 718, § 9, effective August 7. L. 2003: IP(1) amended, p. 1702, § 12, effective May 14.
L. 2005: (l)(a) and (l)(b)(V.7)(B) amended, p. 297, § 62, effective August 8. L. 2006:
IP(2)(a) amended, p. 1604, § 7, effective July 2. L. 2009: (3) added, (SB 09-108), ch. 5,
p. 55, § 19, effective March 2; IP(2)(a) amended, (SB 09-228), ch. 410, p. 2270, § 25,
effective July 1.
Editor's note: Subsection (l)(b)(V.5)(B) provided for the repeal of subsection (l)(b)(V.5), effective
July 1, 1992. (See L. 91, p. 1126.)
43-4-207. County allocation, (1) After paying the costs of the Colorado state patrol
and such other costs of the department, exclusive of highway construction, highway
improvements, or highway maintenance, as are appropriated by the general assembly,
twenty-six percent of the balance of the highway users tax fund shall be paid to the county
treasurers of the respective counties, subject to annual appropriation by the general
assembly, and shall be allocated and expended as provided in this section. The moneys thus
received shall be allocated to the counties as provided by law and shall be expended by the
counties only on the construction, engineering, reconstruction, maintenance, repair, equip-
ment, improvement, and administration of the county highway systems and any other public
highways, including any state highways, together with acquisition of rights-of-way and
access rights for the same and for no other purpose; except that moneys received pursuant
to section 43-4-205 (6.3) shall be expended by the counties only for road safety projects, as
defined in section 43-4-803 (21). The amount to be expended for administrative purposes
shall not exceed five percent of each county* s share of the funds available.
(2) For the fiscal year commencing July 1, 1989, and each fiscal year thereafter, for the
purpose of allocating moneys in the highway users tax fund to the various counties
throughout the state, the following method is hereby adopted:
(a) (I) The first sixty-nine million seven hundred thousand dollars or any portion
thereof shall be allocated to the counties in such a manner that each county receives the
same allocation that it received for the fiscal year 1987-88.
Title 43 - page 155 Financing 43-4-207
(II) The next seventeen million dollars or any portion thereof shall be allocated to the
following seventeen counties in the following percentages: Adams, 9.5718; Alamosa,
1.1598; Arapahoe, 12.6560; Boulder, 7.3571; Douglas, 3.5148; El Paso, 13.0552; Jefferson,
14.9666; La Plata, 2.0733; Larimer, 7.9978; Lincoln, 1.8866; Logan, 2.0334; Mesa, 4.3285;
Morgan, 2.9915; Otero, 1.6843; Pueblo, 4.6096; Rio Grande, 1.3384; and Weld, 8.7753.
(b) All moneys credited to the fund in excess of eighty-six million seven hundred
thousand dollars shall be allocated to the counties in the following manner:
(J) Fifteen percent shall be allocated to the counties in proportion to the rural motor
vehicle registration in each county. The term "rural motor vehicle registration*' includes all
passenger, truck, truck-tractor, and motorcycle registrations in unincorporated portions of
the county. The number of registrations used in computing the percentage shall be those
certified to the state treasurer by the department of revenue as constituting the rural motor
vehicle registration for the last preceding year.
(II) Fifteen percent shall be allocated to the counties in proportion to the county wide
motor vehicle registration in each county. The term "countywide motor vehicle registra-
tion" includes all passenger, truck, truck-tractor, and motorcycle registrations in unincor-
porated portions of the county and in cities and incorporated towns. The number of
registrations used in computing the percentage shall be those certified to the state treasurer
by the department of revenue as constituting the countywide motor vehicle registration for
the last preceding year.
(HI) Sixty percent shall be allocated to counties in proportion to the adjusted lane miles
of open, used, and maintained county roads in each county, excepting mileage of state
highways and municipal streets. A lane mile shall be measured by each ten-foot width of
traveled roadway surface, or fractional lane mile thereof. The adjusted lane miles shall be
determined by applying to the existing lane miles of county roads in each county a factor
of difficulty. The lane miles, the adjusted lane miles, and the factor representing the
difficulty of construction and maintenance in the various counties in the state by reason of
terrain shall be determined by the department of transportation as provided in paragraphs
(c), (d), and (e) of this subsection (2).
(IV) Ten percent shall be allocated to counties in proportion to the square feet of bridge
deck for bridges greater than twenty feet in length in each county, as certified by the
department of transportation.
(c) The percentage of area in each county classified as "plains", "plains rolling and
irrigated", and "mountainous" shall be determined from an accredited topographical map.
The department of transportation shall also classify the percentage of "paved" roads in each
county. To the percentage indicated "plains" a factor of 1.00 shall be applied. To the
percentage indicated "plains rolling and irrigated" a factor of 1.75 shall be applied. To the
percentage indicated "mountainous" a factor of 3.00 shall be applied. To the percentage
indicated "paved" roads a factor of 1.5 shall be applied.
(d) The department of transportation, prior to July 1 of each year, shall certify to the
state treasurer the lane mile figures, as of December 31 of the preceding year, of the several
counties, and the state treasurer shall use such lane mile figures for the current fiscal year
as the basis for the allocation mentioned in this subsection (2).
(e) The county clerk and recorder in each county shall certify to the department of
revenue the number of motor vehicle licenses issued during the preceding calendar year to
persons residing within the limits of a county and whether or not such persons reside in
cities, incorporated towns, or in unincorporated portions of the county. Upon receipt of the
information certified by the respective county clerk and recorders, the department of
revenue shall tabulate the total number of all motor vehicle licenses issued during the
preceding calendar year to persons residing within the limits of the respective counties in
the entire state and within the limits of each city or incorporated town within the respective
counties. The department of revenue shall then determine the percentage that the rural
motor vehicle registration in each county bears to the total rural motor vehicle registration
in the entire state and shall then determine the percentage that the countywide motor vehicle
registration in each county bears to the total countywide rural and urban motor vehicle
registration in the entire state. On or before May 1 of each year, the department of revenue
43-4-208 Transportation Title 43 - page 156
shall certify to the state treasurer the percentage of motor vehicle registration for each
county as provided in this paragraph (e).
(3) For the purpose of this section, the city and county of Denver and the city and
county of Broomfield shall not be considered as counties.
Source: L. 53: p. 503, § 7. CRS 53: § 120-12-7. L. 59: p. 646, § 1. C.R.S. 1963:
§ 120-12-7. L. 65: p. 930, § 6. L. 71: p. 1137, § 1. L. 78: (2)(b) amended, p. 525, § 1,
effective July 1. L. 79: (1) amended, p. 1471, § 4, effective July 6; (1) amended, p. 1667,
§ 142, effective July 19. L. 87: (1) amended, p. 1556, § 7, effective July 1. L. 89: (2)
R&RE, p. 1632, § 1, effective August 1. L. 89, 1st Ex. Sess.: (1) amended, p. 66, § 24,
effective August 1. L. 90: (2)(b)(m) amended, p. 1829, § 3, effective July 1. L. 91:
(2)(b)(m), (2)(b)(IV), (2)(c), and (2)(d) amended, p. 1127, § 201, effective July 1. L. 93:
(1) amended, p. 1518, § 22, effective June 6. L. 2000: (2)(b)(I), (2)(b)(II), and (2)(e)
amended, p. 1652, § 49, effective June 1. L. 2001: (3) amended, p. 273, § 29, effective
November 15. L. 2003: (1) amended, p. 1703, § 13, effective May 14. L. 2009: (1)
amended, (SB 09-108), ch. 5, p. 55, § 20, effective March 2.
Editor's note: Amendments to subsection (1) by Senate Bill 93-74 and House Bill 93-1342 were
harmonized.
43-4-208. Municipal allocation. (1) After paying the costs of the Colorado state
patrol and such other costs of the department, exclusive of highway construction, highway
improvements, or highway maintenance, as are appropriated by the general assembly, and
making allocation as provided by sections 43-4-206 and 43-4-207, the remaining nine
percent of the highway users tax fund shall be paid to the cities and incorporated towns
within the limits of the respective counties, subject to annual appropriation by the general
assembly, and shall be allocated and expended as provided in this section. Each city
treasurer shall account for the moneys thus received as provided in this part 2. Moneys so
allocated shall be expended by the cities and incorporated towns for the construction,
engineering, reconstruction, maintenance, repair, equipment, improvement, and adminis-
tration of the system of streets of such city or incorporated town or of any public highways
located within such city or incorporated town, including any state highways, together with
the acquisition of rights-of-way and access rights for the same, and for no other purpose;
except that moneys paid to the cities and incorporated towns pursuant to section 43-4-205
(6.3) shall be expended by the cities and incorporated towns only for road safety projects,
as defined in section 43-4-803 (21). The amount to be expended for administrative purposes
shall not exceed five percent of each city's share of the funds available.
(2) For the purpose of allocating moneys in the highway users tax fund to the various
cities and incorporated towns throughout the state, the following method is adopted:
(a) Eighty percent shall be allocated to the cities and incorporated towns in proportion
to the adjusted urban motor vehicle registration in each city and incorporated town. The
term "urban motor vehicle registration" includes all passenger, truck, truck-tractor, and
motorcycle registrations. The number of registrations used in computing the percentage
shall be those certified to the state treasurer by the department of revenue as constituting the
urban motor vehicle registration for the last preceding year. The adjusted registration shall
be computed by applying a factor to the actual number of such registrations to reflect the
increased standards and costs of construction resulting from the concentration of vehicles
in cities and incorporated places. For this purpose the following table of actual registration
numbers and factors shall be employed:
Actual registration Factor
1 — 500 1.0
501 — 1,250 1.1
1,251 — 2,500 1.2
2,501 — 5,000 1.3
5,001 — 12,500 1.4
43 - page 1
57
]
-
12,501
___
25,000
25,001
—
50,000
50,001
—
85,000
85,001
—
130,000
130,001
—
185,000
185,001 and
over
Financing 43-4-208
1.5
1.6
1.7
1.8
1.9
2.0
(b) Twenty percent shall be allocated to the cities and incorporated towns in proportion
to the mileage of open, used, and maintained streets in each city and incorporated town,
excepting the mileage of state highways.
(3) The department of transportation, prior to July 1 of each year shall certify to the
state treasurer the mileage figures as of December 31 of the preceding year of the several
cities and incorporated towns within the state, and the state treasurer shall use such mileage
figures for the current fiscal year as the basis for the allocation mentioned.
(4) The county clerk and recorder in each county shall certify to the department of
revenue the number of motor vehicle licenses issued during the preceding calendar year to
persons residing within the limits of each city and incorporated town within the county.
Upon receipt of this information certified by the respective county clerks and recorders, the
department of revenue shall tabulate the total number of all motor vehicle licenses issued
during the preceding calendar year to persons residing within the limits of the respective
cities and incorporated towns in the entire state. The department of revenue shall apply the
factor provided in subsection (2) (a) of this section by registration groupings to the urban
motor vehicle registration of each city and incorporated town to determine an adjusted
urban motor vehicle registration and shall then determine the percentage that the urban
motor vehicle registration in each city and incorporated town bears to the total adjusted
urban motor vehicle registration in the entire state. On or before May 1 of each year, the
department of revenue shall certify to the state treasurer the percentage of adjusted urban
motor vehicle registration for each city and incorporated town as provided in this subsection
(4).
(5) For the purpose of this section, the city and county of Denver and the city and
county of Broomfleld shall be considered as cities.
(6) (a) In addition to the provisions of subsection (2) (a) of this section, on or after July
1, 1979, eighty percent of all additional funds becoming available to cities and incorporated
towns from the highway users tax fund pursuant to sections 24-75-215, C.R.S., and
43-4-205 (6) (b) QS5) shall be allocated to the cities and incorporated towns in proportion
to the adjusted urban motor vehicle registration in each city and incorporated town. The
term "urban motor vehicle registration", as used in this section, includes all passenger,
truck, truck-tractor, and motorcycle registrations. The number of registrations used in
computing the percentage shall be those certified to the state treasurer by the department of
revenue as constituting the urban motor vehicle registration for the last preceding year. The
adjusted registration shall be computed by applying a factor to the actual number of such
registrations to reflect the increased standards and costs of construction resulting from the
concentration of vehicles in cities and incorporated places. For this purpose the following
table of actual registration numbers and factors shall be employed:
Actual registration Factor
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1
— 500
501
— 1,250
1,251
— 2,500
2,501
— 5,000
5,001
— 12,500
12,501
— 25,000
25,001
— 50,000
50,001
— 85,000
85,001
— 125,000
125,001
— 165,000
Transportation
165,001
— 205,000
205,001
— 245,000
245,001
— 285,000
285,001
— 325,000
325,001
— 365,000
365,001
— 405,000
405,001
— 445,000
445,001
— 485,000
485,001
— 525,000
525,001
— 565,000
565,001
— 605,000
43-4-209 Transportation Title 43 - page 158
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
3.0
(b) The share allocated to the city and county of Denver shall be the amount determined
by applying the applicable factors set forth in paragraph (a) of this subsection (6) and
paragraph (b) of subsection (2) of this section.
(c) Repealed.
Source: L. 53: p. 505, § 8. CRS 53: § 120-12-8. L. 59: p. 648, § 2. C.R.S. 1963:
§ 120-12-8. L. 65: p. 930, § 7. L. 71: p. 1137, § 2. L. 77: (1) amended, p. 1937, § 1,
effective May 26. L. 79: (1) amended, p. 1471, § 5, effective July 6; (1) amended and (6).
added, p. 1606, §§ 1, 2, effective July 6. L. 81: (6)(c) R&RE, p. 1897, § 6, effective June
19. L. 85: (6)(c) repealed, p. 1271, § 12, effective May 30. L. 87: (1) and (6)(a) amended,
p. 1556, § 8, effective July 1. L. 89, 1st Ex. Sess.: (1) amended, p. 67, § 25, effective
August 1. L. 91: (3) amended, p. 1128, § 202, effective July 1. L. 93: (1) amended, pp.
1518, 1799, §§ 23, 109, effective June 6. L. 2000: (2)(a), (4), and (6)(a) amended, p. 1653,
§ 50, effective June 1. L. 2001: (5) amended, p. 273, § 30, effective November 15.
L. 2003: (1) amended, p. 1703, § 14, effective May 14. L. 2009: (1) amended, (SB
09-108), ch. 5, p. 56, § 21, effective March 2.
Editor's note: (1) Amendments to subsection (1) by Senate Bill 79-407 and Senate Bill 79-536
were harmonized.
(2) Amendments to subsection (1) by Senate Bill 93-74 and House Bill 93-1342 were harmo-
nized.
(3) The internal reference in the introductory portion to subsection (6)(a) to § 24-75-215 refers
to that section as it existed prior to its repeal on July 1, 1991.
43-4-209. Withholding municipal allocations. Any highway users tax fund money
withheld by the state treasurer from allocation to any city or incorporated town, for any
reason, shall in no case be withheld for a period to exceed six months from the date that the
payment is to be made. After the six-month period has expired and the municipality has
failed to correct the reason for withholding, the state treasurer shall pay the withheld funds
to the county in which the city or incorporated town from which the funds are withheld is
located, which funds shall be spent on the streets of said city or incorporated town.
Source: L. 53: p. 507, § 9. CRS 53: § 120-12-9. L. 55: p. 750, § 1. C.R.S. 1963:
§ 120-12-9. L. 89, 1st Ex. Sess.: Entire section amended, p. 63, § 20, effective August
1. L. 94: Entire section amended, p. 96, § 2, effective March 18.
43-4-210. Estimated county allocations. In all cases where the state treasurer is
required by law to apportion the moneys in the highway users tax fund to the various
counties, if the number of vehicles registered in any of the counties, excluding vehicles
registered within the limits of a city or incorporated town within the county, is not available
before the state treasurer makes the apportionment provided by law, the state treasurer may
estimate the amount to be paid to any county, and may pay to any county a sum not to
Title 43 - page 159 Financing 43-4-216
exceed seventy-five percent of the amount estimated to be due that county, and shall notify
the county clerk and recorder in writing that the amount paid is an estimate because
registration data is not available.
Source: L. 53: p. 507, § 10. CRS 53: § 120-12-10. C.RJS. 1963: § 120-12-10.
43-4-211. Estimated municipal allocations. In all cases where the state treasurer is
required by law to apportion the moneys in the highway users tax fund to the various cities
and incorporated towns within the state, if the number of vehicles registered in any of the
cities or incorporated towns is not available before the state treasurer makes the apportion-
ment provided by law, the state treasurer may estimate the amount to be paid to any such
city or incorporated town, and may pay to such city or incorporated town a sum not to
exceed seventy-five percent of the amount estimated to be due to such city or incorporated
town, and shall notify the clerk of the city or incorporated town that the amount paid is an
estimate because registration data is not available.
Source: L. 53: p. 507, § 11. CRS 53: § 120-12-11. C.R.S. 1963: § 120-12-11.
43-4-212. Payment of balances. After the state treasurer has made a payment to a
county, city, or incorporated town based on his estimate, and the number of vehicles
registered in the county, city, or incorporated town is available to the state treasurer, he shall
compute the balance due and pay such balance to each of the counties, cities, or incorpo-
rated towns to which such payments have been made in the same manner as provided in this
part 2.
Source: L. 53: p. 508, § 12. CRS 53: § 120-12-12. C.RJS. 1963: § 120-12-12.
43-4-213. Forfeiture of funds. Where any county, city, or incorporated town receiving
funds from the state treasurer under the provisions of sections 43-4-210 and 43-4-211 fails
to supply the state treasurer with the required information regarding the number of vehicles
registered in said county, city, or incorporated town on or before the thirty-first day of
December of the year following the year during which said registrations were made, the
balance of said funds accruing to the said county, city, or incorporated town shall be deemed
to be forfeited by said county, city, or incorporated town, and said funds shall be returned
to the credit of the highway users tax fund to be reapportioned during the ensuing year in
the manner provided in this part 2.
Source: L. 53: p. 508, § 13. CRS 53: § 120-12-13. C.RJS. 1963: § 120-12-13.
43-4-214. Future municipalities eligible. In cases of cities and towns incorporated
subsequent to January 1, 1954, said cities and towns are entitled to such proportionate share
of the highway users tax fund, subject to the same provisions and limitations as cities and
incorporated towns included in the provisions of this part 2 before said date.
Source: L. 53: p. 508, § 14. CRS 53: § 120-12-14. C.R.S. 1963: § 120-12-14.
43-4-215. Allocation of funds to cities and towns as unincorporated territory -
when. (Repealed)
Source: L. 55: p. 751, § 1. CRS 53: § 120-12-15. CJLS. 1963: § 120-12-15. L. 86:
Entire section repealed, p. 1134, § 12, effective July 1.
43-4-216. Liability unaffected. Nothing in sections 40-4-106 (2), C.R.S., 43-4-201,
43-4-204, 43-4-205, 43-4-206 (1), 43-4-207 (1), and 43-4-208 (1) shall be construed to
affect, change, or modify in any way the existing law of this state concerning the
43-4-301 Transportation Title 43 - page 160
responsibility or liability, if any, of the state or any agency thereof, or of any city, town, city
and county, county, or other political subdivision of the state, or of any person, firm, or
corporation, for any collision, accident, or occurrence at, about, or connected with any
crossing of any public highway or road over the tracks of any railroad or street railway
corporation.
Source: L. 65: p. 931, § 8. C.R.S. 1963: § 120-12-16.
PART 3
HIGHWAY ANTICIPATION WARRANTS
43-4-301. Legislative declaration. Because of the rapid growth of the economy of this
state which has given rise to a greatly increased use of the public highways and roads and
because of the fact that the existing roads and highways are insufficient by reason of the
greatly expanded use of vehicular transportation thereon, it is declared to be the policy and
purpose of the general assembly to make adequate provision for an expanded and improved
network of highways and roads so as to serve properly the needs of the present-day
economy.
Source: L. 55: p. 740, § 1. CRS 53: § 120-11-12. C.R.S. 1963: § 120-11-1.
43-4-302. Powers of commission - contracts approval. The transportation commis-
sion is authorized to enter into contracts with the federal government, the state of Colorado
and any of its institutions and agencies, counties, municipalities, districts, and any other
political subdivisions of the state, and any department, agency, or instrumentality thereof,
or any political or public corporation of the state or with private investors necessary or
incident to the performance of its duties and execution of its powers under this section;
except that any contract relating to the financing of any such construction, improvement,
and reconstruction of highways and bridges shall be approved by the governor before the
same becomes effective.
Source: L. 55: p. 740, § 2. CRS 53: § 120-11-13. C.R.S. 1963: § 120-11-2. L. 73:
p. 1415, § 88. L. 91: Entire section amended, p. 1128, § 203, effective July 1.
43-4-303. Anticipation warrants - issuance - sale - fund. (Repealed)
Source: L. 55: p. 741, § 3. p. 745, § 3. CRS 53: § 120-11-14. C.R.S. 1963: § 120-
11-3. L. 73: p. 1415, § 89. L. 91: Entire section amended, p. 1128, § 204, effective July
1. L. 2005: Entire section repealed, p. 297, § 63, effective August 8.
43-4-304. Interest - terms - public sale. (Repealed)
Source: L. 55: pp. 741, 746, §§ 4, 4. CRS 53: § 120-11-15. L. 57: p. 638, § 1.
C.R.S. 1963: § 120-11-4. L. 91: (2) to (5) amended, p. 1129, § 205, effective July 1.
L. 2005: Entire section repealed, p. 297, § 64, effective August 8.
43-4-305. Warrants legal investments. (Repealed)
Source: L. 55: p. 741, § 5. CRS 53: § 120-11-16. C.R.S. 1963: § 120-11-5.
L. 2005: Entire section repealed, p. 299, § 65, effective August 8.
43-4-306. Signatures validated. (Repealed)
Source: L. 55: p. 742, § 6. CRS 53: § 120-11-17. C.R.S. 1963: § 120-11-6.
L. 2005: Entire section repealed, p. 299, § 66, effective August 8.
Title 43 - page 161 Financing 43-4-315
43-4-307. Sinking fund. (Repealed)
Source: L. 55: p. 742, § 7. CRS 53: § 120-11-18. CJLS. 1963: § 120-11-7. L. 91:
Entire section amended, p. 1130, § 206, effective July 1. L. 2005: Entire section repealed,
p. 299, § 67, effective August 8.
43-4-308. Redemption. (Repealed)
Source: L. 55: p. 742, § 8. CRS 53: § 12CM1-19. L. 57: p. 640, § 2. C.R.S. 1963:
§ 120-11-8. L. 91: Entire section amended, p. 1130, § 207, effective July 1. L. 2005:
Entire section repealed, p. 299, § 68, effective August 8.
43-4-309. Warrant obligations. (Repealed)
Source: L. 55: pp. 742, 748, §§ 9, 5. CRS 53: § 120-11-20. C.R.S. 1963: 120-11-9.
L. 91: Entire section amended, p. 1131, § 208, effective July 1. L. 2005: Entire section
repealed, p. 300, § 69, effective August 8.
43-4-310. Obligation only from highway fund. (Repealed)
Source: L. 55: p. 743, § 10. CRS 53: § 120-11-21. C.R.S. 1963: § 120-11-10.
L. 91: Entire section amended, p. 1131, § 209, effective July 1. L. 2005: Entire section
repealed, p. 300, § 70, effective August 8.
43-4-311. Authority not in derogation of existing powers. (Repealed)
Source: L. 55: p. 743, § 11. CRS 53: § 120-11-22. CJLS. 1963: § 120-11-11. L. 91:
Entire section amended, p. 1131, § 210, effective July 1. L. 2005: Entire section repealed,
p. 300, § 71, effective August 8.
43-4-312. FuD authority. (Repealed)
Source: L. 55: p. 743, § 12. CRS 53: § 120-11-23. C.R.S. 1963: § 120-11-12.
L. 73: p. 1415, § 90. L. 91: Entire section amended, p. 1131, § 211, effective July 1.
L. 2005: Entire section repealed, p. 300, § 72, effective August 8.
43-4-313. Authorization. (Repealed)
Source: L. 55: p. 745, § 2. CRS 53: § 120-11-25. C.R.S. 1963: § 120-11-14. L. 91:
Entire section amended, p. 1132, § 212, effective July 1. L. 2005: Entire section repealed,
p. 301, § 73, effective August 8.
43-4-314. Highway building fund obligations unaffected. (Repealed)
Source: L. 55: p. 748, § 6. CRS 53: § 120-11-26. C.R.S. 1963: § 120-11-15. L. 91:
Entire section amended, p. 1132, § 213, effective July 1. L. 2005: Entire section repealed,
p. 301, § 74, effective August 8.
43-4-315. Legislative declaration. (Repealed)
Source: L. 63: p. 800, § 1. C.R.S. 1963: § 120-11-16. L. 91: Entire section amended,
p. 1132, § 214, effective July 1. L. 2005: Entire section repealed, p. 301, § 75, effective
August 8.
43-4-316 Transportation Title 43 - page 162
43-4-316. Additional powers. (Repealed)
Source: L. 63: p. 800, § 2.C.R.S. 1963: § 120-11-17. L. 89: (l)(c) amended, p. 1600,
§ 22, effective July 1, 1993. L. 91: IP(1), (l)(a), (l)(b), and (l)(c) amended, p. 1132,
§ 215, effective July 1. L. 2005: Entire section repealed, p. 301, § 76, effective August 8.
43-4-317. Execution. (Repealed)
Source: L. 63: p. 801, § 3. C.R.S. 1963: § 120-11-18. L. 2005: Entire section re-
pealed, p. 302, § 77, effective August 8.
43-4-318. Legal investments. (Repealed)
Source: L. 63: p. 801, § 4. C.R.S. 1963: § 120-11-19. L. 89: Entire section amended,
p. 1133, § 79, effective July 1. L. 2005: Entire section repealed, p. 302, § 78, effective
August 8.
PART 4 ,
LAW ENFORCEMENT ASSISTANCE FUND
FOR THE PREVENTION OF DRUNKEN DRIVING
43-4-401. Fund created. The law enforcement assistance fund for the prevention of
drunken driving and the enforcement of laws pertaining to driving under the influence of
alcohol or drugs, referred to in this part 4 as the "fund", is hereby created in the office of
the state treasurer.
Source: L. 82: Entire part added, p. 608, § 15, effective July 1.
43-4-402. Source of revenues - allocation of moneys. (1) The general assembly
shall appropriate moneys annually to the fund in the general appropriation bill. In addition
to any other penalty imposed pursuant to section 42-4-1307, C.R.S., every person who is
convicted of, pleads guilty to, or receives a deferred sentence pursuant to section 18-1.3-
102, C.R.S., for a violation of any of the offenses specified in section 42-4-1301 (1) or (2),
C.R.S., shall be required to pay seventy-five dollars, which shall be deposited into the fund,
and fifteen dollars, which shall be deposited into the county treasury of the county in which
the conviction occurred.
(2) (a) The general assembly shall make an annual appropriation out of the moneys in
the fund to the department of public health and environment in an amount sufficient to pay
for the costs of laboratory services and implied consent specialists, which costs were
previously paid out of the highway users tax fund. Of the moneys remaining in the fund,
eighty percent shall be deposited in a special drunken driving account within the fund,
which account is hereby created, and shall be available immediately, without further
appropriation, for allocation by the transportation commission to the office of transportation
safety, which shall allocate such moneys in accordance with the provisions of section
43-4-404 (1) and (2). The remaining twenty percent shall be appropriated by the general
assembly to the unit in the department of human services that administers behavioral health
programs and services, including those related to mental health and substance abuse, which
shall use such moneys for the purposes stated in section 43-4-404 (3). The office of
transportation safety and the unit in the department of human services that administers
behavioral health programs and services, including those related to mental health and
substance abuse, may use such amounts from the moneys allocated or appropriated to them
by this subsection (2) as may be necessary for the purpose of paying the costs incurred by
the office and the division in administering the programs established pursuant to this part
4; except that neither the office' of transportation safety nor said unit may use for such
purpose an amount which exceeds eight percent of the moneys allocated or appropriated.
Title 43 - page 163 Financing 43-4-404
(b) Repealed.
(3) Notwithstanding any provision of this section to the contrary, on June 30, 2010, the
state treasurer shall transfer the balance of moneys in the fund to the general fund
(4) (a) Notwithstanding any provision of this section to the contrary, on June 30, 201 1 ,
the state treasurer shall transfer the balance of moneys in the fund to the general fund.
(b) Notwithstanding any provision of this section to the contrary, on June 30, 2012, the
state treasurer shall transfer the balance of moneys in the fund to the general fund.
Source: L. 82: Entire part added, p. 608, § 15, effective July 1. L. 83: Entire section
amended, p. 1665, § 1, effective July 15. L. 84: (2) amended, p. 1124, § 41, effective June
7. L. 86: (1) amended, p. 1212, § 1, effective July 1. L. 90: (1) and (2) amended, p. 1829,
§ 4, effective July 1. L. 91: (2) amended, p. 1133, § 216, effective July 1. L. 93: (2)
amended, p. 1126, § 48, effective July 1, 1994. L. 94: (1) amended, p. 2572, § 100,
effective January 1, 1995. L. 2000: (2) amended, p. 262, § 3, effective July 1. L. 2003: (2)
amended, p. 459, § 23, effective March 5. L. 2006: (2Kb) repealed, p. 150, § 39, effective
August 7. L. 2007: (1) amended, p. 2051, § 106, effective June 1. L. 2010: (3) added, (HB
10-1327), ch. 135, p. 451, § 11, effective April 15; (4) added, (HB 10-1388), ch. 362, p.
1717, § 5, effective June 7; (1) amended, (HB 10-1347), ch. 258, p. 1160, § 12, effective
July 1. L. 2011: (2)(a) amended, (HB 11-1303), ch. 264, p. 1184, § 115, effective August
10.
Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see
§§ 24-4.1-119 and 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic
offenses, see §§ 42-4-1301 (7) (g) and 42-4-1301.4 (5); for disposition of fines and surcharges, see
§ 42-1-217.
(2) For the legislative declaration contained in the 1993 act amending subsection (2) of this
section, see section 1 of chapter 230, Session Laws of Colorado 1993.
43-4-403. Drunken driving prevention and law enforcement program -
requirements. Any municipality, city and county, or county which establishes a qualified
program to coordinate efforts to prevent drunken driving and enforce the laws pertaining to
alcohol- and drug-related traffic offenses shall be eligible to receive moneys from the fund.
The minimum requirements for such a qualified program shall be established by rules and
regulations promulgated by the office of transportation safety in the department of trans-
portation, which rules and regulations shall provide for programs, including but not limited
to, programs to educate the public regarding alcohol- and drug-related traffic offenses.
Source: L. 82: Entire part added, p. 609, § 15, effective July 1. L. 91: Entire section
amended, p. 1133, § 217, effective July 1.
43-4-404. Formula for allocation of moneys. (1) The office of transportation safety
shall allocate not less than thirty percent and not more than fifty percent of the moneys
allocated to the office pursuant to section 43-4-402 (2) to counties that have established a
qualified drunken driving prevention and law enforcement program. The intent of the
general assembly is that these moneys be expended in a manner that will improve
enforcement of drunken driving laws. To this end, rules for the distribution of these moneys
shall be developed by the office of transportation safety. The office shall report annually to
the transportation legislation review committee on the distribution and expenditure of these
funds and the nature and purpose of the programs. All moneys appropriated hereunder shall
be used for drunken driving prevention and law enforcement improvement by counties and
not for statewide programs.
(2) The office of transportation safety shall allocate not less than fifty percent and not
more than seventy percent of the moneys to municipalities and city and counties that have
established a qualified drunken driving prevention and law enforcement program. The intent
of the general assembly is that these moneys be expended in a manner that will improve
enforcement of drunken driving laws. To this end, rules for the distribution of these moneys
shall be developed by the office of transportation safety. The office shall report annually to
43-4-501 Transportation Title 43 - page 164
the transportation legislation review committee on the distribution and expenditure of these
funds and the nature and purpose of the programs. All moneys appropriated hereunder shall
be used for drunken driving prevention and law enforcement improvement by municipal-
ities and city and counties and not for statewide programs.
(3) The moneys in the fund appropriated to the unit in the department of human
services that administers behavioral health programs and services, including those related
to mental health and substance abuse, pursuant to section 43-4-402 (2) shall be used to
establish a statewide program for the prevention of driving after drinking, which includes
educating the public in the problems of driving after drinking, training of teachers, health
professionals, and law enforcement in the dangers of driving after drinking, preparing and
disseminating educational materials dealing with the effects of alcohol and other drugs on
driving behavior, and preparing and disseminating education curriculum materials thereon
for use at all levels of school. The unit in the department of human services that administers
behavioral health programs and services, including those related to mental health and
substance abuse, is authorized to contract with a qualified private corporation to provide all
or part of these services and shall promulgate standards for said program.
Source: L. 82: Entire part added, p. 609, § 15, effective July 1. L. 83: (3) amended, p.
396, § 7, effective June 3; entire section amended, p. 1666, § 2, effective June 15. L. 86:
(1) and (2) amended, p. 1212, § 2, effective July 1. L. 91: (1) and (2) amended, p. 1134,
§ 218, effective July 1. L. 93: (3) amended, p. 1126, § 49, effective July 1, 1994. L. 2000:
(1) and (2) amended, p. 262, § 4, effective July 1. L. 2002: (1) and (2) amended, p. 873,
§ 13, effective August 7. L. 2011: (3) amended, (HB 11-1303), ch. 264, p. 1184, § 116,
effective August 10.
Editor's note: Amendments to this section by Senate Bill 83-215 and House Bill 83-1356 were
harmonized.
Cross references: For the legislative declaration contained in the 1993 act amending subsection (3)
of this section, see section 1 of chapter 230, Session Laws of Colorado 1993.
PART 5
PUBLIC HIGHWAY AUTHORITY LAW
43-4-501. Short title. This part 5 shall be known and may be cited as the "Public
Highway Authority Law".
Source: L. 87: Entire part added, p. 1843, § 1, effective August 27.
ANNOTATION
Public highway authority law held consti- (Colo. App. 1994), affd in part and rev'd in part
tutional. The court found that the act did not sub nom. Nicholl v. E-470 Pub. Hwy. Auth., 896
constitute special legislation. Bd. of County P.2d 859 (Colo. 1995).
Comm'rs v. E-470 Pub. Hwy., 881 P.2d 412
43-4-502. Legislative declaration. (1) The general assembly hereby finds, deter-
mines, and declares that:
(a) The necessity for this part 5 results from the large population and population growth
within metropolitan regions in the state, from the significant and growing demand for
construction of beltways within such metropolitan regions to facilitate traffic movement in
such metropolitan regions and the inadequacy of current transportation facilities to meet
that demand, from the division of such metropolitan regions into a variety of incorporated
and unincorporated areas, from the need to coordinate planning and construction of
beltways or other transportation improvements to serve regional needs, and from the limited
availability of state and federal funds for such purposes;
(b) The creation of public highway authorities implements section 1 8 (2) of article XIV
Title 43 - page 165 Financing 43-4-503
of the state constitution and is essential to the continued economic growth of the metro-
politan regions of this state, is in the public interest, and will promote the health, safety, and
welfare of the citizens of this state by securing for them more adequate transportation;
(c) It is the intention of the general assembly that public highway authorities be formed
to finance, construct, operate, or maintain all or a portion of a beltway or other transpor-
tation improvements in a metropolitan region which, because of the cost or the location
thereof in the jurisdiction of more than one municipality or county, cannot feasibly be
financed, constructed, operated, or maintained by a municipality or county acting alone and
that it is not the intention of the general assembly that public highway authorities be formed
to assume, directly or indirectly, the traditional role of counties or municipalities to finance,
construct, operate, or maintain local arterial or collector streets;
(d) It is the intention of the general assembly that a beltway developed pursuant to this
part 5 shall ultimately be supported by tolls and that, therefore, it is the intention of the
general assembly that revenue-raising powers other than tolls, granted by this part 5 to
authorities, counties, and municipalities, shall be terminated at such time as the boards of
the authorities determine that projected tolls will be sufficient to meet the authorities*
obligations to their bondholders and to operate and maintain such beltways or other
transportation improvements.
(2) It is further the intent of the general assembly that no provision of this part 5 shall
affect the "Public School Finance Act of 1973", article 50 of tide 22, C.R.S., the "Public
School Finance Act of 1988", article 53 of title 22, C.R.S., the "Public School Finance Act
of 1994", article 54 of title 22, C.R.S., or any additional school financing mechanisms
adopted by the general assembly.
(3) The general assembly further finds, determines, and declares that it is the intention
of the general assembly that public highway authorities be permitted to qualify as enter-
prises under section 20 of article X of the state constitution. Since the Colorado supreme
court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), determined
that the power to impose taxes is inconsistent with the establishment of a public highway
authority as an "enterprise" under section 20 of article X of the state constitution, those
powers of taxation are hereby eliminated by S.B. 96-173, as enacted at the second regular
session of the sixtieth general assembly.
Source: L. 87: Entire part added, p. 1843, § 1, effective August 27. L. 89: (2) amended,
p. 1647, § 27, effective June 5. L. 96: (3) added, p. 35, § 1, effective March 18. L. 2007:
(2) amended, p. 2051, § 107, effective June 1.
43-4-503. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Authority" means a body corporate and political subdivision of the state created
pursuant to this part 5.
(2) "Board" means the board of directors of an authority.
(3) "Bond" means any bond, note, interim certificate, contract, or other evidence of
indebtedness of an authority authorized by this part 5.
(4) "Combination" means any two or more municipalities, two or more counties, or
one or more municipalities and one or more counties. In addition, "combination" may
include the state to the extent authorized by section 43-4-504 (4).
(5) "Construct" or "construction" means the planning, designing, engineering, acqui-
sition, installation, construction, and reconstruction of public highways.
(6) "County" means any county organized under the laws of the state, including any
city and county.
(7) "Division" means the division of local government in the department of local
affairs.
(8) "Governmental unit" means the state or any political subdivision thereof located in
a metropolitan region, except school districts or authorities.
(9) "Metropolitan region" means an area which is designated a consolidated metro-
politan statistical area by the federal office of management and budget and has a population
in excess of one million persons.
(10) "Municipality" has the same meaning as that provided in section 31-1-101, C.R.S.
43-4-504 Transportation Title 43 - page 166
(11) "Person" means any natural person, corporation, partnership, association, or joint
venture, the United States of America, or any governmental unit.
(12) "Public highway'* means a beltway or other transportation improvement located in
a metropolitan region which shall be an expressway which generally circumscribes a
metropolitan region and will be primarily utilized for major traffic movement at higher
traffic speeds. A public highway may, as the board determines, consist of improvements,
including, but not limited to, paving, grading, landscaping, curbs, gutters, culverts, side-
walks, bikeways, lighting, bridges, overpasses, underpasses, rail crossings, frontage roads,
access roads, interchanges, drainage facilities, mass transit lanes, park-and-ride facilities,
toll collection facilities, service areas, administrative or maintenance facilities, gas, electric,
water, sewer, and other utilities located or to be located in the right-of-way for a public
highway, and other real or personal property, including easements, rights-of-way, and other
interests therein, relating to the financing, construction, operation, or maintenance of a
public highway.
(13) "Revenues" means any tolls, fees, rates, charges, assessments, grants, contribu-
tions, or other income and revenues received by the authority.
(14) "Sales taxes" means, for the purposes of section 43-4-508, county or municipal
sales and use taxes levied and collected within a value capture area.
(15) "State" means the state of Colorado or any of its agencies.
Source: L. 87: Entire part added, p. 1844, § 1, effective August 27. L. 96: (13) and (14)
amended, p. 35, §2, effective March 18. L. 2000: (12) amended, p. 472, § 1, effective
August 2.
43-4-504. Creation of authorities. (1) Any combination may create, by contract, an
authority which shall be authorized to exercise the functions conferred by the provisions of
this part 5 upon the issuance by the director of the division of a certificate stating that the
authority has been duly organized according to the laws of the state. Such certificate shall
be issued by the director upon the filing with him of a copy of the contract by the
combination joining in the creation of the authority and upon a determination by him that
each member of the combination is located in the same metropolitan region. The director
shall cause such certificate to be recorded in the real estate records in each county which has
territory included in the boundaries of the authority. Upon issuance of the certificate by the
director of the division, the authority shall constitute a separate political subdivision and
body corporate of the state and shall have all of the duties, privileges, immunities, rights,
liabilities, and disabilities of a public body politic and corporate.
(2) Any contract establishing an authority shall specify:
(a) The name and purpose of the authority and the public highways to be provided;
(b) The establishment and organization of the board of directors in which all legislative
power of the authority is vested, including:
(I) The number of directors, which shall include at least one elected official from each
member of the combination, except as provided in subsection (4) of this section; except that
all of the directors shall be elected officials from the members of the combination, except
as provided in subsection (4) of this section;
(II) The manner of their appointment, their qualifications, their compensation, if any,
and the procedure for filling vacancies;
(HI) The officers of the authority, the manner of their appointment, and their duties; and
(IV) The voting requirements for action by the board; except that, unless specifically
provided otherwise, a majority of the voting members of the board shall constitute a quorum
and a majority of the quorum shall be necessary for action by the board of directors;
(c) Provisions for the distribution, disposition, or division of assets of the authority;
(d) The boundaries of the authority, which may include territory which, at the time of
designation, is not more than one and one-half miles from the proposed center line of the
public highway to be constructed but which may not include territory outside of the
boundaries of the members of the combination; except that the boundaries of the authority
may not include territory which, at the time the territory is included within the boundaries
of the authority, is located within the boundaries of a municipality, unless such municipality
Title 43 - page 167 Financing 43-4-505
is either a member of the combination or consents to the inclusion of such territory within
the boundaries of the authority;
(e) The term of the contract, which may be for a definite term or until rescinded or
terminated, and the method, if any, by which it may be terminated or rescinded; except that
the contract may not be rescinded so long as the authority has bonds outstanding;
(f) Provisions for amendment of the contract;
(g) Limitations, if any, on the powers granted by this part 5 which may be exercised by
the authority pursuant to this part 5; and
(h) The conditions to be satisfied to add or delete parties to the contract
(3) No municipality or county shall enter into the contract establishing the authority
without holding a hearing thereon. Notice of the time, place, and purpose of the hearing
shall be given by publication in a newspaper of general circulation in the municipality or
county, as the case may be, at least ten days prior to the date of the hearing.
(4) The state, acting by and through the commission and upon the approval of the
governor, may join in the contract creating the authority. The number of members on the
board to which the state shall be entitled shall be established in the contract, but in no case
shall the state be entitled to less than one member of the board. The state member or
members of the board shall be appointed by the governor, with the consent of the senate,
for such term as shall be established by the governor.
(5) The appropriate regional transportation agency, if any, the air quality control
commission, and the regional planning commission, if any, shall each designate a repre-
sentative to serve as nonvoting members of the board.
Source: L. 87: Entire part added, p. 1845, § 1, effective August 27.
43-4-505. Board of directors. (1) (a) All powers, privileges, and duties vested in or
imposed upon the authority shall be exercised and performed by and through the board. The
board, by resolution, may delegate any of the powers of the board to any of the officers or
agents of the board; except that, to ensure public participation in policy decisions, the board
shall not delegate the following:
(1) Adoption of board policies and procedures;
(II) Approval of final roadway alignments;
(IE) Ratification of acquisition of land by negotiated sale;
(IV) Instituting an eminent domain action, which may be at a public hearing or in
executive session;
(V) Initiating or continuing legal action, not including traffic or toll violations; and
(VI) Establishment of fee policies.
(b) The board shall promulgate and adhere to policies and procedures that govern its
conduct and provide meaningful opportunities for public input Such policies shall include
standards and procedures for calling an emergency meeting.
(2) Any member of the board shall disqualify himself from voting on any issue with
respect to which he has a conflict of interest, unless such member has disclosed such conflict
of interest in compliance with section 18-8-308, C.R.S.
(3) The board, in addition to all other powers conferred by this part 5, has the following
powers:
(a) To adopt bylaws;
(b) To fix the time and place of meetings, whether within or without the boundaries of
the authority, and the method of providing notice of the meetings;
(c) To make and pass orders and resolutions necessary for the government and
management of the affairs of the authority and the execution of the powers vested in the
authority;
(d) To adopt and use a seal;
(e) To maintain offices at such place or places as it may designate;
(f) To appoint, hire, and retain employees, agents, engineers, attorneys, accountants,
financial advisors, investment bankers, and other consultants;
(g) To prescribe methods for auditing and allowing or rejecting claims and demands
and methods for the letting of contracts for the construction of improvements, works, or
43-4-506 Transportation Title 43 - page 168
structures, for the acquisition of equipment, or for the performance or furnishing of such
labor, materials, or supplies as may be required for carrying out the purposes of tins part 5;
and
(h) To appoint advisory committees and define the duties thereof.
Source: L. 87: Entire part added, p. 1847, § 1, effective August 27. L. 2002: (1)
amended, p. 402, § 4, effective August 7.
43-4-506. Powers of the authority - inclusion or exclusion of property - determi-
nation of public highway alignment (1) In addition to any other powers granted to the
authority pursuant to this part 5, the authority has the following powers:
(a) To have perpetual existence, except as otherwise provided in the contract;
(b) To sue and be sued;
(c) To enter into contracts and agreements affecting the affairs of the authority;
(d) To establish, collect, and, from time to time, increase or decrease fees, tolls, rates,
and charges for the privilege of traveling on any public highway financed, constructed,
operated, or maintained by the authority, without any supervision or regulation of such fees
tolls, rates, and charges by any board, agency, bureau, commission, or official;
(e) To pledge all or any portion of the revenues to the payment of bonds of the
authority;
(f) To construct, finance, operate, or maintain public highways within or without the
boundaries of the authority; except that:
(I) The authority shall not construct public highways in any territory located outside the
boundaries of the authority and within the boundaries of a municipality without the consent
of the governing body of such municipality or within the unincorporated boundaries of a
county without the consent of the governing body of such county; and
(II) (A) Upon completion, no public highway of more than three lanes shall have
at-grade intersections unless the authority is constructing a public highway to use or connect
to existing at-grade infrastructure, the governing body of the municipality, county, or entity
that owns the at-grade infrastructure has approved the use of the existing at-grade infra-
structure as a part of the public three-lane highway, and the authority and the Colorado
department of transportation have executed an intergovernmental agreement that specifies
the circumstances under which the construction of an above-grade or below-grade inter-
section is required and the entity responsible for payment of construction costs to build such
intersection.
(B) If the authority is connecting with the at-grade infrastructure of the Colorado
department of transportation, the Colorado department of transportation shall be required to
give the approval required by sub-subparagraph (A) of this subparagraph (II).
(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to
purchase, dispose of, and encumber real or personal property and any interest therein,
including easements and rights-of-way, without restriction or limitation by other statutory
or charter provisions;
(h) (I) To have and exercise the power of eminent domain in the manner provided by
law for the condemnation of private property for public use and to take any private property
necessary to exercise the powers granted in this part 5, either within or without the
boundaries of the authority; except that the authority shall not exercise the power of eminent
domain with respect to property located outside the boundaries of the authority and within
the boundaries of a municipality without the consent of the governing body of such
municipality or within the unincorporated boundaries of a county without the consent of the
governing body of such county.
(II) To the extent applicable, in addition to any compensation awarded the owner in an
eminent domain proceeding pursuant to the requirements of subparagraph (I) of this
paragraph (h), and any benefits that may be due the owner pursuant to article 56 of title 24,
C.R.S., the authority shall additionally reimburse the owner whose property is being
acquired or condemned by such authority the following:
(A) An amount representing the reasonable costs of relocating the individuals, families,
and business concerns that will be displaced by such authority, including, without limita-
Title 43 - page 169 Financing 43-4-506
tion, moving expenses and actual direct losses of property resulting from the displacement.
In the case of an owner that is a business concern, such amount shall also cover expenses
incurred in connection with the reestablishment of such concern, including, without
limitation, expenses incurred in connection with the construction of replacement facilities
or utility, water, or sewer connections, as well as lost profits that are reasonably related to
relocation of the business resulting from the displacement for which reimbursement or
compensation is not otherwise made; and
(B) In connection with proceedings for the authority's acquisition or condemnation of
property pursuant to this part 5 in which the final value of the property as determined by the
court exceeds ten thousand dollars, the court shall award the owner all of such owner's
reasonable attorney fees and the reasonable costs of the litigation incurred by such owner
where the award by the court in such proceedings equals or exceeds one hundred thirty
percent of the last written offer given to the property owner prior to the filing of the
condemnation action. For purposes of this sub-subparagraph (B), the reasonable costs of
litigation shall include, but not be limited to, those items includable as costs in accordance
with section 13-16-122, C.R.S.
(i) To accept real or personal property for the use of the authority and to accept gifts and
conveyances upon such terms and conditions as the board may approve;
(j) To establish, and from time to time increase or decrease, a highway expansion fee
and collect such fee from persons who own property located within the boundaries of the
authority who apply for a building permit for improvements on such property, which permit
is issued in accordance with applicable ordinances, resolutions, or regulations of any county
or municipality. After such fees have been established by the authority, no building permit
shall be issued by any county or municipality for any improvement constructed within the
boundaries of the authority until such fees have been paid to the authority.
(k) To impose an annual motor vehicle registration fee of not more than ten dollars for
each motor vehicle registered with the county clerk and recorder of the county by persons
residing in all or any designated portion of the members of the combination. Such
registration fee shall be in addition to any fee or tax imposed by the state or any other
governmental unit. If a motor vehicle is registered in a county which is a member of more
man one authority, the total of all fees imposed pursuant to this paragraph (k) for any such
motor vehicle shall not exceed ten dollars. Such fee shall be collected by the county clerk
and recorder of the county in which the registration fee is imposed and remitted to the
authority. The authority shall apply such registration fees solely to the financing, construc-
tion, operation, or maintenance of public highways.
(1) to (n) Repealed.
(o) To have and exercise all rights and powers necessary or incidental to or implied
from the specific powers granted by this part 5. Such specific powers shall not be considered
as a limitation upon any power necessary or appropriate to carry out the purposes and intent
of this part 5.
(2) A public highway authority shall not accept or expend federal funds unless such
federal funds are in excess of federal funds for the fiscal year commencing July 1, 1987, or
unless such federal funds are specifically authorized, allocated, or made available by the
federal government, and unless such acceptance or expenditure is consistent with section
43-1-113 (13).
(3) (a) The board may include property within or exclude property from the boundaries
of the authority in the manner provided in this subsection (3). Property may not be included
within the boundaries of the authority unless it is within the boundaries of the members of
the combination, is contiguous to property within the boundaries of the authority at the time
of the inclusion, and is not more than two and one-half miles from the proposed center line
of the public highway as described in the contract required by section 43-4-504 (2).
(b) Prior to any inclusion or exclusion of property, the board shall cause notice of the
proposed inclusion or exclusion to be published in a newspaper of general circulation within
the boundaries of the authority and cause such notice to be mailed to the division, to the
transportation commission, and to the owners of property to be included or excluded at the
last known address described for such owners in the real estate records of the county in
which such property is located. Such notice shall describe the property to be included within
43-4-506
Transportation
Title 43 -page 170
or excluded from the boundaries of the authority, shall specify the date, time, and place at
which the board shall hold a public hearing on the proposed inclusion or exclusion, and
shall state that persons having objections to the inclusion or exclusion may appear at such
hearing to object to the proposed inclusion or exclusion. The date of such public hearing
contained in such notice shall be not less than twenty days after the mailing and publication
of the notice. The board at the time and place designated in the notice or at such times and
places to which the hearing may be adjourned shall hear all objections to the proposed
inclusion or exclusion. The board, upon the affirmative vote of two-thirds of the members
of the board, may adopt a resolution including or excluding all or any portion of the
property described in the notice. Upon the adoption of such resolution, such property shall
be included within or excluded from the boundaries of the authority as set forth in the
resolution. Such resolution may be adopted by the board without amending the contract
required by section 43-4-504 (2). The resolution shall be filed with the director of the
division, who shall cause such resolution to be recorded in the real estate records of each
county that has territory included in the boundaries of the authority.
(c) All property excluded from the authority shall thereafter be subject to the revenue-
raising powers of the authority only to the extent that such powers have been exercised by
the authority against such property prior to the exclusion and to the extent required to
comply with agreements with the holders of bonds outstanding at the time of the exclusion.
All property included within the authority shall thereafter be subject to the revenue-raising
powers of the authority. In no way will this section affect or increase property taxes in the
affected territory or jurisdiction.
(4) The board, upon the affirmative vote of two-thirds of the members of the board, may
determine the location of the alignment of the public highway, subject only to any limitation
existing pursuant to paragraph (f) of subsection (1) of this section.
Source: L. 87: Entire part added, p. 1847, § 1, effective August 27. L. 91: (2) amended,
p. 1134, § 219, effective July 1. L. 93: (3) and (4) added, p. 960, § 1, effective June 1.
L. 96: (1)0), (D(m), and (l)(n) repealed, p. 36, § 3, effective March 18. L. 2000: (l)(h)
amended, p. 1717, § 1, effective June 1; (l)(f) amended, p. 472, § 2, effective August 2.
L. 2002: (l)(h)(U)(B) amended, p. 952, § 2, effective June 1.
Editor's note: Section 2 of chapter 351, Session Laws of Colorado 2000, provides that the act
amending subsection (l)(h) applies to any proceeding involving the acquisition or condemnation of
property by a public highway authority through the exercise of its eminent domain powers com- .
menced on or after June 1, 2000, and to any proceeding for the acquisition or condemnation of
property by a public highway authority commenced before June 1, 2000, for which there has been
neither a final adjudication of the parties* rights with respect to such property nor a final settlement
of all claims as of June 1, 2000.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(l)(h)(D)(B), see section 1 of chapter 253, Session Laws of Colorado 2002.
ANNOTATION
Where the condemning agency amended
its petition in condemnation to take a smaller
parcel of property than originally sought, the
trial court properly prorated the amount of the
last written offer based on its calculation of the
per-acre value of the parcel. E-470 Pub. Hwy.
Auth. v. Wagner, 77 P.3d 902 (Colo. App. 2003).
Plain meaning of subsection (l)(h)(H)(B)
requires last written offer to be made prior to
the filing of a condemnation action. Accord-
ingly, landowners were entitled to all attorney
fees incurred in connection with condemnation
proceedings when their compensation award ex-
ceeded 130% of the last written offer made
before a highway authority filed its initial peti-
tion for condemnation even though the award
did not similarly exceed a subsequent written
offer made in connection with the filing of an
amended petition. E-470 Pub. Hwy. Auth. v.
Kortum Inv. Co., 121 P.3d 331 (Colo. App.
2005).
While subsection (l)(h)(H)(B) does not ex-
plicitly authorize attorney fees and costs in-
curred in challenging the constitutionality of
a condemnation statute, neither does it ex-
plicitly prohibit them. Indeed, the subsection
Title 43 - page 171
Financing
43-4-506.5
and its legislative history are silent on the sub-
ject. E-470 Pub. Hwy. Auth. v. Revenig, 140
P.3d 227 (Colo. App. 2006).
Court rejects any rule of categorical inclu-
sion or exclusion of fees and costs under sub-
section (l)(h)(II)(B). Instead, matter must be
resolved based on trial court's responsibility
under the statute to award "reasonable attorney
fees and costs". Subsection ( l)(h)(ID(B) speaks
in terms of awarding "reasonable" attorney fees
and costs. Court interprets term "reasonable" as
encompassing an assessment whether fees and
costs were "reasonably necessary" to achieve
the result contemplated by the statute. E-470
Pub. Hwy. Auth. v. Revenig, 140 P.3d 227
(Colo. App. 2006).
No abuse of court's discretion in refusing
to award landowner's fees and costs incurred
in undertaking second appeal. Trial court
properly considered whether attorney fees and
costs incurred in second appeal were reasonably
necessary to achieve result required by subsec-
tion ( l)(h)(H)(B), namely, an award of just com-
pensation exceeding 130% of the amount last
offered by highway authority. Here, after re-
mand from first appeal, it was clear that land-
owners had achieved result contemplated by
subsection (l)(h)(II)(B). Landowners then
raised for first time constitutionality of statutory
provision reducing compensation award by
amount of special benefits added to landowner's
remaining property from condemnation, seeking
monetary damages which the supreme court
subsequently determined were not due to land-
owners. There was nothing unreasonable, arbi-
trary, or unfair about trial court's conclusion that
landowner's unsuccessful second appeal was
not reasonably necessary to the ultimate result
they achieved in the case. Landowners not en-
titled to assume highway authority would have
to pay their appellate fees and costs no matter
how second appeal came out. E-470 Pub. Hwy.
Auth. v. Revenig, 140 P.3d 227 (Colo. App.
2006).
43-4-506.5. Traffic laws - toll collection. (1) The traffic laws of this state, and those
of any municipality through which passes a public highway constructed, operated, or
maintained by an authority, and such an authority's rules and regulations regarding toll
collection and enforcement shall pertain to and govern the use of any such public highway.
State and local law enforcement authorities are authorized to enter into traffic and toll
enforcement agreements with authorities. Any funds received by a state law enforcement
authority pursuant to such toll enforcement agreement shall be subject to annual appro-
priations by the general assembly to such law enforcement authority for the purpose of
perf orming its duties pursuant to such agreement.
(2) Any authority may adopt, by resolution of its board, rules pertaining to the
enforcement of toll collection and evasion and providing a civil penalty for toll evasion. The
civil penalty established by an authority for any toll evasion shall be not less than ten dollars
nor more than two hundred fifty dollars in addition to any costs imposed by a court. An
authority may use state of the art technology, including, but not limited to, automatic vehicle
identification photography, to aid in the collection of tolls and enforcement of toll
violations. The use of state of the art technology to aid in enforcement of toll violations shall
be governed solely by this section.
(3) (a) Any person who evades a toll established by an authority shall be subject to the
civil penalty established by that authority for toll evasion. Any peace officer as described in
section 16-2.5-101, C.R.S., shall have the authority to issue civil penalty assessments, or
municipal summons and complaints if authorized pursuant to a municipal ordinance, for
such toll evasion.
(b) At any time that a person is cited for toll evasion, the person operating the motor
vehicle involved shall be given either a notice in the form of a civil penalty assessment
notice or a municipal summons and complaint. If a civil penalty assessment is issued, such
notice shall be tendered by a peace officer as described in section 16-2.5-101, C.R.S., and
shall contain the name and address of such person, the license number of the motor vehicle
involved, the number of such person's driver's license, the nature of the violation, the
amount of the penalty prescribed for the violation, the date of the notice, a place for such
person to execute a signed acknowledgment of such person's receipt of the civil penalty
assessment notice, a place for such person to execute a signed acknowledgment of liability
for the cited violation, and such other information as may be required by law to constitute
such notice as a complaint to appear for adjudication of toll evasion pursuant to this section
if the prescribed toll, fee, and civil penalty are not paid within twenty days. Every cited
person shall execute the signed acknowledgment of the person's receipt of the civil penalty
assessment notice.
43-4-506.5 Transportation Title 43 - page 172
(c) The acknowledgment of liability shall be executed at the time the cited person pays
the prescribed penalty. The person cited shall pay the toll, fee, and civil penalty authorized
by the authority involved at the office of such authority, either in person or by postmarking
such payment within twenty days of the citation. If the person cited does not pay the
prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty
assessment notice shall constitute a complaint to appear for adjudication of toll evasion in
court or in an administrative toll enforcement proceeding, and the person cited shall, within
the time specified in the civil penalty assessment notice, file an answer to this complaint in
the manner specified in the notice.
(d) If a municipal summons and complaint is issued, the adjudication of the violation
shall be conducted and the format of the summons and complaint shall be determined
pursuant to the terms of the municipal ordinance authorizing issuance of such a summons
and complaint. In no case shall the penalty upon conviction for violation of a municipal
ordinance for toll evasion exceed the limit established in subsection (2) of this section.
(4) (a) The respective courts of the municipalities, counties, and cities and counties are
given jurisdiction to try all cases arising under municipal ordinances and state laws
governing the use of a public highway operated by an authority and arising under the toll
evasion civil penalty regulations enacted by authorities. Venue for such cases shall be in the
municipality, county, or city and county where the alleged violation of municipal ordinance
or state law or of the authority regulation occurred.
(b) At the request of the judicial department, an authority shall consider establishing an
administrative toll enforcement process and may, by resolution, adopt rules creating such a
process. The rules pertaining to the administrative enforcement of toll evasion shall require
notice to the person cited for toll evasion and provide to the person an opportunity to appear
at an open hearing conducted by an impartial hearing officer and a right to appeal the final
administrative determination of toll evasion to the county court for the county in which the
violation occurred.
(c) If an authority establishes an administrative toll enforcement process, no court of a
municipality, county, or city and county shall have jurisdiction to hear toll evasion cases
arising on a public highway operated by the authority.
(d) A toll evasion case may be adjudicated by an impartial hearing officer in an
administrative hearing conducted pursuant to this section and the rules promulgated by an
authority. The hearing officer may be an administrative law judge employed by the state or
an independent contractor of the authority. The contract for an independent contractor shall
grant to the hearing officer the same degree of independence granted to an administrative
law judge employed by the state. An authority may enter into contracts pursuant to section
29-1-203, C.R.S., for joint adjudication of toll evasion cases pursuant to this section.
(e) An authority may file a certified copy of an order imposing a toll, fee, and civil
penalty that is entered by the hearing officer in an adjudication of a toll evasion with the
clerk of the county court in the county in which the violation occurred at any time after the
order is entered. The clerk shall record the order in the judgment book of the court and enter
it in the judgment docket. The order shall thenceforth have the effect of a judgment of the
county court, and execution may issue on the order out of the court as in other cases.
(f) An administrative adjudication of a toll evasion by an authority is subject to judicial
review. The administrative adjudication may be appealed as to matters of law and fact to the
county court for the county in which the violation occurred. The appeal shall be a de novo
hearing.
(g) Notwithstanding the specific remedies provided by this section, an authority shall
have every remedy available under the law to enforce unpaid tolls and fees as debts owed
to the authority.
(5) The aggregate amount of penalties, exclusive of court costs, collected as a result of
civil penalties imposed pursuant to resolutions adopted as authorized in subsection (2) of
this section shall be remitted to the authority in whose name the civil penalty assessment
notice was issued, and shall be applied by the authority to defray the costs and expenses of
enforcing the laws of the state and the rules and regulations of the authority. If a municipal
summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the
terms of any enforcement agreement.
Tide 43 - page 173 Financing 43-4-506.5
(6) (a) In addition to the penalty assessment procedure provided for in subsection (3)
of this section, where an instance of toll evasion is evidenced by automatic vehicle
identification photography, or other technology not involving a peace officer, a civil penalty
assessment notice may be issued and sent by first-class mail, or by any mail delivery service
offered by an entity other than the United States postal service that is equivalent to or
superior to first-class mail with respect to delivery speed, reliability, and price, by the public
highway authority to the registered owner of the motor vehicle involved. The notice shall
contain the name and address of the registered owner of the vehicle involved, the license
number of the vehicle involved, the time and location of the violation, the amount of the
penalty prescribed for the violation, a place for the registered owner of the vehicle to
execute a signed acknowledgment of liability for the cited violation, and such other
information as may be required by law to constitute the notice as a complaint to appear for
adjudication of a toll evasion civil penalty assessment. The registered owner of the vehicle
involved in a toll evasion shall be liable for the toll, fee, and civil penalty imposed by the
authority, except as otherwise provided by paragraph (a.5) of this subsection (6). If the
registered owner of the vehicle does not pay the prescribed toll, fee, and civil penalty within
thirty days of the date of the civil penalty assessment notice, the notice shall constitute a
complaint to appear for adjudication of a toll evasion in court or in an administrative toll
enforcement proceeding, and the registered owner of the vehicle shall, within the time
specified in the notice, file an answer to the complaint in the manner specified in the notice.
If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, and civil
penalty as set forth in the notice or to appear and answer the complaint and request a hearing
as specified in the notice, a final order of liability shall be entered against the registered
owner of the vehicle for the purposes of enabling the registered owner to appeal pursuant
to paragraph (f) of subsection (4) of this section and allowing an authority to proceed to
judgment pursuant to paragraph (e) of subsection (4) of this section.
(a.5) In addition to any other liability provided for in this section, the owner of a motor
vehicle who is engaged in the business of leasing or renting motor vehicles is liable for
payment of a toll evasion violation civil penalty; except that, at the discretion of such
owner:
(I) The owner may obtain payment for a toll evasion violation civil penalty from the
person or company who leased or rented the vehicle at the time of the toll evasion through
a credit or debit card payment and forward the payment on to the public highway authority;
or
(II) The owner may seek to avoid liability for a toll evasion violation civil penalty if the
owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time
of the toll evasion violation, the vehicle was leased or rented to another person. To avoid
liability for payment, the owner of the motor vehicle shall, within thirty days after receipt
of the notification of the toll evasion violation, furnish to the public highway authority an
affidavit containing the name, address, and state driver* s license number of the person or
company who leased or rented such vehicle. As a condition to avoid liability for payment
of a toll evasion violation civil penalty, any person or company who leases or rents motor
vehicles to a person shall include a notice in the leasing or rental agreement stating that,
pursuant to the requirements of this section, the person renting or leasing the vehicle is
liable for payment of a toll evasion violation civil penalty incurred on or after the date the
person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall
inform the person renting or leasing the vehicle that the person's name, address, and state
driver's license number shall be furnished to the public highway authority when a toll
evasion violation civil penalty is incurred during the term of the lease or rental agreement.
(b) (Deleted by amendment, L. 2010, (SB 10-016), ch. 150, p. 518, § 1, effective April
21, 2010.)
(c) (Deleted by amendment, L. 2005, p. 835, § 1, effective June 1, 2005.)
(7) A court with jurisdiction in a toll evasion case pursuant to paragraph (a) of
subsection (4) of this section or an authority with jurisdiction in a toll evasion case pursuant
to paragraph (b) of subsection (4) of this section may report to the department of revenue
any outstanding judgment or warrant or any failure to pay the toll, fee, and civil penalty for
any toll evasion. Upon receipt of a certified report from a court or an authority stating that
43-4-507 Transportation Title 43 - page 174
the owner of a registered vehicle has failed to pay a toll, fee, and civil penalty resulting from
a final order entered by the authority, the department shall not renew the vehicle registration
of the vehicle until the toll, fee, and civil penalty are paid in full. The authority shall contract
with and compensate a vendor approved by the department for the direct costs associated
with the nonrenewal of a vehicle registration pursuant to this subsection (7). The department
has no authority to assess any points against a license under section 42-2-127, C.R.S., upon
entry of a conviction or judgment for any toll evasion.
Source: L. 90: Entire section added, p. 1831, § 1, effective May 31. L. 94: (3) and (6)
amended, p. 2572, § 101, effective January 1, 1995. L. 2002: (7) added, p. 572, § 3,
effective May 24. L. 2003: (6)(a.5) added, p. 1659, § 1, effective May 14; (3)(a) and (3)(b)
amended, p. 1623, § 41, effective August 6; (6)(a), (6)(b), and (7) amended, p. 1388, § 2,
effective August 6. L. 2005: (2), (3)(b), (3)(c), (4), (6)(a), (6)(b), and (6)(c) amended, p.
835, § 1, effective June 1; (2) amended, p. 605, § 1, effective August 8; (7) amended, p.
838, § 2, effective April 1, 2006. L. 2010: (4)(f), (6)(a), and (6)(b) amended, (SB 10-016),
ch. 150, p. 518, § 1, effective April 21.
Editor's note: Amendments to subsection (2) by House Bill 05-1104 and Senate Bill 05-097 were
harmonized.
43-4-507. Local improvement districts. The board may establish local improvement
districts within the boundaries of the authority to facilitate the financing, construction,
operation, or maintenance of public highways within or without the boundaries of the
authority. Such local improvement districts may be established by the board whenever any
area within the boundaries of the authority, in the opinion of the board, will be especially
benefited by the financing, construction, operation, or maintenance of such public highway.
No local improvement district shall be established by the board unless it receives a petition
signed by the owners of property which will bear a majority of the proposed assessments
and by a petition signed by the lesser of a majority of the registered electorate in the
proposed district or one thousand registered electors in the proposed district. The method
of creating local improvement districts, making the improvements, and assessing the costs
thereof shall be as provided in part 6 of article 20 of title 30, C.R.S.; except that the board
shall perform the duties of the board of county commissioners thereunder and the improve-
ments shall be public highways as defined by section 43-4-503 (12).
Source: L. 87: Entire part added, p. 1850, § 1, effective August 27.
43-4-508. Value capture areas. (1) The board may establish one or more value
capture areas within its boundaries to facilitate the financing and construction, operation, or
maintenance of public highways within or without the boundaries of the authority. Such
value capture areas may be established by the board whenever the market value of any area
within the boundaries of the authority, in the opinion of the board, will increase as a result
of the financing, construction, operation, or maintenance of a public highway.
(2) Prior to the creation of a value capture area, the board shall prepare a value capture
plan which shall identify the public highway to be financed, constructed, operated, or
maintained, the property to be included in the value capture area, the period of time which
the value capture area shall be in effect, and the portion of the property taxes or sales taxes
levied or collected within the value capture area which will be retained by the authority
during the period the value capture area remains in effect. A copy of the value capture plan
shall be submitted to the division, the department of revenue, and the governing body of
each governmental unit which has the power to levy or impose a property tax or sales tax
within the boundaries of the proposed value capture area. Not less than twenty days prior
to the hearing on the value capture plan, notice of the time and place of the hearing on the
value capture plan shall be published at least one time in a newspaper of general circulation
in the proposed value capture area and shall be mailed to the division and the governmental
units which receive the value capture plan.
Title 43 - page 175 Financing 43-4-509
(3) The board shall hold a hearing which shall be open to the public, and a record of
the proceedings shall be made. All governmental units who receive notice of the hearing as
set forth in subsection (2) of this section and each owner of property within the proposed
value capture area shall be interested parties and shall be afforded an opportunity to be
heard. Following the hearing, the board may approve or disapprove the value capture plan.
After approval, any such value capture plan may be modified in substantially the same
manner as the original approval.
(4) Any such value capture plan as originally adopted or later modified may contain a
provision that property taxes, if any, levied or imposed by a governmental unit after the
effective date of the value capture plan upon taxable property within the value capture area
or that any sales taxes collected within said area after the effective date of the value capture
plan, or all such taxes, shall be divided for a period set forth in the value capture plan after
the effective date of the value capture plan, as follows:
(a) That portion of the property taxes which are produced by the levy at the rate fixed
each year by or for each governmental unit upon the valuation for assessment of taxable
property within the boundaries of the value capture area last certified prior to the effective
date of the value capture plan, or that portion of the sales tax collected within the boundaries
of the value capture area in the twelve-month period ending on the last day of the month
prior to the effective date of the value capture plan, or both such portions shall be paid into
the funds of each such governmental unit as are all other taxes collected by or for said
governmental unit.
(b) Twenty-five percent, or such different amounts as may be agreed to by each affected
governmental unit, of the amount of said property taxes or sales taxes, or both, which is in
excess of the portion determined in paragraph (a) of this subsection (4) shall be allocated
and, when collected, paid into a special fund of the authority for the payment of, or the
funding of reserves, sinking, or other funds for the payment of, the principal of, interest on,
and any premiums due in connection with the bonds of the authority incurred for the
financing of a public highway. The balance, if any, of such excess shall be paid into the
funds of each such governmental unit as are all other taxes collected by or for said
governmental unit.
(5) In the event that there is a general reassessment of taxable property in any county,
including all or part of a value capture area, or a change in the rate of the sales tax collected
by a county or municipality in a value capture area, the portions of taxes specified in
subsection (4) of this section shall be proportionately adjusted in accordance with such
reassessment or change.
(6) When such bonds of the authority, including refunding bonds, have been paid, all
taxes in such value capture area shall thereafter be paid into the funds of the respective
governmental units.
Source: L. 87: Entire part added, p. 1850, § 1, effective August 27.
43-4-509. Bonds. ( 1 ) The authority may, from time to time, issue bonds for any of its
corporate purposes. The bonds shall be issued pursuant to resolution of the board and shall
be payable solely out of all or a specified portion of the revenues as designated by the board.
(2) Bonds may be executed and delivered by the authority at such times, may be in such
form and denominations and include such terms and maturities, may be subject to optional
or mandatory redemption prior to maturity with or without a premium, may be in fully
registered form or bearer form registrable as to principal or interest or both, may bear such
conversion privileges, may be payable in such installments and at such times not exceeding
forty years from the date thereof, may be payable at such place or places whether within or
without the state, may bear interest at such rate or rates per annum, which may be fixed or
vary according to index, procedure, or formula or as determined by the authority or its
agents, without regard to any interest rate limitation appearing in any other law of the state,
may be subject to purchase at the option of the holder or the authority, may be evidenced
in such manner, may be executed by such officers of the authority, including the use of one
or more facsimile signatures so long as at least one manual signature appears on the bonds,
which may be either of an officer of the authority or of an agent authenticating the same,
43-4-510 Transportation Title 43 - page 176
may be in the form of coupon bonds which have attached interest coupons bearing a manual
or facsimile signature of an officer of the authority, and may contain such provisions not
inconsistent with this part 5, all as provided in the resolution of the authority under which
the bonds are authorized to be issued or as provided in a trust indenture between the
authority and any commercial bank or trust company having full trust powers.
(3) The bonds may be sold at public or private sale at such price or prices, in such
manner, and at such times as determined by the board, and the board may pay all fees,
expenses, and commissions which it deems necessary or advantageous in connection with
the sale of the bonds. The power to fix the date of sale of the bonds, to receive bids or
proposals, to award and sell bonds, to fix interest rates, and to take all other action necessary
to sell and deliver the bonds may be delegated to an officer or agent of the authority. Any
outstanding bonds may be refunded by the authority pursuant to article 56 of title 11, C.R.S.
All bonds and any interest coupons applicable thereto are declared to be negotiable
instruments.
(4) The resolution or trust indenture authorizing the issuance of the bonds may pledge
all or a portion of the revenues of the authority, may contain such provisions for protecting
and enforcing the rights and remedies of holders of any of the bonds as the authority deems
appropriate, may set forth the rights and remedies of the holders of any of the bonds, and
may contain provisions which the authority deems appropriate for the security of the
holders of the bonds, including but not limited to provisions for letters of credit, insurance,
standby credit agreements, or other forms of credit insuring timely payment of the bonds,
including the redemption price or the purchase price.
(5) Any pledge of revenues or property made by the authority or by any person or
governmental unit with which the authority contracts shall be valid and binding from the
time the pledge is made. The revenues or property so pledged shall immediately be subject
to the lien of such pledge without any physical delivery or further act, and the lien of such
pledge shall be valid and binding against all parties having claims of any kind in tort,
contract, or otherwise against the pledging party, irrespective of whether such claiming
party has notice of such lien. The instrument by which the pledge is created need not be
recorded or filed.
(6) Neither the members of the board, employees of the authority, nor any person
executing the bonds shall be liable personally on the bonds or subject to any personal
liability or accountability by reason of the issuance thereof.
(7) The authority may purchase its bonds out of any available funds and may hold,
pledge, cancel, or resell such bonds subject to and in accordance with agreements with the
holders thereof.
Source: L. 87: Entire part added, p. 1851, § 1, effective August 27.
43-4-510. Cooperative powers. (1) The authority has the power to cooperate with
any person:
(a) To accept contributions, loans, or advances from any person with respect to the
financing, construction, operation, or maintenance of a public highway and in connection
with any loan or advance to enter into contracts establishing the repayment terms;
(b) To enter into contracts with respect to and to cooperate in the financing, construc-
tion, operation, or maintenance of a specified public highway;
(c) To enter into joint operating contracts concerning a public highway;
(d) To cooperate in acquiring easements or rights-of-way for a public highway;
(e) To transfer dominion over all or any portion of a public highway financed, operated,
maintained, or constructed by the authority to the federal government, the state, other
governmental units, or any person; and
(f) To designate a public highway as part of the federal highway system, the state
highway system, a county highway system, or a municipal highway system if the person
with jurisdiction over such highway system consents to such designation.
Source: L. 87: Entire part added, p. 1853, § 1, effective August 27.
Title 43 - page 177 Financing 43-4-513
43-4-511. Powers of governmental units. (1) A governmental unit, for the purpose
of aiding and cooperating in the financing, construction, operation, or maintenance of any
public highway, has the power:
(a) To sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise dispose to
the authority any real or personal property or interests therein;
(b) To enter into agreements with any person for the joint financing, construction,
operation, or maintenance of any public highway. Upon compliance with applicable
constitutional or charter limitations, such governmental unit may agree to make payments
without limitation as to amount except as set forth in the agreement, from revenues from
one or more fiscal years, to the authority or any person to defray the costs of the financing,
construction, operation, or maintenance of a public highway.
(c) To transfer or assign to the authority any contracts which may have been awarded
by the governmental unit for construction, operation, or maintenance of any public highway.
(2) To assist in the financing, construction, operation, or maintenance of a public
highway, any county or municipality which is a member of a combination may, by contract,
pledge to the authority all or a portion of the revenues it receives from the highway users
tax fond. The authority shall apply revenues which it receives pursuant to such pledge to the
financing, construction, operation, or maintenance of public highways.
Source: L. 87: Entire part added, p. 1853, § 1, effective August 27.
43-4-512. Referendum. No action by an authority to establish or increase any annual
motor vehicle registration fee authorized by this part 5 shall take effect unless first
submitted to a vote of the registered electors of that portion of the combination in which the
fee is proposed to be collected at a general election, or a special election to be held on the
first Tuesday after the first Monday in February, May, October, or December. Such action
shall not take effect unless a majority of the registered electors voting thereon at the election
vote in favor thereof. The election shall be conducted in substantially the same manner as
county elections, and the county clerk and recorder of each county in which the election is
conducted shall assist the authority in conducting the election. The authority shall pay the
costs incurred by each county in conducting such an election. No moneys of the authority
may be used to urge or oppose passage of an election to establish or increase any annual
motor vehicle registration fee authorized by this part 5.
Source: L. 87: Entire part added, p. 1854, § 1, effective August 27. L. 96: Entire
section amended, p. 37, § 4, effective March 18.
43-4-513. Notice - opportunity for comment ( 1 ) The board of any authority created
pursuant to this part 5, at least forty-five days prior to any meeting at which the board shall
consider or take action on a proposal to establish, increase, or decrease any fee authorized
by this part 5, shall deliver written notice of the meeting and proposal to any municipality
where the proposed fee would be imposed. Prior to the taking of any action on such
proposal by the board of any authority, municipalities entitled to receive notice pursuant to
this section shall be afforded a reasonable opportunity for comment, either at a regular
meeting of the board of the authority or at a special meeting convened to receive such
comment.
(2) The board of any authority created pursuant to this part 5, at least seven business
days prior to any regularly scheduled meeting, shall make available to the public written or
electronic notice of the time and agenda of such meeting. The board shall designate during
each meeting a public comment period that shall be at least one hour in duration and shall
offer the public an opportunity to comment during such period. Such period may be
abridged when the public is finished offering comments.
Source: L. 87: Entire part added, p. 1854, § 1, effective August 27. L. 96: Entire
section amended, p. 37, § 5, effective March 18. L. 2002: Entire section amended, p. 401,
§ 1, effective August 7.
43-4-514 Transportation Title 43 - page 178
43-4-514. Notice -coordination of information- reports. (1) (a) At least forty-five
days prior to the creation of any authority or value capture area pursuant to this part 5, a
notice containing the proposed boundaries of the authority or value capture area and the
methods proposed for financing public highways in the authority or a copy of the value
capture plan shall be sent to the division and to the department of revenue.
(b) At least forty-five days prior to the imposition of or any increase in any fee or prior
to the issuance of any bonds authorized in this part 5, a notice specifying the amount of the
fee and its proposed duration or the value and number of bonds to be issued shall be sent
to the division. The notice required by this paragraph (b) shall not be necessary if the
required information has previously been provided in the notice required by paragraph (a)
of this subsection (1).
(c) At the time the notice required in paragraph (a) or (b) of this subsection (1) is sent
to the division, a copy shall be filed with the transportation legislation review committee.
(2) The division shall forward copies of any such notice to the department of trans-
portation if it determines that the proposed authority or value capture area or the fee or
bonds will have an impact on any operations of that department.
(3) (a) The division shall file an annual report with the transportation legislation review
committee concerning the activities of authorities created pursuant to this part 5. Such
report shall detail how many authorities have been created, describe their boundaries, and
specify the public highways which are being constructed and how they are being financed.
(b) The division shall notify the transportation legislation review committee either in
the report required by paragraph (a) of this subsection (3) or by letter, if it deems that
immediate notification is warranted, of any situation relating to the creation of an authority
or value capture area, the imposition of any fee, or the issuance of any bonds by an authority
that the division believes or has reason to believe will adversely affect the tax-raising ability
or the credit or bond rating of any governmental unit or any school district.
(4) The authority shall report annually in the month of August to the transportation
legislation review committee on its activities during the preceding twelve months and on its
proposed activities during the succeeding twelve months. The board and staff of the
authority shall cooperate with the transportation legislation review committee in carrying
out its duties pursuant to section 43-2-145 (1.5).
Source: L. 87: Entire part added, p. 1854, § 1, effective August 27. L. 91: (2) amended,
p. 1134, § 220, effective July 1. L. 94: (l)(a) and (4) amended, p. 622, § 5, effective April
14. L. 96: (l)(b), (2), and (3)(b) amended, p. 37, § 6, effective March 18. L. 2002: (l)(a),
(l)(c), and (3) amended, p. 874, § 14, effective August 7.
43-4-515. Successor to prior entity • assumption of obligations and liabilities -
action for mandamus or injunctive relief. (1) An authority, if the contract establishing
it so provides, shall be the successor to any nonprofit corporation, agency, or other entity
theretofore organized to provide public highways, shall be entitled to all rights and
privileges, and shall assume all obligations and liabilities of such other entity under existing
contracts to which such entity is a party. An authority and a county or municipality which
is a member of the combination may enter into a contract by which the county or
municipality assigns its liabilities and obligations, and the authority assumes such liabilities
and obligations, under any contract, resolution, ordinance, or other public act which the
county or municipality has entered into or adopted with respect to the financing, construc-
tion, operation, or maintenance of a public highway, including bonds which it has issued.
(2) A county or municipality that has issued bonds to finance a public highway prior to
the creation of an authority and that has lent all or a portion of the proceeds of such bonds
to such authority shall not take any action or fail to take any action that would limit the
availability of the proceeds of such bonds to the authority or adversely affect the ability of
the authority to finance the public highway unless the authority consents or unless such
action or failure to act is required by the agreements with the holders of the bonds. If a
county or municipality has assigned to an authority its rights and privileges regarding bonds
issued to finance a public highway, such county or municipality shall take any action
requested by the authority in connection with such bonds and the documents governing such
Title 43 - page 179 Financing 43-4-519
bonds. A county or municipality which has assigned to an authority all of its rights and
privileges regarding bonds issued by the county to finance a public highway shall not have
any financial liability with respect to the repayment of such bonds except to the extent
expressly provided in the bonds or the assignment. The assumption of obligations and
liabilities by an authority pursuant to this section shall not be deemed to be the creation of
any new debt or obligation for the purposes of the constitution or laws of the state.
(3) The provisions of subsection (2) of this section may be enforced by the authority
filing an action for mandamus or injunctive relief with the district court. The district court
shall enter an order within thirty days after the filing of any such action.
Source: L. 87: Entire part added, p. 3855, § 1, effective August 27. L. 93: Entire
section amended, p. 960, § 2, effective June 1.
43-4-516. Agreement of the state not to limit or alter rights of obligees. The state
hereby pledges and agrees with the holders of any bonds issued under this part 5 and with
those parties who enter into contracts with the authority or any member of the combination
pursuant to this part 5 that the state will not limit, alter, restrict, or impair the rights vested
in the authority or the rights or obligations of any person with which it contracts to fulfill
the terms of any agreements made pursuant to this part 5. The state further agrees that it will
not in any way impair the rights or remedies of the holders of any bonds of the authority
until such bonds have been paid or until adequate provision for payment has been made.
The authority may include this provision and undertaking for the state in such bonds.
Source: L. 87: Entire part added, p. 1855, § 1, effective August 27.
43-4-517. Investments. The authority may invest or deposit any funds in the manner
provided by part 6 of article 75 of title 24, C.R.S. In addition, the authority may direct a
corporate trustee which holds funds of the authority to invest or deposit such funds in
investments or deposits other than those specified by said part 6 if the board determines, by
resolution, that such investment or deposit meets the standard established in section
15-1-304, C.R.S., the income is at least comparable to income available on investments or
deposits specified by said part 6, and such investment will assist the authority in the
financing, construction, maintenance, or operation of public highways.
Source: L. 87: Entire part added, p. 1855, § 1, effective August 27. L. 89: Entire
section amended, p. 1127, § 58, effective July 1.
43-4-518. Bonds eligible for investment All banks, trust companies, savings and loan
associations, insurance companies, executors, administrators, guardians, trustees, and other
fiduciaries may legally invest any moneys within their control in any bonds issued under
this part 5. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public
funds in such bonds only if said bonds satisfy the investment requirements established in
part 6 of article 75 of title 24, C.R.S.
Source: L. 87: Entire part added, p. 1856, § 1, effective August 27. L. 89: Entire
section amended, p. 1134, § 81, effective July 1.
43-4-519. Exemption from taxation - securities laws. The income or other revenues
of the authority, all properties at any time owned by the authority, any bonds issued by the
authority, and the transfer of and the income from any bonds issued by the authority shall
be exempt from all taxation and assessments in the state. In the resolution or indenture
authorizing the bonds, the authority may waive the exemption from federal income taxation
for interest on the bonds. Bonds issued by the authority shall be exempt from the provisions
of article 51 of title 11, C.R.S.
Source: L. 87: Entire part added, p. 1856, § 1, effective August 27.
43-4-520 Transportation Title 43 - page 1 80
43-4-520. No action maintainable. An action or proceeding, at law or in equity, to
review any acts or proceedings, or to question the validity or enjoin the performance of any
act or proceedings or the issuance of any bonds, or for any other relief against or from any
acts or proceedings done under this part 5, whether based upon irregularities or jurisdic-
tional defects, shall not be maintained, unless commenced within thirty days after the
performance of the act or proceedings or the effective date thereof, and shall be thereafter
perpetually barred.
Source: L. 87: Entire part added, p. 1856, § 1, effective August 27.
43-4-521. Termination of revenue-raising powers. When all bonds and obligations of
an authority have been paid in full and the authority has established a maintenance trust
fund sufficient to meet future needs of the authority, all revenue-raising powers granted
pursuant to this part 5, including tolls, shall terminate.
Source: L. 87: Entire part added, p. 1856, § 1, effective August 27.
43-4-522. Judicial examination of powers, acts, proceedings, or contracts of an
authority. In its discretion, the board of an authority may file a petition at any time in the
district court in and for any county in which the authority is located wholly or in part
praying for a judicial examination and determination of any power conferred to the
authority, any revenue-raising power exercised or to be exercised by the authority, or any
act, proceeding, or contract of the authority, whether or not such contract has been executed.
Such judicial examination and determination shall be conducted in substantially the manner
set forth in section 32-4-540, C.R.S.; except that the notice required shall be published once
a week for three consecutive weeks and the hearing shall be held not less than thirty days
nor more than forty days after the filing of the petition.
Source: L. 93: Entire section added, p. 962, § 3, effective June 1.
PART 6
REGIONAL TRANSPORTATION AUTHORITY LAW
43-4-601. Short title. This part 6 shall be known and may be cited as the "Regional
Transportation Authority Law*'.
Source: L. 97: Entire part added, p. 480, § 1, effective August 6. L. 2005: Entire
section amended, p. 1057, § 2, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) "Advertising device*' means an outdoor sign, display, poster, or other message used
to advertise a product or service or other message.
(1.5) "Authority" means a body corporate and political subdivision of the state created
pursuant to this part 6.
(2) "Board" means the board of directors of an authority.
(3) "Bond" means any bond, note, interim certificate, contract, or other obligation of
an authority authorized by this part 6.
(4) "Combination" means any two or more municipalities, two or more counties, or
one or more municipalities and one or more counties. In addition, "combination" may
include:
Title 43 - page 181 Financing 43-4-602
(a) One or more special districts organized with street improvement, safety protection,
or transportation powers under and as defined in article 1 of title 32, C.R.S., and one or more
municipalities, counties, or counties and municipalities;
(b) The state to the extent authorized by section 43-4-603 (5).
(5) "Construct** or "construction** means the planning, designing, engineering, acqui-
sition, installation, construction, or reconstruction of regional transportation systems.
(6) "County** means any county organized under the laws of the state, including any
city and county.
(7) "Division** means the division of local government in the department of local
affairs.
(8) "Governmental unit** means the state or any political subdivision thereof, except
school districts or special purpose authorities as defined in section 24-77-102 (15), C.R.S.
(9) (a) "Grant** means a cash payment of public funds made directly to a regional
transportation activity enterprise by a governmental unit within the state, which cash
payment is not required to be repaid.
(b) "Grant** does not include the following:
(I) Public funds paid or advanced to a regional transportation activity enterprise by a
governmental unit in exchange for an agreement by a regional transportation activity
enterprise to provide a regional transportation system or for the use of property included in
or in connection with a regional transportation system;
(II) Refunds made in the current or next fiscal year,
(HI) Gifts;
(IV) Any payments directly or indirectly from federal funds or earnings on federal
funds;
(V) Collections for another government;
(VI) , Pension contributions by employees and pension fund earnings;
(VH) Reserve transfers or expenditures;
(Vm) Damage awards; or
(DC) Property sales.
(10) "Municipality** has the same meaning as that provided in section 31-1-101 (6),
C.R.S.
(11) "Operation and maintenance expenses'* means all reasonable and necessary
current expenses of the authority, paid or accrued, of operating, maintaining, and repairing
any regional transportation system.
(12) "Person** means any natural person, corporation, partnership, association, or joint
venture, the United States of America, or any governmental unit.
(12.5) "Region** means all of the territory within the boundaries of, and subject to the
jurisdiction of, the governing body of any member of a combination that creates an
authority pursuant to section 43-4-603.
(13) and (14) (Deleted by amendment, L. 2005, p. 1058, § 3, effective January 1,
2006.)
(15) "Regional transportation activity enterprise** means any regional transportation
activity business owned by an authority, which enterprise receives under ten percent of its
annual revenues in grants from all state and local governments within the state combined
and is authorized to issue its own revenue bonds pursuant to this part 6.
(16) "Regional transportation system'* means any property, improvement, or system
designed to be compatible with established state and local transportation plans that
transports or conveys people or goods or permits people or goods to be transported or
conveyed within a region by any means, including, but not limited to, an automobile, truck,
bus, rail, air, or gondola. The term includes any real or personal property or equipment, or
interest therein, that is appurtenant or related to any property, improvement, or system that
transports or conveys people or goods or permits people or goods to be transported or
conveyed within a region by any means or that is financed, constructed, operated, or
maintained in connection with the financing, construction, operation, or maintenance of any
such property, improvement, or system. The term may also include, but is not limited to, any
highway, road, street, bus system, railroad, airport, gondola system, or mass transit system
and any real or personal property or equipment, or interest therein, used in connection
43-4-603 Transportation Title 43 - page 1 82
therewith; any real or personal property or equipment, or interest therein, that is used to
transport or convey gas, electricity, water, sewage, or information or that is used in
connection with the transportation, conveyance, or provisions of any other utilities; and
paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting,
bridges, overpasses, underpasses, cross-roads, parkways, drainage facilities, mass transit
lanes, park-and-ride facilities, toll collection facilities, service areas, and administrative or
maintenance facilities. Rights-of-way included in a regional transportation system shall be
considered public rights-of-way for purposes of the location of utilities owned by persons
other than the authority; except that no right-of-way within the regional transportation
district created and existing pursuant to article 9 of title 32, C.R.S., that is not a publicly
dedicated right-of-way by a municipality, a county, or the state shall be considered a public
right-of-way as a result of its inclusion in the district.
(16.5) "Revenues" means any tolls, fees, rates, charges, assessments, taxes, grants,
contributions, or other income and revenues received by the authority.
(16.7) "Special district" has the same meaning as provided in section 32-1-103 (20),
C.R.S.
(17) "State" means the state of Colorado or any of its agencies.
(18) "Streetscape enhancement" means an advertising device located on a bus or
transit shelter or bench, waste receptacle, kiosk, or other freestanding structure located
within an authority.
Source: L. 97: Entire part added, p. 480, § 1, effective August 6. L. 2005: (1), (5),
(9)(a), (9)(b)(I), (11), (13), (14), (15), and (16) amended and (1.5), (12.5), (16.5), and (18)
added, p. 1058, § 3, effective January 1, 2006. L. 2010: (4) amended and (16.7) added,
(HB 10-1243), ch. 385, p. 1804, § 3, effective August 11.
Cross references: For the legislative declaration contained in the 2005 act amending subsections
(1), (5), (9)(a), (9)(b)(I), (ID, (13), (14), (15), and (16) and enacting subsections (1.5), (12.5), (16.5),
and (18), see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-603. Creation of authorities. (1) Any combination may create, by contract, an
authority that is authorized to exercise the functions conferred by the provisions of this part
6 upon the issuance by the director of the division of a certificate stating that the authority
has been duly organized according to the laws of the state. The combination joining in the
creation of the authority shall provide a copy of the contract to the department of
transportation for comment and, if the territory of the proposed authority includes or borders
any territory of the regional transportation district created in article 9 of title 32, C.R.S., or
intersects with or is likely to divert vehicle traffic to or from a toll highway operated by a
public highway authority established under part 5 of this article, shall also provide a copy
of the contract to the district or the affected public highway authority, as applicable, for
comment. The combination shall also provide a copy of the contract to each county and
municipality that is not a member of the combination but that includes territory that borders
the territory of the proposed authority for comment. The director shall issue the certificate
upon the filing with the director of a copy of the contract by the combination joining in the
creation of the authority. The director shall cause the certificate to be recorded in the real
estate records in each county having territory included in the boundaries of the authority.
Upon issuance of the certificate by the director, the authority shall constitute a separate
political subdivision and body corporate of the state and shall have all of the duties,
privileges, immunities, rights, liabilities, and disabilities of a public body politic and
corporate.
(1.5) On and after January 1, 2006, if, after reviewing a contract that creates an
authority provided pursuant to subsection (1) of this section, but in no event more than
ninety days after a copy of the contract is provided pursuant to subsection (1) of this section,
the department of transportation, the regional transportation district created in article 9 of
title 32, C.R.S., a bordering county or municipality, or a public highway authority
established under part 5 of this article informs the combination that executed the contract
that any portions of the regional transportation systems to be provided by the proposed
Title 43 - page 1 83 Financing 43-4-603
authority that involve road construction or improvement, as specified in the contract
pursuant to paragraph (a) of subsection (2) of this section, and that are on, alter the physical
structure of, or negatively impact safe operation of any highway, road, or street under its
jurisdiction or will provide mass transportation services that impact the district, then, at the
request of the affected entity, the combination shall enter into an intergovernmental
agreement concerning the identified portions or mass transportation services with the
department, the district, the bordering county or municipality, the public highway authority,
or any combination thereof, as applicable, within one hundred eighty days after a copy of
the contract was provided, or eliminate those portions or services from the list of projects
specified in the contract before it submits the contract to a vote of the registered electors
residing within the boundaries of the proposed authority as required by subsection (4) of
this section. When requesting that an intergovernmental agreement be entered into or that
portions of a regional transportation system be eliminated due to a negative impact to safe
operation of a highway, road, or street, the requesting entity shall provide, at the time of the
request, evidence of die negative impact. The intergovernmental agreement shall specify
whatever terms the combination and the affected entity or entities deem necessary to avoid
duplication of effort and to ensure coordinated transportation planning, efficient allocation
of resources, and equitable sharing of costs. If the department is a party to the intergov-
ernmental agreement, the agreement shall also describe in detail any effect on department
funding of any portion of the state highway system within the proposed region that is
expected to result from the creation of the proposed authority. Nothing in this subsection
(1.5) shall be construed to preclude a combination or any authority from entering into an
intergovernmental agreement with the department, the district, a public highway authority,
a bordering county or municipality, or any other governmental entity regarding any regional
transportation system.
(2) Any contract establishing an authority shall specify:
(a) The name and purpose of the authority and the regional transportation systems to be
provided;
(b) The establishment and organization of the board of directors in which all legislative
power of the authority is vested, including:
(I) The number of directors, which shall be at least five, all of which, except as provided
in subsection (5) of this section, shall be elected officials from the members of the
combination and which shall include at least one elected official from each member of the
combination;
(II) The manner of the appointment, the qualifications, and the compensation, if any, of
the directors and the procedure for filling vacancies;
(EI) The officers of the authority, the manner of their appointment, and their duties; and
(IV) The voting requirements for action by the board; except that, unless specifically
provided otherwise in the contract, a majority of the directors of the board constitutes a
quorum and a majority of the board is necessary for action by the board;
(c) The provisions for the distribution, disposition, or division of the assets of the
authority;
(d) The boundaries of the authority, which may not include territory outside of the
boundaries of the members of the combination, may not include territory within the
boundaries of a municipality that is not a member of the combination as the boundaries of
the municipality exist on the date the authority is created without the consent of the
governing body of such municipality, and may not include territory within the unincorpo-
rated boundaries of a county that is not a member of the combination as the unincorporated
boundaries of the county exist on the date the authority is created without the consent of the
governing body of such county;
(e) The term of the contract, which may be for a definite term or until rescinded or
terminated, and the method, if any, by which it may be terminated or rescinded; except that
the contract may not be terminated or rescinded so long as the authority has bonds
outstanding;
(f) The provisions for amendment of the contract;
(g) The limitations, if any, on the powers granted by this part 6 that may be exercised
by the authority pursuant to this part 6; and
43-4-604 Transportation Title 43 - page 1 84
(h) The conditions required when adding or deleting parties to the contract.
(3) No municipality, county, or special district shall enter into a contract establishing an
authority without holding at least two public hearings thereon in addition to other require-
ments imposed by law for public notice. The municipality, county, or special district shall
give notice of the time, place, and purpose of the public hearing by publication in a
newspaper of general circulation in the municipality, county, or special district, as the case
may be, at least ten days prior to the date of the public hearing.
(4) No contract establishing an authority pursuant to this section shall take effect unless
first submitted to a vote of the registered electors residing within the boundaries of the
proposed authority. However, a contract establishing an authority may subsequently be
amended in accordance with any amendment procedures specified in the contract pursuant
to paragraph (f) of subsection (2) of this section. The question of establishing the authority
shall be submitted to such registered electors at a general election or a special election
called for such purpose. Such question may also be proposed to such registered electors at
the same time and in the same or a separate question as an election required under section
43-4-612. The authority shall not be established unless a majority of the registered electors
voting thereon at the election vote in favor thereof. The election shall be conducted in
substantially the same manner as county elections, and the county clerk and recorder of each
county in which the election is conducted shall assist the members of the combination of the
proposed authority in conducting the election.
(5) The state, acting by and through the transportation commission, created in section
43-1-106, and upon the approval of the governor, may join in the contract creating the
authority. The number of directors of the board to which the state is entitled shall be
established in the contract, but in no case shall the state be entitled to less than one director.
The governor shall appoint the director or directors representing the state on the board, with
the consent of the senate, for such term as established by the governor.
Source: L. 97: Entire part added, p. 482, § 1, effective August 6. L. 2000: (4) amended,
p. 1174, § 1, effective August 2. L. 2005: (1) and (2)(a) amended and (1.5) added, p. 1059,
§ 4, effective January 1, 2006. L. 2010: (3) amended, (HB 10-1243), ch. 385, p. 1804, § 4,
effective August 11.
Cross references: For the legislative declaration contained in the 2005 act amending subsections
(1) and (2)(a) and enacting subsection (1.5), see section 1 of chapter 269, Session Laws of Colorado
2005.
43-4-604. Board of directors. (1) (a) All powers, privileges, and duties vested in or
imposed upon the authority shall be exercised and performed by and through the board. The
board, by resolution, may delegate any of the powers of the board to any of the officers or
agents of the board; except that, to ensure public participation in policy decisions, the board
shall not delegate the following:
(1) Adoption of board policies and procedures;
(II) Approval of final roadway alignments;
(HI) Ratification of acquisition of land by negotiated sale;
(IV) Instituting an eminent domain action, which may be at a public hearing or in
executive session;
(V) Initiating or continuing legal action, not including traffic or toll violations; and
(VI) Establishment of fee policies.
(b) The board shall promulgate and adhere to policies and procedures that govern its
conduct and provide meaningful opportunities for public input. Such policies shall include
standards and procedures for calling an emergency meeting.
(2) Any director of the board shall disqualify himself or herself from voting on any
issue with respect to which the director has a conflict of interest, unless the director has
disclosed the conflict of interest in compliance with section 18-8-308, C.R.S.
(3) The board, in addition to all other powers conferred by this part 6, has the following
powers:
Tide 43 - page 1 85 Financing 43-4-605
(a) To adopt bylaws;
(b) To fix the time and place of meetings, whether within or without the boundaries of
the authority, and the method of providing notice of the meetings;
(c) To make and pass orders and resolutions necessary for the government and
management of the affairs of the authority and the execution of the powers vested in the
authority;
(d) To adopt and use a seal;
(e) To maintain offices at such place or places as the board may designate;
(f) To appoint, hire, and retain employees, agents, engineers, attorneys, accountants,
financial advisors, investment bankers, and other consultants;
(g) To prescribe methods for auditing and allowing or rejecting claims and demands;
for the letting of contracts for the construction of improvements, works, or structures; for
the acquisition of equipment; or for the performance or furnishing of such labor, materials,
or supplies as may be required for carrying out the purposes of this part 6;
(h) To appoint advisory committees and define the duties thereof; and
(i) To amend the contract that created the authority to the extent that any amendment
procedures specified in the contract pursuant to section 43-4-603 (2) (f) authorize the board,
rather than the members of the combination that are parties to the contract, to amend the
contract.
Source: L. 97: Entire part added, p. 484, § 1, effective August 6. L. 2000: (3)(i) added,
p. 1174, § 2, effective August 2. L. 2002: (1) amended, p. 403, § 5, effective August 7.
43-4-605. Powers of the authority - inclusion or exclusion of property - determi-
nation of regional transportation system alignment - fund created - repeal. (1) In
addition to any other powers granted to the authority pursuant to this part 6, the authority
has the following powers:
(a) To have perpetual existence, except as otherwise provided in the contract;
(b) To sue and be sued;
(c) To enter into contracts and agreements affecting the affairs of the authority;
(d) To establish, collect, and, from time to time, increase or decrease fees, tolls, rates,
and charges for the privilege of traveling on or using any property included in any regional
transportation system financed, constructed, operated, or maintained by the authority,
without the fees, tolls, rates, and charges being subject to any supervision or regulation by
any board, agency, bureau, commission, or official; except that any fees, tolls, rates, and
charges imposed for the use of any regional transportation system shall be fixed and
adjusted so that the fees, tolls, rates, and charges collected, along with other revenues, if
any, are at least sufficient to pay for any bonds issued pursuant to this part 6 and interest
thereon;
(e) To pledge all or any portion of the revenues to the payment of bonds of the
authority;
(f) To finance, construct, operate, or maintain regional transportation systems within or
without the boundaries of the authority; except that the authority shall not construct regional
transportation systems in any territory located outside the boundaries of the authority and
within the boundaries of a municipality as the boundaries of the municipality exist on the
date the authority is created without the consent of the governing body of the municipality;
outside the boundaries of the authority and within the unincorporated boundaries of a
county as the unincorporated boundaries of the county exist on the date the authority is
created without the consent of the governing body of the county; or inside or outside the
boundaries of the authority if the regional transportation systems would alter the state
highway system, as defined in section 43-2-101 (1), or the interstate system, as defined in
section 43-2-101 (2), except as authorized by an intergovernmental agreement entered into
by the members of the combination that created the authority and the department of
transportation as required by section 43-4-603 (1.5);
(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to
purchase, dispose of, and encumber real or personal property and any interest therein,
including easements and rights-of-way;
43-4-605 Transportation Title 43 - page 1 86
(h) To accept real or personal property for the use of the authority and to accept gifts
and conveyances upon the terms and conditions as the board may approve;
(i) To impose an annual motor vehicle registration fee of not more than ten dollars for
each motor vehicle registered with the county clerk and recorder of the county by persons
residing in all or any designated portion of the members of the combination; except that the
authority shall not impose a motor registration fee with respect to motor vehicles registered
to persons residing outside the boundaries of the authority and within the boundaries of a
municipality as the boundaries of the municipality exist on the date the authority is created
without the consent of the governing body of the municipality or outside the boundaries of
the authority and within the unincorporated boundaries of a county as the unincorporated
boundaries of the county exist on the date the authority is created without the consent of the
governing body of the county. The registration fee is in addition to any fee or tax imposed
by the state or any other governmental unit. If a motor vehicle is registered in a county that
is a member of more than one authority, the total of all fees imposed pursuant to this
paragraph (i) for any such motor vehicle shall not exceed ten dollars. The county clerk and
recorder of the county in which the registration fee is imposed shall collect the fee and remit
the fee to the authority. The authority shall apply the registration fees solely to the financing,
construction, operation, or maintenance of regional transportation systems that are consis-
tent with the expenditures specified in section 18 of article X of the state constitution.
(i.5) (I) Subject to the provisions of section 43-4-612, to impose, in all or any
designated portion of the members of the combination, a visitor benefit tax on persons who
purchase overnight rooms or accommodations in any amount that would not cause the
aggregate amount of the visitor benefit tax and any lodging tax imposed on such overnight
rooms or accommodations to exceed two percent of the price of such overnight rooms or
accommodations; except that the authority shall not impose any such visitor benefit tax on
overnight rooms or accommodations that are in any territory:
(A) Outside the boundaries of the authority and within the boundaries of a municipality
as the boundaries of the municipality exist on the date the authority is created without the
consent of the governing body of such municipality; or
(B) Outside the boundaries of the authority and within the unincorporated boundaries
of a county as the unincorporated boundaries of the county exist on the date the authority
is created without the consent of the governing body of such county.
(II) The visitor benefit tax is in addition to any fee or tax imposed by the state or any
other governmental unit and a minimum of seventy-five percent of the net revenue derived
from the tax shall be used by the authority solely to finance, construct, operate, and maintain
regional transportation systems and provide incentives to overnight visitors to use public
transportation.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (i.5), an
authority may derive no more than one third of its total revenues from the visitor benefit tax.
(IV) Any authority that imposes a visitor benefit tax shall give due consideration to the
transportation needs of persons who pay the visitor benefit tax on the purchase of overnight
rooms or accommodations when constructing, operating, and maintaining regional trans-
portation systems and shall ensure that such visitors have easy access to the regional
transportation systems.
(V) Upon the request of the authority, the executive director of the department of
revenue shall administer and collect the visitor benefit tax authorized by subparagraph (I)
of this paragraph (i.5). If the authority requests that the executive director administer and
collect the tax, the executive director shall make monthly distributions of the tax collections
to the authority. The department of revenue shall retain an amount not to exceed the cost of
the collection, administration, and enforcement and shall transmit the amount to the state
treasurer who shall credit the same to the regional transportation authority visitor benefit tax
fund, which fund is hereby created. The amounts so retained are hereby appropriated
annually from the fund to the department to the extent necessary for the department's
collection, administration, and enforcement of the provisions of this part 6. Any moneys
remaining in the fund attributable to taxes collected in the prior fiscal year shall be
transmitted to the authority; except that, prior to the transmission to the authority of such
moneys, any moneys appropriated from the general fund to the department for the
Title 43 - page 1 87 Financing 43-4-605
collection, administration, and enforcement of the tax for the prior fiscal year shall be
repaid.
(j) (I) Subject to the provisions of section 43-4-612, to levy, in all or any designated
portion of the members of the combination, a sales or use tax, or both, at a rate not to exceed
one percent upon every transaction or other incident with respect to which a sales or use tax
is levied by the state; except that, on and after January 1, 2006, if the authority includes
territory that is within the regional transportation district created and existing pursuant to
article 9 of title 32, C.R.S., a designated portion of the members of the combination in
which a new tax is levied shall be composed of entire territories of members of the
combination so that the rate of tax imposed pursuant to this part 6 within the territory of any
single member of the combination is uniform and except that the authority shall not levy a
sales or use tax on any transaction or other incident occurring in any territory located
outside the boundaries of the authority and within the boundaries of a municipality as the
boundaries of the municipality exist on the date the authority is created without the consent
of the governing body of the municipality or outside the boundaries of the authority and
within the unincorporated boundaries of a county as the unincorporated boundaries exist on
the date the authority is created without the consent of the governing body of the county.
Subject to the provisions of section 43-4-612, the authority may elect to levy any such sales
or use tax at different rates in different designated portions of the members of the
combination; except that, on and after January 1, 2006, if the authority includes territory
that is within the regional transportation district, a designated portion of the members of the
combination in which a new tax is levied shall be composed of entire territories of members
of the combination so that the rate of tax imposed pursuant to this part 6 within the territory
of any single member of the combination is uniform. If the authority so elects, it shall
submit a single ballot question that lists all of the different rates to the registered electors
of all designated portions of the members of the combination in which the proposed sales
or use tax is to be levied. The tax imposed pursuant to this paragraph (j) is in addition to
any other sales or use tax imposed pursuant to law. If a member of the combination is
located within more than one authority, the sales or use tax, or both, authorized by this
paragraph (j) shall not exceed one percent upon every transaction or other incident with
respect to which a sales or use tax is levied by the state. The executive director of the
department of revenue shall collect, administer, and enforce the sales or use tax, to the
extent feasible, in the manner provided in section 29-2-106, C.R.S. The director shall make
monthly distributions of the tax collections to the authority, which shall apply the proceeds
solely to the financing, construction, operation, or maintenance of regional transportation
systems. The department shall retain an amount not to exceed the net incremental cost of
the collection, administration, and enforcement and shall transmit the amount to the state
treasurer, who shall credit the same to the regional transportation authority sales tax fund,
which fund is hereby created. The amounts so retained are hereby appropriated annually
from the fund to the department to the extent necessary for the department's collection,
administration, and enforcement of the provisions of this part 6. Any moneys remaining in
the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the
authority; except that, prior to the transmission to the authority of such moneys, any moneys
appropriated from the general fund to the department for the collection, administration, and
enforcement of the tax for the prior fiscal year shall be repaid.
(II) A sales or use tax, or both, levied pursuant to subparagraph (I) of this paragraph (j)
shall not be levied on the sale of tangible personal property:
(A) Delivered by a retailer or a retailer's agent or to a common carrier for delivery to
a destination outside the authority;
(B) Upon which specific ownership tax has been paid or is payable if the purchaser
resides outside the boundaries of the authority or the purchaser's principal place of business
is outside the boundaries of the authority and if the personal property is registered or
required to be registered outside the boundaries of the authority; or
(C) Where such tangible personal property is a cigarette.
(j.5) (I) Subject to the provisions of section 43-4-612, to impose a uniform mill levy of
up to five mills on all taxable property within the territory of the authority. This paragraph
43-4-605 Transportation Title 43 - page 1 88
(j.5) does not limit or affect the power of an authority to establish local improvement
districts and impose special assessments as authorized by section 43-4-608.
(II) This paragraph (j-5) is repealed, effective January 1, 2019.
(k) To have and exercise all rights and powers necessary or incidental to or implied
from the specific powers granted by this part 6. The specific powers shall not be considered
as a limitation upon any power necessary or appropriate to carry out the purposes and intent
of this part 6.
(2) (a) The board may include property within or exclude property from the boundaries
of the authority in the manner provided in this subsection (2). Property may not be included
within the boundaries of the authority unless it is within the boundaries of the members of
the combination at the time of the inclusion. Property located within the boundaries of a
municipality that is hot a member of the combination as the boundaries of the municipality
exist on the date the property is included may not be included without the consent of the
governing body of such municipality, and property within the unincorporated boundaries of
a county that is not a member of the combination as the unincorporated boundaries of the
county exist on the date the property is included may not be included without the consent
of the governing body of such county.
(b) (I) Prior to any inclusion in or exclusion of property from the boundaries of the
authority, the board shall cause notice of the proposed inclusion or exclusion to be published
in a newspaper of general circulation within the boundaries of the authority and cause the
notice to be mailed to the division, to the transportation commission, and to the owners of
property to be included or excluded at the last-known address described for the owners in
the real estate records of the county in which the property is located. The notice shall
describe the property to be included in or excluded from the boundaries of the authority,
shall specify the date, time, and place at which the board shall hold a public hearing on the
proposed inclusion or exclusion, and shall state that persons having objections to the
inclusion or exclusion may appear at the public hearing to object to the proposed inclusion
or exclusion. The date of the public hearing contained in the notice shall be not less than
twenty days after the mailing and publication of the notice. The board, at the time and place
designated in the notice or at such times and places to which the hearing may be adjourned,
shall hear all objections to the proposed inclusion or exclusion.
(II) The board, upon the affirmative vote of two-thirds of the directors of the board, may
adopt a resolution including or excluding all or any portion of the property described in the
notice. Upon the adoption of the resolution, the property shall be included within or
excluded from the boundaries of the authority as set forth in the resolution. The board may
adopt the resolution without amending the contract required by section 43-4-603 (2). The
board shall file the resolution with the director of the division, who shall cause the
resolution to be recorded in the real estate records of each county having territory included
in the boundaries of the authority.
(c) All property excluded from the authority shall thereafter be subject to the revenue-
raising powers of the authority only to the extent that the powers have been exercised by
the authority against the property or activities occurring on the property prior to the
exclusion and to the extent required to comply with agreements with the holders of bonds
outstanding at the time of the exclusion. All property or activities occurring on the property
included within the authority shall thereafter be subject to the revenue-raising powers of the
authority. In no way will this section affect or increase property taxes in the affected
territory or jurisdiction.
(3) Property included in an authority pursuant to this section is subject to the same mill
levies and other taxes levied or to be levied on other similarly situated property at the time
the additional property is included. The newly included property is an addition to taxable
real property, and the application of such levies and other taxes to the newly included
property is not subject to the requirements of section 20 (4) of article X of the state
constitution. This subsection (3) is intended to place newly included property and similarly
situated existing property within an authority on an equal basis.
(4) The board, upon the affirmative vote of two-thirds of the directors of the board, may
determine the location of the regional transportation system.
Title 43 - page 1 89 Financing 43-4-606
(5) Any regional transportation system constructed by an authority under this part 6 that
is funded, in whole or in part, from the highway users tax fund and that may be reasonably
expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year
shall be subject to the construction bidding provisions in part 7 of article 1 of title 29, C.R.S.
If the state is involved in the construction of the regional transportation system, the
construction bidding provisions in article 92 of title 24, C.R.S., shall apply. Nothing herein
shall be construed to affect the ability of such entities to enter into design-build contracts
under applicable state laws.
(6) In exercising any of the powers to impose taxes pursuant to subsection (1) of this
section, an authority shall, whenever possible, assess any such tax within the boundaries of
existing taxing districts in order to reduce the administrative costs of the department of
revenue.
Source: L. 97: Entire part added, p. 485, § 1, effective August 6. L. 2000: (l)(i.5)
added and (l)(j) and (2)(a) amended, p. 1175, § 3, effective August 2. L. 2005: (l)(d),
(l)(f), (lXi), (1)0.5X11), (D(i5)(IV), (l)(i.5)(V), (l)(j), (4), and (5) amended, p. 1061, § 5,
effective January 1, 2006. L. 2007: (l)(j)(I) amended, p. 978, § 1, effective January 1,
2008. L. 2008: (l)(j)(I) amended, p. 993, § 16, effective August 5. L. 2009: (1)0)(II)
amended, (HB 09-1342), ch. 354, p. 1851, § 16, effective July 1; (l)(j.5) added, (HB
09-1034), ch. 127, p. 548, § 1, effective August 5.
Cross references: For the legislative declaration contained in the 2005 act amending subsections
(l)(d), (l)(f), (lXi), (D(i5)(ID, (l)(i.5)(IV), (l)(i.5XV), (1)0), (4), and (5), see section 1 of chapter
269, Session Laws of Colorado 2005.
43-4-605*5, Preservation of state highway funding - legislative declaration. The
general assembly hereby finds and declares that moneys made available for regional
transportation systems pursuant to this part 6 shall not be used to supplant existing or
budgeted department of transportation funding of any portion of the state highway system
within the territory of any authority or any transportation planning region, as defined in
section 43-1-1102 (8), that includes any portion of the territory of the authority except as
described in detail in an intergovernmental agreement entered into pursuant to section
43-4-603 (1.5).
Source: L. 2005: Entire section added, p. 1064, § 6, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act enacting this section, see
section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-606. Establishment of regional transportation activity enterprises. (1) Any
authority may establish regional transportation activity enterprises for the purpose of
pursuing or continuing activities authorized by this part 6. Any regional transportation
activity enterprise established or maintained pursuant to this part 6 is not subject to the
provisions of section 20 of article X of the state constitution.
(2) (a) Each regional transportation activity enterprise shall be wholly owned by a
single authority and shall not be combined with any regional transportation activity
enterprise owned by another authority; except that each authority may establish more than
one regional transportation activity enterprise and each regional transportation activity
enterprise may conduct or continue to conduct one or more activities authorized by this part
6 as may be determined by the governing body of the regional transportation activity
enterprise.
(b) This subsection (2) does not limit the authority of a regional transportation activity
enterprise to contract with any other person or entity, including other authorities, other state
or local governments, or other regional transportation activity enterprises.
(3) The governing body of a regional transportation activity enterprise is the board of
the authority that owns the enterprise.
43-4-607 Transportation Title 43 - page 190
(4) The governing body for each regional transportation activity enterprise may exer-
cise the authority's legal authority relating to activities authorized by this part 6, but no
regional transportation activity enterprise may levy a tax that is subject to the requirements
of section 20 (4) of article X of the state constitution.
(5) Each regional transportation activity enterprise, through its governing body, may
issue or reissue revenue bonds in accordance with the provisions of section 43-4-609. Each
bond issued under this subsection (5) shall recite in substance that the bond, including the
interest thereon, is payable from the revenues and other available funds of the regional
transportation activity enterprise pledged for the payment thereof.
(6) The powers provided in this section for regional transportation activity enterprises
shall not modify, limit, or affect the powers conferred by any other law, either directly or
indirectly.
(7) Loan agreements subject to repayment or contracts to provide regional transporta-
tion systems or the use of property included in or in connection with a regional transpor-
tation system, which involve the payment of funds for such systems or the use of the
property to an authority or its regional transportation activity enterprise by a state or local
government or by another authority or regional transportation activity enterprise, are not
grants for purposes of the definition of enterprise under section 20 (2) (d) of article X of the
state constitution.
(8) An authority or its regional transportation activity enterprise may contract with any
other governmental or private source of funding for loans and grants related to regional
transportation activity enterprise functions.
(9) Revenues collected or spent by an authority for regional transportation systems or
the use of property included in or in connection with a regional transportation system
rendered or provided by a regional transportation activity enterprise owned by the authority
are not subject to the provisions of section 20 (4) and (7) of article X of the state
constitution.
(10) The rates or a change in the rates charged by an authority for regional transpor-
tation systems or for the use of property included in or in connection with a regional
transportation system rendered or provided by a regional transportation activity enterprise
owned by the authority are not taxes subject to the provisions of section 20 (4) and (7) of
article X of the state constitution.
(11) The authority granted to a regional transportation activity enterprise under this
section is in addition to all other authority provided by law. Nothing contained in this part
6 shall be construed to require the establishment, operation, or continuation of a regional
transportation activity enterprise or to limit the authority of any state or local government
to utilize other policies and procedures for establishing, operating, or continuing any
enterprise for any lawful purpose.
Source: L. 97: Entire part added, p. 489, § 1, effective August 6. L. 2005: Entire
section amended, p. 1064, § 7, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-607. Traffic laws - toll collection. (1) The traffic laws of this state and of any
municipality, in which a regional transportation system is constructed, operated, or main-
tained by an authority, and the authority's rules regarding toll collection and enforcement
shall pertain to and govern the use of any regional transportation system on which vehicles
subject to the traffic laws or rules are operated. State and local law enforcement authorities
are authorized to enter into traffic and toll enforcement agreements with authorities. Any
funds received by a state law enforcement authority pursuant to the toll enforcement
agreement are subject to annual appropriation by the general assembly to the law enforce-
ment authority for the purpose of performing its duties pursuant to the agreement.
(2) Any person who fails to pay a required fee, toll, rate, or charge for the privilege of
traveling on or using any property included in a regional transportation system pursuant to
this part 6 is subject to the penalty specified in sections 42-4-613 and 42-4-1701 (4) (a) (I)
(G), C.R.S.
Title 43 - page 191 Financing 43-4-609
Source: L. 97: Entire part added, p. 491, § 1, effective August 6. L. 2005: Entire
section amended, p. 1066, § 8, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-607.5. Streetscape enhancements - local and private authority. A local gov-
ernment whose jurisdiction includes territory within an authority may create, permit, or
contract streetscape enhancements within that territory.
Source: L. 2005: Entire section added, p. 1064, § 6, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act enacting this section, see
section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-608. Local improvement districts. The board, or the board of the regional
transportation district established under article 9 of title 32, C.R.S., in the case of any
authority whose territory is located in whole or in part within the boundaries of the district,
may establish local improvement districts within the boundaries of the authority to facilitate
the financing, construction, operation, or maintenance of regional transportation systems.
The board may establish local improvement districts whenever any area within the
boundaries of the authority, in the opinion of the board, will be especially benefited by the
financing, construction, operation, or maintenance of a regional transportation system. The
board shall not establish a local improvement district unless the board receives a petition
signed by the owners of the property that will bear a majority of the proposed assessments
and a petition signed by the lesser of a majority of the registered electorate in the proposed
district or one thousand registered electors in the proposed district The method of creating
local improvement districts, making the improvements, and assessing the costs thereof shall
be as provided in part 6 of article 20 of title 30, C.R.S.; except that the board shall perform
the duties of the board of county commissioners thereunder and the improvements shall be
regional transportation systems as defined by section 43-4-602 (16).
Source: L. 97: Entire part added, p. 491, § 1, effective August 6. L. 2005: Entire
section amended, p. 1066, § 9, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-609. Bonds. ( 1 ) The authority may, from time to time, issue bonds for any of its
corporate purposes. The authority shall issue the bonds pursuant to resolution of the board,
and the bonds shall be payable solely out of all or a specified portion of the revenues as
designated by the board.
(2) As provided in the resolution of the board under which the bonds are authorized to
be issued or as provided in a trust indenture between the authority and any commercial bank
or trust company having full trust powers, the bonds may:
(a) Be executed and delivered by the authority at such times;
(b) Be in such form and denominations and include such terms and maturities;
(c) Be subject to optional or mandatory redemption prior to maturity with or without a
premium;
(d) Be in fully registered form or bearer form registrable as to principal or interest or
both;
(e) Bear such conversion privileges;
(f) Be payable in such installments and at such times not exceeding forty years from the
date thereof;
(g) Be payable at such place or places whether within or without the state;
43-4-610 Transportation Title 43 - page 192
(h) Bear interest at such rate or rates per annum, which may be fixed or vary according
to index, procedure, or formula or as determined by the authority or its agents, without
regard to any interest rate limitation appearing in any other law of the state;
(i) Be subject to purchase at the option of the holder or the authority and be evidenced
in such manner;
(j) Be executed by the officers of the authority, including the use of one or more
facsimile signatures so long as at least one manual signature appears on the bonds, which
signatures may be either of an officer of the authority or of an agent authenticating the same;
(k) Be in the form of coupon bonds that have attached interest coupons bearing a
manual or facsimile signature of an officer of the authority; and
(1) Contain such provisions not inconsistent with this part 6.
(3) The bonds may be sold at public or private sale at such price or prices, in such
manner, and at such times as determined by the board, and the board may pay all fees,
expenses, and commissions that it deems necessary or advantageous in connection with the
sale of the bonds. The power to fix the date of sale of the bonds, to receive bids or proposals,
to award and sell bonds, to fix interest rates, and to take all other action necessary to sell
and deliver the bonds may be delegated to an officer or agent of the authority. Any
outstanding bonds may be refunded by the authority pursuant to article 56 of title 11, C.R.S.
All bonds and any interest coupons applicable thereto are declared to be negotiable
instruments.
(4) The resolution or trust indenture authorizing the issuance of the bonds may pledge
all or a portion of the revenues of the authority, may contain such provisions for protecting
and enforcing the rights and remedies of holders of any of the bonds as the authority deems
appropriate, may set forth the rights and remedies of the holders of any of the bonds, and
may contain provisions that the authority deems appropriate for the security of the holders
of the bonds, including, but not limited to, provisions for letters of credit, insurance, standby
credit agreements, or other forms of credit ensuring timely payment of the bonds, including
the redemption price or the purchase price.
(5) Any pledge of revenues or property made by the authority or by any person or
governmental unit with which the authority contracts shall be valid and binding from the
time the pledge is made. The revenues or property so pledged shall immediately be subject
to the lien of the pledge without any physical delivery or further act, and the lien of the
pledge shall be valid and binding against all parties having claims of any kind in tort,
contract, or otherwise against the pledging party, irrespective of whether such claiming
party has notice of such lien. The instrument by which the pledge is created need not be
recorded or filed.
(6) Neither the directors of the board, employees of the authority, or any person
executing the bonds shall be liable personally on the bonds or subject to any personal
liability or accountability by reason of the issuance thereof.
(7) The authority may purchase its bonds out of any available funds and may hold,
pledge, cancel, or resell the bonds subject to and in accordance with agreements with the
holders thereof.
Source: L. 97: Entire part added, p. 492, § 1, effective August 6.
43-4-610. Cooperative powers. (1) The authority has the power to cooperate with
any person:
(a) To accept contributions, loans, advances, or liens securing obligations to or of the
authority from any person with respect to the financing, construction, operation, or
maintenance of a regional transportation system and, in connection with any loan or
advance, to enter into contracts establishing the repayment terms;
(b) To enter into contracts with respect to and to cooperate in the financing, construc-
tion, operation, or maintenance of a specified regional transportation system;
(c) To enter into joint operating contracts concerning a regional transportation system;
(d) To acquire easements or rights-of-way for a regional transportation system;
Title 43 - page 193 Financing 43-4-612
(e) To transfer dominion over all or any portion of a regional transportation system
financed, constructed, operated, or maintained by the authority to the federal government,
the state government, other governmental units, or any person; and
(f) To designate a regional transportation system as part of the federal highway system,
the state highway system, a county highway system, or a municipal highway system if the
person with jurisdiction over the applicable highway system consents to the designation.
Source: L. 97: Entire part added, p. 494, § 1, effective August 6. L. 2005: Entire
section amended, p. 1066, § 10, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-611. Powers of governmental units. (1) A governmental unit, for the purpose
of aiding and cooperating in the financing, construction, operation, or maintenance of any
regional transportation system, has the power:
(a) To sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise dispose to
the authority any real or personal property or interests therein;
(b) To enter into agreements with any person for the joint financing, construction,
operation, or maintenance of any regional transportation system. Upon compliance with
applicable constitutional or charter limitations, the governmental unit may agree to make
payments, without limitation as to amount except as set forth in the agreement, from
revenues received from one or more fiscal years, to the authority or any person to defray the
costs of the financing, construction, operation, or maintenance of a regional transportation
system.
(c) To transfer or assign to the authority any contracts that may have been awarded by
the governmental unit for construction, operation, or maintenance of any regional trans-
portation system.
(2) To assist in the financing, construction, operation, or maintenance of a regional
transportation system, any county, municipality, or special district that is a member of a
combination may, by contract, pledge to the authority all or a portion of the revenues it
receives from the highway users tax fund or from any other legally available funds. The
authority shall apply revenues that it receives pursuant to the pledge to the financing,
construction, operation, or maintenance of any regional transportation system. The authority
may refuse to accept any revenues that would cause a member of the combination to exceed
its allowable fiscal year spending under section 20 of article X of the state constitution and
that could result in a refund of excess revenues under said section 20.
Source: L. 97: Entire part added, p. 494, § 1, effective August 6. L. 2005: Entire
section amended, p. 1067, § 11, effective January 1, 2006. L. 2010: (2) amended, (HB
10-1243), ch. 385, p. 1805, § 5, effective August 11.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-612. Referendum. (1) No action by an authority to establish or increase any tax
authorized by this part 6 shall take effect unless first submitted to a vote of the registered
electors of that portion of the combination in which the tax is proposed to be collected.
(2) No action by an authority creating a multiple fiscal year debt or other financial
obligation that is subject to section 20 (4) (b) of article X of the state constitution shall take
effect unless first submitted to a vote of the registered electors residing within the
boundaries of the authority; except that no such vote is required for obligations of regional
transportation activity enterprises established under section 43-4-606 or for obligations of
any other enterprise under section 20 (2) (d) of article X of the state constitution.
(3) The questions proposed to the registered electors under subsections (1) and (2) of
this section shall be submitted at a general election or any election to be held on the first
43-4-613 Transportation Title 43 - page 194
Tuesday in November of an odd-numbered year. The action shall not take effect unless a
majority of the registered electors voting thereon at the election vote in favor thereof. The
election shall be conducted in substantially the same manner as county elections, and the
county clerk and recorder of each county in which the election is conducted shall assist the
authority in conducting the election. The authority shall pay the costs incurred by each
county in conducting such an election. No moneys of the authority may be used to urge or
^ppose passage of an election required under this section.
Source: L. 97: Entire part added, p. 495, § 1, effective August 6. L. 2005: (2) amended,
p. 1068, § 12, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending subsection
(2), see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-613. Notice - opportunity for comment ( 1 ) The board of any authority created
pursuant to this part 6, at least forty-five days prior to any meeting at which the board shall
consider or take action on a proposal to establish, increase, or decrease any tax or fee
authorized by this part 6, shall deliver written notice of the meeting and proposal to any
county and any municipality where the proposed tax or fee would be imposed. Prior to the
taking of any action on any such proposal by the board of any authority, counties, and
municipalities entitled to receive notice pursuant to this section shall be afforded a
reasonable opportunity for comment, either at a regular meeting of the board or at a special
meeting convened to receive such comment.
(2) The board of any authority created pursuant to this part 6, at least seven business
days prior to any regularly scheduled meeting, shall make available to the public written or
electronic notice of the time and agenda of such meeting. The board shall designate during
each meeting a public comment period that shall be at least one hour in duration and shall
offer the public an opportunity to comment during such period. Such period may be
abridged when the public is finished offering comments.
Source: L. 97: Entire part added, p. 495, § 1, effective August 6. L. 2002: Entire
section amended, p. 401, § 2, effective August 7.
43-4-614. Notice - coordination of information. (1) (a) At least forty-five days
prior to the creation of any authority pursuant to this part 6, a notice containing the proposed
boundaries of the authority and the methods proposed for financing regional transportation
systems in the authority shall be sent to the division and to the department of revenue.
(b) At least forty-five days prior to the imposition of or any increase in any fee or tax
or prior to the issuance of any bonds authorized in this part 6, a notice specifying the amount
of the fee or tax and its proposed duration or the value and number of bonds to be issued
shall be sent to the division. The notice required by this paragraph (b) is not necessary if
the required information has previously been provided in the notice required by paragraph
(a) of this subsection (1).
(c) At the time the notice required in paragraph (a) or (b) of this subsection (1) is sent
to the division, a copy of the notice shall be filed with the state auditor and the transportation
commission.
(2) The division shall forward copies of any such notice to the department of trans-
portation if the division determines that the proposed authority or the tax, fee, or bonds will
have an impact on any operations of that department.
(3) (a) The division shall file an annual report with the state auditor and transportation
commission concerning the activities of authorities created pursuant to this part 6. The
report shall detail how many authorities have been created, describe their boundaries, and
specify the regional transportation systems that are being provided and how they are being
financed.
(b) The division shall notify the state auditor and the transportation commission either
in the report required by paragraph (a) of this subsection (3) or by letter, if it deems that
Title 43 - page 195 Financing 43-4-618
immediate notification is warranted, of any situation relating to the creation of an authority,
the imposition of any fee or tax, or the issuance of any bonds by an authority that the
division believes or has reason to believe will adversely affect the tax-raising ability or the
credit or bond rating of any governmental unit.
(4) The board and staff of the authority shall cooperate with the transportation legis-
lation review committee in carrying out the committee* s duties pursuant to section 43-2-145
(1.9).
Source: L. 97: Entire part added, p. 496, § 1, effective August 6. L. 2002: (l)(a) and
(4) amended, p. 874, § 15, effective August 7. L. 2005: (l)(a) and (3)(a) amended, p. 1068,
§ 13, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending subsections
(l)(a) and (3)(a), see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-615. Agreement of the state not to limit or alter rights of obligees. The state
hereby pledges and agrees with the holders of any bonds issued under this part 6 and with
those parties who enter into contracts with an authority or any member of the combination
pursuant to this part 6 that the state will not impair the rights vested in the authority or the
rights or obligations of any person with which the authority contracts to fulfill the terms of
any agreements made pursuant to this part 6. The state further agrees that it will not impair
the rights or remedies of the holders of any bonds of the authority until the bonds have been
paid or until adequate provision for payment has been made. The authority may include this
provision and undertaking for the state in such bonds.
Source: L. 97: Entire part added, p. 497, § 1, effective August 6.
43-4-616. Investments. An authority may invest or deposit any funds in the manner
provided by part 6 of article 75 of title 24, C.R.S. In addition, an authority may direct a
corporate trustee that holds funds of the authority to invest or deposit the funds in
investments or deposits other than those specified by said part 6 if the board determines, by
resolution, that the investment or deposit meets the standard established in section 15-1-
304, C.R.S., the income is at least comparable to income available on investments or
deposits specified by said part 6, and the investment will assist the authority in the
financing, construction, operation, or maintenance of regional transportation systems.
Source: L. 97: Entire part added, p. 497, § 1, effective August 6. L. 2005: Entire
section amended, p. 1068, § 14, effective January 1, 2006.
Cross references: For the legislative declaration contained in the 2005 act amending this section,
see section 1 of chapter 269, Session Laws of Colorado 2005.
43-4-617. Bonds eligible for investment All banks, trust companies, savings and loan
associations, insurance companies, executors, administrators, guardians, trustees, and other
fiduciaries may legally invest any moneys within their control in any bonds issued under
this part 6. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public
funds in the bonds only if the bonds satisfy the investment requirements established in part
6 of article 75 of title 24, C.R.S.
Source: L. 97: Entire part added, p. 497, § 1, effective August 6.
43-4-618. Exemption from taxation - securities laws. The income or other revenues
of an authority, all properties at any time owned by an authority, any bonds issued by an
authority, and the transfer of and the income from any bonds issued by an authority are
exempt from all taxation and assessments in the state. In the resolution or indenture
authorizing the bonds, an authority may waive the exemption from federal income taxation
for interest on the bonds.
43-4-619 Transportation Title 43 - page 196
Source: L. 97: Entire part added, p. 497, § 1, effective August 6.
43-4-619. No action maintainable. An action or proceeding at law or in equity to
review any acts or proceedings or to question the validity or enjoin the performance of any
act or proceedings or the issuance of any bonds or for any other relief against or from any
acts or proceedings done under this part 6, whether based upon irregularities or jurisdic-
tional defects, shall not be maintained unless commenced within thirty days after the
performance of the act or proceedings or the effective date thereof, whichever occurs first,
and is thereafter perpetually barred.
Source: L. 97: Entire part added, p. 497, § 1, effective August 6.
43-4-620. Judicial examination of powers, acts, proceedings, or contracts of an
authority. In its discretion, the board of an authority may file a petition at any time in the
district court in and for any county in which the authority is located wholly or in part
praying for a judicial examination and determination of any power conferred to the
authority, any revenue-raising power exercised or that may be exercised by the authority, or
any act, proceeding, or contract of the authority, whether or not the contract has been
executed. The judicial examination and determination shall be conducted in substantially
the manner set forth in section 32-4-540, C.R.S.; except that the notice required shall be
published once a week for three consecutive weeks and the hearing shall be held not less
than thirty days or more than forty days after the filing of the petition.
Source: L. 97: Entire part added, p. 498, § 1, effective August 6.
43-4-621. Calculation of fiscal year spending limit - first full fiscal year's spending
as base. (1) For the purpose of determining any authority's fiscal year spending limit
under section 20 (7) (b) of article X of the state constitution, the initial spending base of the
authority shall be the amount of revenues collected by the authority from sources not
excluded from fiscal year spending pursuant to section 20 (2) (e) of article X of the state
constitution during the first full fiscal year for which the authority collected revenues.
(2) For purposes of this section, "fiscal year" means any year-long period used by an
authority for fiscal accounting purposes.
Source: L. 2000: Entire section added, p. 1177, § 4, effective August 2.
PART 7
TRANSPORTATION REVENUE ANTICIPATION NOTES
43-4-701. Legislative declaration. (1) The general assembly hereby finds and de-
clares that:
(a) The rapid growth of the economy of this state has prompted new and ever-
increasing uses of public highways, roads, and other transportation infrastructure, and the
existing transportation infrastructure of this state cannot accommodate such greatly in-
creased uses;
(b) One of the major concerns of the citizens of this state is the ability of the state and
local governments to address the long-term transportation infrastructure needs of this state
that are critical to the continued growth of the state* s economy and the maintenance of
citizens' quality of life;
(c) In an attempt to address this concern, the state has significantly increased the
amount of state revenues available in recent years to fund critical, priority transportation
infrastructure needs, but current transportation funding mechanisms do not provide ade-
quate revenues to keep pace with the increasing demands on transportation infrastructure
statewide;
Title 43 - page 197 Financing 43-4-702
(d) By utilizing revenue anticipation notes for the financing of transportation projects
that may be financed, in whole or in part, with federal transportation funds, a significant
amount of up-front revenues can be generated for such federal aid transportation projects
which will enable the state to design and construct such transportation projects without
using revenues available for other important transportation projects;
(e) Utilizing revenue anticipation notes to finance federal aid transportation projects
also results in significant cost savings to the state, since such transportation projects can be
completed at present-day costs and at an accelerated pace, but the state needs to be able to
act quickly to issue revenue anticipation notes in order to realize these cost savings; and
(f) It is reasonable and necessary to utilize revenue anticipation notes for the financing
of federal aid transportation projects.
(2) The general assembly further finds and declares that:
(a) The current and long-standing process of funding the transportation infrastructure
needs of the state, which involves the continuous appropriation of certain state revenues to
the department of transportation by the general assembly and the annual allocation of state
and federal funds to specific projects and purposes by the transportation commission, is
intended to ensure that such funding decisions are based on annual determinations of
revenue availability and transportation infrastructure needs statewide;
(b) Making the payment of revenue anticipation notes issued in accordance with this
part 7 subject to annual allocation by the transportation commission is equivalent to making
such payments subject to annual legislative appropriation, since the annual allocation
process requires the transportation commission to make the same annual budgeting deci-
sions that the general assembly makes through the appropriation process;
(c) Revenue anticipation notes issued in accordance with the provisions of this part 7
that evidence the right to receive payments in subsequent fiscal years contingent upon funds
for such payments being allocated on an annual basis in the sole discretion of the
transportation commission do not constitute "a debt by loan in any form" under section 3
of article XI of the state constitution based upon the Colorado supreme court's decision in
Submission of Interrogatories on House Bill 99-1325, Case No. 99SA108 (April 23, 1999),
since the notes are not a legally enforceable obligation against the state in future years and
the annual allocation of such funds for the payment of such notes is in the sole discretion
of the transportation commission; and
(d) In accordance with the Colorado supreme court decision in Submission of Inter-
rogatories on House Bill 99-1325, Case No. 99SA108 (April 23, 1999), the proceeds of any
transportation revenue anticipation notes issued in accordance with this part 7 are not
included in state fiscal year spending for purposes of section 20 of article X of the state
constitution and article 77 of title 24, C.R.S.
Source: L. 99: Entire part added, p. 1108, § 1, effective June 2.
43-4-702. Definitions. As used in this part 7, unless the context otherwise requires:
(1) "Commission*' means the transportation commission created by section 43-1-106.
(2) "Department" means the department of transportation created by part 1 of article 1
of this title.
(3) "Executive director" means the executive director of the department.
(4) "Federal transportation funds" means:
(a) Funds paid to the department by the United States department of transportation; and
(b) Funds paid to any political subdivision by the United States department of trans-
portation that are subsequently paid to the department by such political subdivision.
(5) "Political subdivision" means any municipality, county, city and county, or other
political subdivision of the state.
(6) "Qualified federal aid transportation project" means any project that may be
financed, in whole or in part, with federal transportation funds.
(7) "Revenue anticipation notes" or "notes" means revenue anticipation notes autho-
rized by and issued in accordance with this part 7.
43-4-703 Transportation Title 43 - page 198
(8) "State matching funds** means revenues other than federal transportation funds that
are credited to the state highway fund or the state highway supplementary fund in
accordance with section 43-1-220 and that may be used by the department to pay the costs
of any qualified federal aid transportation projects.
Source: L. 99: Entire part added, p. 1110, § 1, effective June 2. L. 2001: (2) amended,
p. 1287, § 78, effective June 5.
43-4-703. Submission of ballot question regarding issuance of transportation rev-
enue anticipation notes. ( 1 ) The secretary of state shall submit a ballot question to a vote
of the registered electors of the state of Colorado at the statewide election to be held in
November, 1999, for their approval or rejection. Each elector voting at said November
election shall cast a vote as provided by law either "Yes** or "No** on the proposition:
"Shall state of Colorado debt be increased up to $1,700,000,000, with a maximum
repayment cost of $2,300,000,000, with no increase in any taxes, for the purpose of
addressing the critical, priority transportation needs in the state by financing transportation
projects that qualify for federal funding through the issuance of revenue anticipation notes,
and shall earnings on the proceeds of such notes constitute a voter-approved revenue
change?**
(2) The votes cast for the adoption or rejection of the question submitted pursuant to
subsection (1) of this section shall be canvassed and the result determined in the manner
provided by law for the canvassing of votes for representatives in congress.
Source: L. 99: Entire part added, p. 1110, § 1, effective June 2.
Editor's note: The ballot question specified in subsection (1) was referred to the voters on
November 2, 1999, and was approved by the voters with the following vote count:
FOR: 477,982
AGAINST: 296,971
ANNOTATION
Transportation revenue anticipation notes whatsoever" that requires voter approval,
issued in accordance with this part 7 consti- Submission of Interrogatories on House Bill
tute a "multiple-fiscal year direct or indirect 99-1325, 979 P.2d 549 (Colo. 1999).
district debt or other financial obligation
43-4-704. Powers of executive director. The executive director is authorized to enter
into contracts with the federal government, the state of Colorado, any state institution or
agency, any political subdivision, any department, agency, or instrumentality of a political
subdivision, and any political or public corporation of the state, and with any person
necessary or incidental to the performance of the duties and the execution of the powers of
the executive director under this part 7.
Source: L. 99: Entire part added, p. 1111, § 1, effective June 2.
43-4-705. Revenue anticipation notes. (1) Subject to the provisions of this part 7,
the executive director, on behalf of the department, from time to time, may issue revenue
anticipation notes for the purpose of financing any qualified federal aid transportation
projects.
(2) (a) Subject to the provisions of this subsection (2), the principal of and interest on
revenue anticipation notes and any costs associated with the issuance and administration of
such notes shall be payable solely from:
(I) Federal transportation funds and state matching funds that are allocated on an annual
basis for such purpose by the commission, in its sole discretion, in accordance with section
43-1-113;
Title 43 - page 199 Financing 43-4-705
(II) Any proceeds of such notes and any earnings from the investment of such note
proceeds pledged for such purpose; and
(IE) Any other revenues, funds, or other security pledged for such purpose that do not
constitute revenues or funds of the state.
(b) The owners or holders of the revenue anticipation notes may not look to any other
revenues of the state for the payment of the notes.
(c) (I) (A) The portion of the principal of and interest on revenue anticipation notes
and the costs associated with the issuance and administration of such notes that may be paid
from federal transportation funds pursuant to federal law and any agreement between the
United States department of transportation and the department or the political subdivision
that is or is to be the initial recipient of such federal transportation funds, hereinafter
referred to in this subsection (2) as "the federal share of principal, interest, and costs", shall
be paid from federal transportation funds that the commission, in its sole discretion, has
allocated on an annual basis for this purpose in accordance with section 43-1-113.
(B) If federal transportation funds are not sufficient to pay the federal share of principal,
interest, and costs when due, the executive director shall request and the commission may
grant such request to temporarily pay the federal share of principal, interest, and costs with
state matching funds that the commission, in its sole discretion, has allocated on an annual
basis for this purpose in accordance with section 43-1-113.
(II) Notwithstanding the provisions of section 43-1-220 (2) (c) and (2) (h), the state
highway fund, the state highway supplementary fund, or both, shall be reimbursed for the
amount of moneys in said fund or funds used in accordance with subparagraph (I) of this
paragraph (c) from federal transportation funds that the commission determines are not
needed in the future to pay the federal share of principal, interest, and costs.
(d) No moneys credited to the state highway fund that are required to be expended in
accordance with the provisions of section 18 of article X of the state constitution shall be
allocated and used to pay revenue anticipation notes financing any qualified federal aid
transportation project that is not a state highway project or to pay any costs associated with
the issuance and administration of such notes.
(3) (a) The executive director shall issue revenue anticipation notes pursuant to a
certificate executed by the executive director, a trust indenture between the executive
director and any commercial bank or trust company having full trust powers, or any other
instrument issued by the executive director.
(b) As the executive director deems appropriate, the certificate, trust indenture, or other
instrument authorizing revenue anticipation notes may contain such provisions setting forth
the rights and remedies of the owners or holders of the revenue anticipation notes, may
contain such provisions for protecting and enforcing the rights and remedies of the owners
or holders of the revenue anticipation notes as the executive director deems appropriate, and
may contain such other provisions that the executive director deems appropriate for the
security of the owners or holders of the revenue anticipation notes. Such provisions may
include, but shall not be limited to, provisions regarding letters of credit, insurance,
stand-by credit agreements, or other forms of credit ensuring timely payment of the revenue
anticipation notes, including the redemption price or the purchase price, and provisions
regarding the reimbursement of providers of such credit out of revenues available for the
payment of principal of and interest on the revenue anticipation notes for any amounts paid
by such providers with respect to such notes.
(4) (a) Subject to the provisions of paragraph (b) of this subsection (4), revenue
anticipation notes may be issued in such aggregate principal amount, may be issued in one
or more series, may bear such dates, may be in such denomination or denominations, may
mature on any date or dates, may mature in such amount or amounts, may be in such form,
may be payable at such place or places, may be subject to such terms of redemption with
or without a premium, may contain such provisions as the executive director deems
appropriate regarding insurance to ensure the timely payment of the notes, and may contain
such other provisions not inconsistent with the provisions of this part 7 as the executive
director may determine.
(b) The aggregate amount of annual installments of principal and interest on all revenue
anticipation notes issued pursuant to this part 7 that are scheduled to be paid during any
43-4-705 Transportation Title 43 - page 200
given fiscal year, determined as of the date of issuance of each series of notes, shall not
exceed an amount equal to fifty percent of the aggregate amount of federal transportation
funds paid to the department during the fiscal year immediately preceding the fiscal year in
which such series of notes is issued.
(5) The rate or rates of interest borne by the revenue anticipation notes may be fixed,
adjustable, or variable or any combination thereof without regard to any interest rate
limitation appearing in any other law of this state. If any rate or rates are adjustable or
variable, the standard, index, method, or formula shall be determined by the executive
director.
(6) Revenue anticipation notes may be sold at public or private sale and may be sold
at, above, or below the principal amounts thereof. The sale of such notes shall not be subject
to the "Procurement Code", articles 101 to 112 of title 24, C.R.S.
(7) Revenue anticipation notes shall be signed on behalf of the department by the
executive director and the chief engineer of the department. Pursuant to article 55 of title
11, C.R.S., the signatures of the executive director and the chief engineer of the department
may be facsimile signatures imprinted, engraved, stamped, or otherwise placed on the
revenue anticipation notes. If all of the signatures on the revenue anticipation notes are
facsimile signatures, provision shall be made for a manual authenticating signature on the
revenue anticipation notes by or on behalf of a designated authenticating agent.
(8) The power to fix the date of sale of the revenue anticipation notes, to receive bids
or proposals, to award and sell revenue anticipation notes, to fix interest rates, and to take
all other action necessary to sell and deliver the notes may be delegated to an agent of the
executive director.
(9) Any outstanding revenue anticipation notes may be refunded by the executive
director pursuant to article 56 of title 11, C.R.S. All revenue anticipation notes are declared
to be negotiable instruments.
(10) The executive director is authorized to engage the services of such consultants,
financial advisors, underwriters, bond insurers, letter of credit banks, rating agencies,
agents, or other persons whose services may be required or deemed advantageous by the
executive director in connection with such revenue anticipation notes. The executive
director shall contract for such services in accordance with the "Procurement Code",
articles 101 to 112 of title 24, C.R.S.; except that contracting for services of bond insurers,
letter of credit banks, and rating agencies shall not be subject to the "Procurement Code".
(11) The executive director may, with respect to revenue anticipation notes that have
been issued or proposed revenue anticipation notes, enter into interest rate exchange
agreements in accordance with article 59.3 of title 11, C.R.S.
(12) (a) The proceeds from the issuance of revenue anticipation notes that are not
otherwise pledged for the payment of such notes, state matching funds, or federal trans-
portation funds, any of which have been allocated on an annual basis by the commission,
in its sole discretion, in accordance with section 43-1-113 for the payment of revenue
anticipation notes or any costs associated with the issuance and administration of such
notes, are pledged and shall be used only for the purpose or purposes for which such
revenues are allocated. The proceeds from the issuance of revenue anticipation notes that
are pledged pursuant to section 43-4-707 (1) shall be used only for the purpose or purposes
for which such revenues are pledged. Any such pledge shall be valid and binding from the
time the commission makes the allocation; except that any pledge of revenue anticipation
note proceeds pursuant to section 43-4-707 (1) shall be valid and binding from the date of
issuance of such notes. The pledge shall create a valid security interest, and such revenues
shall immediately be subject to the lien of the pledge and security interest without any
physical delivery or further act, and the lien of the pledge and security interest shall be valid
and binding against all parties having claims of any kind in tort, contract, or otherwise
against the pledging party irrespective of whether such claiming party has notice of such
lien. The instrument by which the pledge and security interest is created need not be
recorded or filed in order to perfect such pledge and security interest.
(b) Notwithstanding any other provision of law to the contrary, including but not
limited to section 24-91-103.6, C.R.S., the lien of the pledge and security interest on any
revenue anticipation note proceeds shall not affect the authority of the department to enter
Title 43 - page 201 Financing 43-4-707
into contracts for the design and construction of any qualified federal aid transportation
project.
(13) Notwithstanding any other provision of this part 7 to the contrary, the executive
director shall have the authority to issue revenue anticipation notes pursuant to this part 7
only if voters statewide approve the ballot question submitted at the November, 1999,
statewide election pursuant to section 43-4-703 (1) and only then to the extent allowed
under the maximum amounts of debt and repayment cost so approved
Source: L. 99: Entire part added, p. 1111, § 1, effective June 2.
43-4-706. Financial obligations subject to annual budget allocation. (1) Any
revenue anticipation notes issued in accordance with this part 7 shall constitute a contract
between the department and the owner or holder thereof. In no event shall any decision by
the commission not to allocate revenue anticipation note proceeds not otherwise pledged,
state matching funds, or federal transportation funds in any given fiscal year for the payment
of such notes or any costs associated with the issuance and administration of such notes be
construed to constitute an action impairing such contract.
(2) (a) Every contract entered into by the executive director pursuant to the provisions
of this part 7 shall provide that all financial obligations of the state under such contracts are
subject to allocation on an annual basis by the commission, in its sole discretion, in
accordance with section 43-1-113 and that such contracts shall not be deemed or construed
as creating an indebtedness of the state within the meaning of the state constitution or the
laws of the state of Colorado concerning or limiting the creation of indebtedness by the state
of Colorado.
(b) In addition, revenue anticipation notes issued by the executive director pursuant to
the provisions of this part 7 and every contract relating to the issuance of such notes shall
provide that all financial obligations of the state in regard to the portion of the principal of
and interest on such notes and the costs associated with the issuance and administration of
such notes that may be paid from federal transportation funds pursuant to federal law and
any agreement between the United States department of transportation and the department
or the political subdivision that is or is to be the initial recipient of such federal transpor-
tation funds are subject to continuing federal appropriations of federal transportation funds
at a level equal to or greater than the amount needed to pay the federal share of principal,
interest, and costs on the revenue anticipation notes.
(3) The executive director may pay all fees, expenses, and commissions that the
executive director deems necessary or advantageous in connection with the sale of notes.
(4) Neither the members of the commission, the executive director, nor any person
executing revenue anticipation notes in accordance with the provisions of this part 7 shall
be liable personally on the notes or be subject to any personal liability or accountability by
reason of the issuance thereof.
Source: L. 99: Entire part added, p. 1115, § 1, effective June 2.
43-4-707. Note proceeds. (1) The certificate, trust indenture, or other instrument
authorizing the issuance of revenue anticipation notes in accordance with the provisions of
this part 7 may pledge all or any portion of the proceeds from the issuance of such notes
to the payment of such notes and any costs associated with the issuance and administration
of such notes.
(2) Any proceeds from the issuance of revenue anticipation notes in accordance with
the provisions of this part 7 that are not pledged for the payment of such notes and any costs
associated with the issuance and administration of such notes shall be credited to the state
highway supplementary fund and shall be used to finance qualified federal aid transporta-
tion projects, to pay such notes, to pay the costs of issuing and administering such revenue
anticipation notes, and to pay any other expense or charge incurred in connection with
actions of the executive director authorized by the provisions of this part 7.
43-4-708 Transportation Title 43 - page 202
(3) Any proceeds from the issuance of such notes and any earnings on such proceeds
shall not be included in state fiscal year spending, as defined by section 24-77-102 (17) (a),
C.R.S., for any given fiscal year for purposes of section 20 of article X of the state
constitution and article 11 of title 24, C.R.S.
Source: L. 99: Entire part added, p. 1116, § 1, effective June 2.
43-4-708. Investments. (1) Any proceeds from the issuance of revenue anticipation
notes or any other moneys relating to such notes that are credited to the state highway
supplementary fund shall be invested in the same manner as all other moneys credited to
said fund as provided by law.
(2) The executive director, in consultation with the state treasurer, may direct a
corporate trustee that holds any proceeds from the issuance of revenue anticipation notes or
any other moneys paid to such trustee in connection with such notes to invest or deposit
such moneys in investments or deposits other than those in which moneys in the state
highway supplementary fund may be invested or deposited if the executive director, in
consultation with the state treasurer, determines that such investment or deposit meets the
standard established in section 15-1-304, C.R.S., the income is at least comparable to
income available on investments or deposits of moneys in the state highway supplementary
fund, and the investment will assist the department in the financing, construction, operation,
or maintenance of qualified federal aid transportation projects.
Source: L. 99: Entire part added, p. 1116, § 1, effective June 2.
43-4-709. Powers of political subdivisions. (1) A political subdivision, for the
purpose of aiding and cooperating in the financing, construction, operation, or maintenance
of any qualified federal aid transportation project, has the power:
(a) To sell, lease, loan, donate, grant, convey, assign, or otherwise transfer to the
department any real or personal property or interests therein;
(b) To enter into agreements with any person for the joint financing, construction,
operation, or maintenance of any qualified federal aid transportation project. Upon com-
pliance with applicable constitutional or charter limitations, the political subdivision may
agree to make payments, without limitation as to amount except as set forth in the
agreement, from revenues received in one or more fiscal years to the department or any
person to defray the costs of the financing, construction, operation, or maintenance of any
qualified federal aid transportation project.
(c) To transfer or assign to the department any contracts that may have been awarded
by the political subdivision for construction, operation, or maintenance of any qualified
federal aid transportation project.
(2) To assist in the financing, construction, operation, or maintenance of a qualified
federal aid transportation project, any political subdivision may, by contract, pledge to the
department all or a portion of federal transportation funds paid to the political subdivision,
the revenues the political subdivision receives from the highway users tax fund, or the
revenues from any other legally available source.
Source: L. 99: Entire part added, p. 1116, § 1, effective June 2.
43-4-710. Notes legal investments. All banks, trust companies, savings and loan
associations, insurance companies, executors, administrators, guardians, trustees, and other
fiduciaries may legally invest any moneys within their control in any revenue anticipation
notes issued in accordance with this part 7. Public entities, as defined in section 24-75-601
(1), C.R.S., may invest public funds in such revenue anticipation notes only if the notes
satisfy the investment requirements established in part 6 of article 75 of tide 24, C.R.S.
Source: L. 99: Entire part added, p. 1117, § 1, effective June 2.
Title 43 - page 203 Financing 43-4-715
43-4-711. Exemption from taxation. Except as otherwise provided in this section, the
income from revenue anticipation notes is exempt from all taxation and assessments in the
state. In the certificate, indenture of trust, or other instrument authorizing the issuance of
such notes, the executive director may waive the exemption from federal or state income
taxation for interest on the notes.
Source: L. 99: Entire part added, p. 1117, § 1, effective June 2.
43-4-712. No action maintainable. An action or proceeding at law or in equity to
review any acts or proceedings or to question the validity or enjoin the performance of any
act or proceedings or the issuance of any revenue anticipation notes or for any other relief
against or from any acts or proceedings done under this part 7, whether based upon
irregularities or jurisdictional defects, shall not be maintained unless commenced within
thirty days after the performance of the act or proceedings or the effective date thereof,
whichever occurs first, and is thereafter perpetually barred.
Source: L. 99: Entire part added, p. 1117, § 1, effective June 2.
43-4-713. Annual reports. (1) No later than January 15, 2001, and no later than
January 15 of each year thereafter, the executive director shall submit a report to the
members of the joint budget committee of the general assembly, the members of the
legislative audit committee of the general assembly, the chair of the transportation and
energy committee of the house of representatives, and the chair of the transportation
committee of the senate that includes, at a minimum, the following information:
(a) The total amount of revenue anticipation notes issued by the executive director in
accordance with this part 7;
(b) The qualified federal aid transportation projects for which the proceeds from such
revenue anticipation notes have been expended, the amount of note proceeds expended on
each project, the status of each project, and the estimated date of completion for such
projects not yet completed;
(c) The total amount of federal transportation funds paid to the department since such
revenue anticipation notes have been issued; and
(d) The total amount of proceeds from the issuance of revenue anticipation notes, state
matching funds, and federal transportation funds allocated by the commission in each state
fiscal year for the payment of such revenue anticipation notes and the costs associated with
the issuance and administration of such notes.
Source: L. 99: Entire part added, p. 1118, § 1, effective June 2.
43-4-714. Priority of strategic transportation project investment program. If the
executive director issues any revenue anticipation notes in accordance with the provisions
of this part 7, the proceeds from the sale of such notes that are not otherwise pledged for
the payment of such notes shall be used for the qualified federal aid transportation projects
included in the strategic transportation project investment program of the department of
transportation.
n
Source: L. 99: Entire part added, p. 1118, § 1, effective June 2.
43-4-715. Construction of part The powers conferred by this part 7 shall be in
addition and supplemental to, and not in substitution for, and the limitations imposed by this
part 7 shall not directly or indirectly modify, limit, or affect, the powers conferred to the
executive director, the commission, or the department by any other law.
Source: L. 99: Entire part added, p. 1118, § 1, effective June 2.
43-4-801 Transportation Title 43 - page 204
PART 8
FUNDING ADVANCEMENT FOR SURFACE
TRANSPORTATION AND ECONOMIC RECOVERY
Editor's note: This part 8 was added in 2002. This part 8 was repealed and reenacted in 2009,
resulting in the addition, relocation, and elimination of sections as well as subject matter. For
amendments to this part 8 prior to 2009, consult the Colorado statutory research explanatory note
beginning on page vii or this volume. Former C.R.S. section numbers are shown in editor's notes
following those sections that were relocated.
43-4-801. Short title. This part 8 shall be known and may be cited as the "Funding
Advancements for Surface Transportation and Economic Recovery Act of 2009".
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 10, § 1, effective March 2.
43-4-802. Legislative declaration. (1) The general assembly hereby finds and de-
clares that:
(a) The continued prosperity of the state and its citizens requires a safe, well-main-
tained, integrated, multimodal, and sustainable surface transportation system that is acces-
sible in all parts of the state and that allows efficient movement of people, goods, and
information;
(b) The primary funding sources dedicated for surface transportation, state and federal
motor fuel taxes, are flat rate per gallon taxes that have lost and will continue to lose much
of their purchasing power because they are not indexed to inflation, have not been increased
in nearly two decades, and generate less revenue per vehicle mile traveled as motor vehicles
become more fuel efficient;
(c) Due to the decline in the purchasing power of the revenues generated by the state
and federal motor fuel taxes, the state and local governments have been unable to maintain,
repair, reconstruct, operate, and improve surface transportation infrastructure in a strategic,
timely, and efficient manner, which has already caused many bridges in the state to become
structurally deficient or functionally obsolete and worsened the condition of road surfaces,
delayed capacity expansion projects, and increased traffic congestion and greenhouse gas
emissions; and
(d) Because this decline in purchasing power is ongoing and becomes more severe with
each passing year, the state and local governments will continue to be unable to maintain,
repair, reconstruct, operate, and improve surface transportation infrastructure in a strategic,
timely, and efficient manner, and the safety, efficiency, and environmental impact of the
state's surface transportation system will worsen more quickly in the future if sufficient and
sustainable funding sources for surface transportation cannot be found.
(2) The general assembly further finds and declares that:
(a) The national and state economic recession and attendant rise in unemployment
represent additional short- to medium-term challenges for the state and all Coloradans;
(b) There is an urgent present need to repair and replace structurally deficient and
functionally obsolete bridges and improve highway safety in the state;
(c) Increasing funding for designated bridge projects and road safety projects in the
short- and medium-term through the imposition of bridge and road safety surcharges and
other new fees at rates reasonably calculated based on the benefits received by the persons
paying the fees will not only provide funding to complete the projects but will also
accelerate the state's economic recovery by increasing bridge and road construction, repair,
reconstruction, and maintenance activity, as well as related economic activity, and by
employing significant numbers of Coloradans;
(d) The creation of a statewide bridge enterprise authorized to complete designated
bridge projects, to impose a bridge safety surcharge and issue revenue bonds, and, if
required approvals are obtained, to contract with the state to receive one or more loans of
moneys received by the state under the terms of one or more lease-purchase agreements
authorized by this part 8 and to use the revenues generated by the bridge safety surcharge
Tide 43 - page 205 Financing 43-4-803
to repay any such loan or loans, will improve the safety and efficiency of the state
transportation system by allowing the state to accelerate the repair, reconstruction, and
replacement of structurally deficient, functionally obsolete, and rated as poor bridges;
(e) The creation of a high-performance transportation enterprise with the authority and
mission to seek out opportunities for innovative and efficient means of financing other
important surface transportation infrastructure projects will ensure that such projects are
also properly prioritized and accelerated; and
(f) Granting the bridge enterprise and the transportation enterprise both responsibility
for the completion, respectively, of designated bridge projects and other important surface
transportation projects and the flexibility to execute their respective missions in a variety of
innovative ways will ensure that available resources for such projects are efficiently and
effectively leveraged so that both the projects and the state* s economic recovery can be
completed as quickly as possible.
(3) The general assembly further finds and declares that:
(a) While it is necessary, appropriate, and in the best interests of the state to fund
designated bridge projects and highway safety projects and stimulate economic recovery in
the short- and medium-term, the state must also develop a long-term strategy to provide
sustainable long-term revenue streams dedicated for the construction of important surface
transportation infrastructure projects and the continuing maintenance, repair, and recon-
struction of the statewide surface transportation system that will:
(I) Allow both the state and local governments to maintain, repair, reconstruct, and
improve their transportation infrastructure in a strategic, timely, and efficient manner; and
(II) Provide the state and local governments with the resources and flexibility to explore
and invest in modern multimodal and demand-side transportation solutions that will help
reduce traffic congestion and greenhouse gas emissions;
(b) The specification of additional policies to be considered at all stages of the
statewide transportation planning process and the establishment of an efficiency and
accountability committee within the department of transportation will help to ensure that
transportation planning is thorough, integrated, and strategic and that all funding dedicated
for surface transportation is expended effectively.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 10, § 1, effective March 2.
Editor's note: This section is similar to former § 43-2-801 as it existed prior to 2009, and the
former § 43-4-802 was relocated to § 43-4-803.
43-4-803. Definitions. As used in this part 8, unless the context otherwise requires:
(1) "Authorized agent** shall have the same meaning as set forth in section 42-1-102
(5), C.R.S.
(2) "Bond** means any bond, note, interim certificate, commercial paper, contract, or
other evidence of indebtedness of either the bridge enterprise or the transportation enter-
prise authorized by this part 8, including, but not limited to, any obligation to the United
States in connection with a loan from or guaranteed by the United States.
(3) "Bond obligations** means the debt service on, and related costs and obligations in
connection with, bonds, including, without limitation:
(a) Payments with respect to principal, interest, prepayment premiums, reserve funds,
surplus funds, sinking funds, and costs of issuance;
(b) Payments related to any credit enhancement, liquidity support, or interest rate
protection for bonds;
(c) Fees and expenses of any trustee, bond registrar, paying agent, authenticating agent,
rebate analyst or consultant, calculation agent, remarketing agent, or credit enhancement,
liquidity support, or interest rate protection provider;
(d) Coverage requirements; and
(e) Other costs, fees, and expenses related to the foregoing and any other amounts
required to be paid pursuant to the provisions of any documents authorizing the issuance of
the bonds.
43-4-803 Transportation Title 43 - page 206
(4) "Bridge enterprise** means the statewide bridge enterprise created in section
43-4-805 (2).
(5) "Bridge enterprise board** means the board of directors of the bridge enterprise.
(6) "Bridge enterprise director** means the director of the bridge enterprise appointed
pursuant to section 43-4-805 (2) (a) (I).
(7) "Bridge special fund** means the statewide bridge enterprise special revenue fund
created in section 43-4-805 (3) (a).
(8) "Commission** means the transportation commission created in section 43-1-106
(1).
(9) "Department** means the department of transportation created in section 24-1-
128.7, C.R.S.
(10) "Designated bridge** means every bridge, including any roadways, sidewalks, or
other infrastructure connected or adjacent to or required for the optimal functioning of the
bridge, that:
(a) Is part of the state highway system, as described in section 43-2-101; and
(b) Has been identified by the department as structurally deficient or functionally
obsolete, and has been rated by the department as poor, as of January 1, 2009, or is
subsequently so identified and rated by the department.
(11) "Designated bridge project*' means a project that involves the repair, reconstruc-
tion, replacement, or ongoing operation or maintenance, or any combination thereof, of a
designated bridge by the bridge enterprise pursuant to an agreement between the enterprise
and the commission or department authorized by section 43-4-805 (5) (f).
(12) "Executive director" means the executive director of the department.
(13) (a) "Grant'* means any direct cash subsidy or other direct contribution of money
from the state or any local government in the state to the bridge enterprise or the
transportation enterprise that is not required to be repaid.
(b) "Grant** does not include any of the following or any interest or income derived
from the deposit and investment of the following:
(I) Any indirect benefit conferred upon the bridge enterprise or the transportation
enterprise from the state or any local government in the state;
(II) Any federal funds received by the bridge enterprise or the transportation enterprise,
regardless of whether the federal funds pass through the state or any local government in
the state prior to receipt by the enterprise;
(HI) Any revenues of the bridge enterprise from the bridge safety surcharge imposed by
the enterprise pursuant to section 43-4-805 (5) (g) or revenues of the bridge enterprise or
the transportation enterprise from any other authorized rate, fee, assessment, or other charge
imposed by either enterprise for the provision of goods or services by the enterprise;
(IV) Any moneys paid or advanced to the bridge enterprise or the transportation
enterprise by the state, a local government or group of local governments, an authority, or
any other government-owned business or governmental entity in exchange for an agreement
by either enterprise to complete a designated bridge project or a surface transportation
infrastructure project; or
(V) Any moneys loaned by the commission to the bridge enterprise pursuant to section
43-4-805 (4) or (5) (r) or the transportation enterprise pursuant to section 43-4-806 (4).
(14) "Highway** means a road and related improvements and services. A highway may
consist of improvements and services, including, but not limited to, paving, grading,
landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses,
underpasses, rail crossings, shoulders, frontage roads, access roads, interchanges, drainage
facilities, transit lanes and services, park-and-ride facilities, traffic demand management
facilities and services, other multimodal improvements and services, toll collection facili-
ties, service areas, administrative or maintenance facilities, gas, electric, water, sewer, and
other utilities located or to be located in the right-of-way of the highway, and other real or
personal property, including easements, rights-of-way, open space, and other interests
therein, relating to the financing, construction, operation, or maintenance of the highway.
(15) "Issuing enterprise'* means, with respect to the issuance of bonds as authorized by
this part 8, either the bridge enterprise or the transportation enterprise.
(16) "Local government" means a municipality, county, or city and county.
Title 43 - page 207 Financing 43-4-804
(17) "Metropolitan planning organization" means a metropolitan planning organiza-
tion under the "Federal Transit Act of 1998", 49 U.S.C. sec. 5301 et seq., as amended.
(18) "Public-private partnership" means an agreement, including, but not limited to, an
operating concession agreement between the bridge enterprise or the transportation enter-
prise and one or more private or public entities that provides for:
(a) Acceptance of a private contribution to a surface transportation infrastructure
project in exchange for a public benefit concerning the project other than only a money
payment;
(b) Sharing of resources and the means of providing surface transportation infrastruc-
ture projects; or
(c) Cooperation in researching, developing, and implementing surface transportation
infrastructure projects.
(19) "Public transportation vehicle" means a motor vehicle that is part of vehicular
service that transports the general public and that is provided by a public transportation
district or by a local government.
(20) "Regional planning commission" means a regional planning commission formed
under the provisions of section 30-28-105, C.R.S., that prepares and submits a transporta-
tion plan pursuant to section 43-1-1103.
(21) "Road safety project" means a construction, reconstruction, or maintenance
project that the commission determines is needed to enhance the safety of a state highway,
a county determines is needed to enhance the safety of a county road, or a municipality
determines is needed to enhance the safety of a city street.
(22) "Surface transportation infrastructure" means a highway, a bridge other than a
designated bridge, or any other infrastructure, facility, or equipment used primarily or in
large part to transport people on systems that operate on or are affixed to the ground.
(23) "Surface transportation infrastructure project" means the planning, designing,
engineering, acquisition, installation, construction, repair, reconstruction, maintenance, or
operation of a defined amount of surface transportation infrastructure by:
(a) The transportation enterprise; or
(b) A partner of the transportation enterprise under the terms of a public-private
partnership.
(24) "Transportation enterprise" means the high-performance transportation enterprise
created in section 43-4-806 (2) (a).
(25) "Transportation enterprise board" means the board of directors of the transporta-
tion enterprise.
(26) "Transportation enterprise director" means the director of the transportation
enterprise appointed pursuant to section 43-4-806 (2) (b).
(27) "User fee" means compensation to be paid to the transportation enterprise or a
partner of the transportation enterprise for the privilege of using surface transportation
infrastructure constructed or operated by the transportation enterprise or operated by its
partner under the terms of a public-private partnership.
(28) "Vehicle" means a motor vehicle as defined in section 42-1-102 (58), C.R.S.;
except that, for purposes of the imposition of any surcharge, fee, or fine imposed pursuant
this part 8 in connection with a vehicle required to be registered pursuant to the provisions
of article 3 of title 42, C.R.S., "vehicle" also includes any vehicle without motive power
that is required to be registered.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 12, § 1, effective March 2.
Editor's note: This section is similar to former § 43-4-802 as it existed prior to 2009, and the
former § 43-4-803 was relocated to §§ 43-4-805 and 43-4-806.
43-4-804. Highway safety projects - surcharges and fees • crediting of moneys to
highway users tax fund. (1) On and after July 1, 2009, the following surcharges, fees,
and fines shall be collected and credited to the highway users tax fund created in section
43-4-201 (1) (a) and allocated to the state highway fund, counties, and municipalities as
specified in section 43-4-205 (6.3):
43-4-804 Transportation Title 43 - page 208
(a) (I) A road safety surcharge, which, except as otherwise provided in subparagraphs
(III) and (VI) of this paragraph (a), shall be imposed for any registration period mat
commences on or after July 1, 2009, upon the registration of any vehicle for which a
registration fee must be paid pursuant to the provisions of part 3 of article 3 of title 42,
C.R.S. Except as otherwise provided in subparagraphs (IV) and (V) of this paragraph (a),
the amount of the surcharge shall be:
(A) Sixteen dollars for any vehicle that is a motorcycle, motorscooter, or motorbicycle,
as respectively denned in section 42-1-102 (55) and (59), C.R.S., or that weighs two
thousand pounds or less;
(B) Twenty-three dollars for any vehicle that weighs more than two thousand pounds
but not more man five thousand pounds;
(C) Twenty-eight dollars for any vehicle that weighs more than five thousand pounds
but not more man ten thousand pounds;
(D) Thirty-seven dollars for any vehicle that is a passenger bus or that weighs more
than ten thousand pounds but not more than sixteen thousand pounds; and
(E) Thirty-nine dollars for any vehicle that weighs more than sixteen thousand pounds.
(II) The road safety surcharge shall be imposed when a vehicle is registered as required
by article 3 of title 42, C.R.S. Each authorized agent shall remit to the department of
revenue no less frequently than once a month, but otherwise at the time and in the manner
required by the executive director of the department of revenue, all road safety surcharges
collected by the authorized agent. The executive director of the department of revenue shall
forward all road safety surcharges remitted by authorized agents plus any road safety
surcharges collected directly by the department of revenue to the state treasurer, who shall
credit the surcharges to the highway users tax fund.
(HI) The road safety surcharge shall not be imposed on any rental vehicle on which a
daily vehicle rental fee is imposed pursuant to paragraph (b) of this subsection (1).
(IV) The amount of the road safety surcharge imposed on any vehicle that is an item
of Class A personal property, as defined in section 42-3-106 (2) (a), C.R.S., shall be the
product of the amount of the surcharge imposed based on the weight of the vehicle pursuant
to subparagraph (I) of this paragraph (a) and the percentage of the item's total apportioned
registration apportioned to Colorado.
(V) The amount of the road safety surcharge imposed pursuant to this paragraph (a)
shall be one-half of the amount specified in subparagraph (I) of this paragraph (a) for any
vehicle that is a truck or truck tractor that is owned by a farmer or rancher and is used
commercially only:
(A) To transport to market or place of storage raw agricultural products actually
produced or livestock actually raised by the farmer or rancher in farming or ranching
operations; or
(B) To transport commodities or livestock purchased by the farmer or rancher for
personal use in the farmer* s or rancher* s fanning or ranching operations.
(VI) The road safety surcharge shall not be imposed on any vehicle for which the
department of revenue has issued a horseless carriage special license plate pursuant to
section 42-12-301, C.R.S.
(VII) Each vehicle registration fee invoice shall list the road safety surcharge separately
from all other vehicle registration fees or surcharges imposed.
(b) (I) Except as otherwise provided in subparagraph (HI) of this paragraph (b), a daily
vehicle rental fee, which shall be imposed on the rental of any vehicle rented in the state
at the rate of two dollars per day. Any person who owns vehicles that are based in Colorado
for rental purposes or who owns vehicles that are based in a state other than Colorado for
rental purposes but rents such vehicles from a business location in Colorado and whose
primary business is the rental of such vehicles for periods of less than forty-five days,
including renewals, to another person shall collect the daily vehicle rental fee from the
renter of each vehicle rented. The rental invoice shall list the daily vehicle rental fee
separately as a Colorado road safety program fee.
(II) A person who collects the daily vehicle rental fee imposed by subparagraph (I) of
this paragraph (b) and who pays specific ownership tax on the vehicles rented in the manner
specified in either section 42-3-107 (11) or (12), C.R.S., or both, shall, no later than the
Title 43 - page 209 Financing 43-4-804
twentieth day of each month, submit to the department of revenue a report, using forms
furnished by the department of revenue, of daily vehicle rental fees collected for the
preceding month and shall include with the report the remittance of all such fees. A person
who collects the daily vehicle rental fee imposed by subparagraph (I) of this paragraph (b)
but does not pay specific ownership tax on the vehicles in the manner specified in either
section 42-3-107 (11) or (12), C.R.S., or both, shall submit the report and the remittance of
fees collected in the same manner or in such other manner as the executive director of the
department of revenue may prescribe by rules promulgated in accordance with article 4 of
tide 24, C.R.S. The executive director of the department of revenue shall forward all daily
vehicle rental fees collected to the state treasurer, who shall credit the daily vehicle rental
fees to the highway users tax fund.
(Ill) Because vehicle sharing is an alternative to personal vehicle ownership that
reduces the number of vehicle miles traveled on the highways of the state by encouraging
the use of transit and reducing the number of trips made in privately owned vehicles and
thereby benefits the state by reducing traffic congestion, greenhouse gas emissions, and the
amount of wear and tear on the highways, the daily vehicle rental fee imposed pursuant to
this paragraph (b) shall not be imposed on any vehicle rented pursuant to a vehicle sharing
arrangement if:
(A) Under the terms of the arrangement, an organization provides passenger vehicles
for the use of members of the organization who have paid a membership fee to the
organization and charges an additional fee for each use of a passenger vehicle;
(B) A member of the organization is not required to enter into a separate written
agreement with the organization each time the member reserves and uses a passenger
vehicle;
(C) The average paid usage period for all passenger vehicles provided by the organi-
zation during the prior calendar year was six hours or less;
CD) At least three-quarters of all passenger vehicle rentals made by the organization
during the prior calendar year in each municipality or county in which the organization does
business were made to members of the organization who maintain a residence within the
city or county;
(E) Fuel and full insurance coverage are included in the member usage rates; and
(F) Passenger vehicles provided by the organization are stationed in self-serve locations
throughout the county or municipality in which the organization does business.
(c) (I) A supplemental oversize and overweight vehicle surcharge in an amount equal
to the amount of the fee charged pursuant to section 42-4-510 (11) (a), C.R.S., by the
department or the Colorado state patrol for the issuance of the single trip permit; except that
the surcharge shall not be imposed on a vehicle if the single trip permit fee was imposed
pursuant to section 42-4-510 (11) (a) (VI) (B), C.R.S.
(II) The agency issuing an oversize or overweight vehicle single trip permit shall
collect the supplemental oversize and overweight vehicle surcharge at the same time as it
collects the single trip permit fee. The agency shall forward all supplemental oversize and
overweight vehicle surcharges to the department, and the executive director of the depart-
ment shall forward the supplemental surcharges to the state treasurer, who shall credit the
surcharges to the highway users tax fund.
(d)(1) A supplemental unregistered vehicle fine imposed in addition to the fine
imposed pursuant to section 42-6-139 (3), C.R.S., upon conviction of a misdemeanor for
knowingly failing to register a vehicle within ninety days of becoming a resident of this
state as required by section 42-3-103 (4) (a), C.R.S.
(II) The supplemental unregistered vehicle fine shall be collected at the same time as
the fine imposed pursuant to section 42-6-139 (3), C.R.S. The amount of the supplemental
unregistered vehicle fine shall be twenty-five dollars for each month or portion of a month
that the vehicle remained unregistered following the ninety-day period during which initial
registration was required; except that the amount of the supplemental unregistered vehicle
fine shall not exceed one hundred dollars. All supplemental unregistered vehicle fines shall
be forwarded to the state treasurer, who shall credit the fines to the highway users tax fund.
(e) Late registration fees required to be credited to the highway users tax fund pursuant
to section 42-3-112 (2), C.R.S.
43-4-805 Transportation Title 43 -page 210
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 16, § 1, effective March 2.
L. 2011: (l)(a)(VD amended, (SB 11-031), ch. 86, p. 249, § 20, effective August 10.
L. 2012: (l)(c)(I) amended, (HB 12-1019), ch. 135, p. 474, § 26, effective July 1.
Editor's note: Provisions of the former § 43-4-804 were relocated to §§ 43-4-805 and 43-4-806
in 2009.
43-4-805. Statewide bridge enterprise - creation - board - funds - powers and
duties - reporting requirements - legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) The completion of designated bridge projects is essential to address increasing
traffic congestion and delays, hazards, injuries, and fatalities;
(b) Due to the limited availability of state and federal funding and the need to
accomplish the financing, repair, reconstruction, and replacement of designated bridges as
promptly and efficiently as possible, it is necessary to create a statewide bridge enterprise
and to authorize the enterprise to:
(1) Enter into agreements with the commission or the department to finance, repair,
reconstruct, and replace designated bridges in the state; and
(H) Impose a bridge safety surcharge at rates reasonably calculated to defray the costs
of completing designated bridge projects and distribute the burden of defraying the costs in
a manner based on the benefits received by persons paying the fees and using designated
bridges, receive and expend revenues generated by the surcharge and other moneys, issue
revenue bonds and other obligations, contract with the state, if required approvals are
obtained, to receive one or more loans of moneys received by the state under the terms of
one or more lease-purchase agreements authorized by this part 8, expend revenues gener-
ated by the surcharge to repay any such loan or loans received, and exercise other powers
necessary and appropriate to carry out its purposes; and
(c) The creation of a statewide bridge enterprise is in the public interest and will
promote the health, safety, and welfare of all Coloradans and visitors to the state by
providing bridges that incorporate the benefits of advanced engineering design, experience,
and safety.
(2) (a) (I) The statewide bridge enterprise is hereby created. The bridge enterprise
shall be and shall operate as a government-owned business within the department. The
commission shall serve as the bridge enterprise board and shall, with the consent of the
executive director, appoint a bridge enterprise director who shall possess such qualifications
as may be established by the commission and the state personnel board. The bridge
enterprise director shall oversee the discharge of all responsibilities of the bridge enterprise
and shall serve at the pleasure of the bridge enterprise board.
(H) The bridge enterprise and the bridge enterprise director shall exercise their powers
and perform their duties as if the same were transferred to the department by a type 1
transfer, as defined in section 24-1-105, C.R.S.
(b) The business purpose of the bridge enterprise is to finance, repair, reconstruct, and
replace any designated bridge in the state and, as agreed upon by the enterprise and the
commission, or the department to the extent authorized by the commission, to maintain the
bridges it finances, repairs, reconstructs, and replaces. To allow the bridge enterprise to
accomplish this purpose and fully exercise its powers and duties through the bridge
enterprise board, the bridge enterprise may:
(I) Impose a bridge safety surcharge as authorized in paragraph (g) of subsection (5) of
this section;
(II) Issue revenue bonds payable from the revenues and other available moneys of the
bridge enterprise pledged for their payment as authorized in section 43-4-807; and
(HI) Contract with any other governmental or nongovernmental source of funding for
loans or grants, including, but not limited to, one or more loans from the state of moneys
received by the state pursuant to the terms of one or more lease-purchase agreements
authorized pursuant to paragraph (r) of subsection (5) of this section, to be used to support
bridge enterprise functions.
Title 43 - page 211 Financing 43-4-805
(c) The bridge enterprise shall constitute an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains die authority to issue revenue bonds
and receives less than ten percent of its total revenues in grants from all Colorado state and
local governments combined. So long as it constitutes an enterprise pursuant to this
paragraph (c), the bridge enterprise shall not be subject to any provisions of section 20 of
article X of the state constitution. Consistent with the determination of the Colorado
supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995),
that the power to impose taxes is inconsistent with "enterprise** status under section 20 of
article X of the state constitution, the general assembly finds and declares that a bridge
safety surcharge imposed by the bridge enterprise pursuant to paragraph (g) of subsection
(5) of this section is not a tax but is instead a fee imposed by the bridge enterprise to defray
the cost of completing designated bridge projects that the enterprise provides as a specific
service to the persons upon whom the fee is imposed and at rates reasonably calculated
based on the benefits received by such persons.
(3) (a) The statewide bridge enterprise special revenue fund, referred to in this part 8
as the "bridge special fund*', is hereby created in the state treasury. All revenues received
by the bridge enterprise, including, but not limited to, any revenues from a bridge safety
surcharge collected pursuant to paragraph (g) of subsection (5) of this section and any
moneys loaned to the enterprise by the state pursuant to paragraph (r) of subsection (5) of
this section, shall be deposited into the bridge special fund. The bridge enterprise board may
establish separate accounts within the bridge special fund as needed in connection with any
specific designated bridge project. The bridge enterprise also may deposit or permit others
to deposit other moneys into the bridge special fund, but in no event may revenues from any
tax otherwise available for general purposes be deposited into the bridge special fund. The
state treasurer, after consulting with the bridge enterprise board, shall invest any moneys in
the bridge special fund, including any surplus or reserves, but excluding any proceeds from
the sale of bonds or earnings on such proceeds invested pursuant to section 43-4-807 (2),
that are not needed for immediate use. Such moneys may be invested in the types of
investments authorized in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S.
(b) All interest and income derived from the deposit and investment of moneys in the
bridge special fund shall be credited to the bridge special fund and, if applicable, to the
appropriate designated bridge project account. Moneys in the bridge special fund shall be
continuously appropriated to the bridge enterprise for the purposes set forth in this part 8.
All moneys deposited in the bridge special fund shall remain in the bridge special fund for
the purposes set forth in this part 8, and no part of the bridge special fund shall be used for
any other purpose.
(c) The bridge enterprise may expend moneys in the bridge special fund to pay bond or
loan obligations, to fund the administration, planning, financing, repair, reconstruction,
replacement, or maintenance of designated bridges, and for the acquisition of land to the
extent required in connection with any designated bridge project. The bridge enterprise may
also expend moneys in the bridge special fund to pay its operating costs and expenses. The
bridge enterprise board shall have exclusive authority to budget and approve the expendi-
ture of moneys in the bridge special fund.
(4) The commission may transfer moneys from the state highway fund created in
section 43-1-219 to the bridge enterprise for the purpose of defraying expenses incurred by
the enterprise prior to the receipt of bond proceeds or revenues by the enterprise. The bridge
enterprise may accept and expend any moneys so transferred, and, notwithstanding any
state fiscal rule or generally accepted accounting principle that could otherwise be inter-
preted to require a contrary conclusion, such a transfer shall constitute a loan from the
commission to the bridge enterprise and shall not be considered a grant for purposes of
section 20 (2) (d) of article X of the state constitution. As the bridge enterprise receives
sufficient revenues in excess of expenses, the enterprise shall reimburse the state highway
fund for the principal amount of any loan from the state highway fund made by the
commission plus interest at a rate set by the commission. Any moneys loaned from the state
highway fund to the bridge enterprise pursuant to this section shall be deposited into a fund
to be known as the statewide bridge enterprise operating fund, which fund is hereby created,
and shall not be deposited into the bridge special fund. Moneys from the bridge special fund
43-4-805 Transportation Title 43 - page 212
may, however, be used to reimburse the state highway fund for the amount of any loan from
the state highway fund or any interest thereon.
(5) In addition to any other powers and duties specified in this section, the bridge
enterprise board has the following powers and duties:
(a) To supervise and advise the bridge enterprise director;
(b) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(c) To issue revenue bonds, payable solely from the bridge special fund, for the purpose
of paying the cost of financing, repairing, reconstructing, replacing, and maintaining
designated bridges;
(d) To acquire, hold title to, and dispose of real and personal property as necessary in
the exercise of its powers and performance of its duties;
(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of articles 1
to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings,
moneys, or grounds necessary or convenient for its authorized purposes;
(f) To enter into agreements with the commission, or the department to the extent
authorized by the commission, under which the bridge enterprise agrees to finance, repair,
reconstruct, replace, and, if any given agreement so specifies, maintain designated bridges
as specified in the agreements;
(g) (I) As necessary for the achievement of its business purpose, to impose a bridge
safety surcharge, which, except as otherwise provided in subparagraphs (HI) and (VII) of
this paragraph (g), shall be imposed, on and after July 1, 2009, for any registration period
that commences on or after July 1, 2009, or on and after such later date as may be
determined by the bridge enterprise, for any registration period that commences on or after
the later date, upon the registration of any vehicle for which a registration fee must be paid
pursuant to the provisions of part 3 of article 3 of title 42, C.R.S. Except as otherwise
provided in subparagraphs (IV), (V), and (VI) of this paragraph (g), the amount of the
surcharge shall not exceed:
(A) Thirteen dollars for any vehicle that is a motorcycle, motorscooter, or
motorbicycle, as respectively defined in section 42-1-102 (55) and (59), C.R.S., or that
weighs two thousand pounds or less;
(B) Eighteen dollars for any vehicle that weighs more than two thousand pounds but
not more man five thousand pounds;
(C) Twenty-three dollars for any vehicle that weighs more than five thousand pounds
but not more than ten thousand pounds;
(D) Twenty-nine dollars for any vehicle that is a passenger bus or that weighs more
than ten thousand pounds but not more than sixteen thousand pounds; and
(E) Thirty-two dollars for any vehicle that weighs more than sixteen thousand pounds.
(II) The bridge safety surcharge shall be imposed when a vehicle is registered as
required by article 3 of tide 42, C.R.S. Each authorized agent shall remit to the department
of revenue no less frequently than once a month, but otherwise at the time and in the manner
required by the executive director of the department of revenue, all bridge safety surcharges
collected by the authorized agent. The executive director of the department of revenue shall
forward all bridge safety surcharges remitted by authorized agents plus any bridge safety
surcharges collected directly by the department of revenue to the state treasurer, who shall
credit the surcharges to the bridge special fund.
(HI) The bridge safety surcharge shall not be imposed on any rental vehicle on which
a daily vehicle rental fee is imposed pursuant to section 43-4-804 (1) (b).
(IV) The amount of the bridge safety surcharge imposed on any vehicle that is an item
of Class A personal property, as defined in section 42-3-106 (2) (a), C.R.S., shall be the
product of the amount of the surcharge imposed based on the weight of the vehicle pursuant
to subparagraph (I) of this paragraph (g) and the percentage of the item's total apportioned
registration apportioned to Colorado.
(V) The maximum amount of the bridge safety surcharge that the bridge enterprise may
impose pursuant to subparagraph (I) of this paragraph (g) for any annual vehicle registration
period commencing during the 2009-10 fiscal year shall be one-half of the maximum
amount of the surcharge specified in said subparagraph (I), and the maximum amount of the
bridge safety surcharge that the bridge enterprise may impose pursuant to subparagraph (I)
Title 43 -page 213 Financing 43-4-805
of this paragraph (g) for any vehicle registration period commencing during the 2010-11
fiscal year shall be seventy-five percent of the maximum amount of the surcharge specified
in said subparagraph (I).
(VI) The amount of any bridge safety surcharge imposed pursuant to this paragraph (g)
shall be one-half of the amount of the surcharge imposed pursuant to subparagraph (I) of
this paragraph (g) for any vehicle that is a truck or truck tractor that is owned by a farmer
or rancher and is used commercially only:
(A) To transport to market or place of storage raw agricultural products actually
produced or livestock actually raised by the farmer or rancher in farming or ranching
operations; or
(B) To transport commodities or livestock purchased by the farmer or rancher for
personal use in the farmer's or rancher's farming or ranching operations.
(VH) The bridge safety surcharge is not imposed on any vehicle for which the
department of revenue has issued a horseless carriage special license plate pursuant to
section 42-12-301, C.R.S.
(Vm) Each vehicle registration fee invoice shall list the bridge safety surcharge
separately from all other vehicle registration fees or surcharges imposed.
(h) To make and enter into contracts or agreements with a private entity, to facilitate a
public-private initiative pursuant to sections 43-1-1203 and 43-1-1204, including, but not
limited to:
(I) An agreement pursuant to which the bridge enterprise or the enterprise on behalf of
the department operates, maintains, or provides services or property in connection with a
designated bridge project; and
(II) An agreement pursuant to which a private entity designs, develops, constructs,
reconstructs, repairs, operates, or maintains all or any portion of a designated bridge project
on behalf of the bridge enterprise;
(i) To make and to enter into all other contracts or agreements, including, but not
limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmen-
tal agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the
exercise of its powers and performance of its duties;
(j) To employ or contract for the services of consulting engineers or other experts as are
necessary in its judgment to carry out its powers and duties;
(k) To prepare, or cause to be prepared, detailed plans, specifications, or estimates for
any designated bridge project within the state;
(1) In connection with any designated bridge project, to acquire, finance, repair,
reconstruct, replace, operate, and maintain any designated bridge within the state;
(m) To set and adopt, on an annual basis, a budget for the bridge enterprise;
(n) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to
purchase, dispose of, or encumber real or personal property or any interest therein,
including easements and rights-of-way, without restriction or limitation;
(o) To enter into interest rate exchange agreements for bonds that have been issued in
accordance with article 59.3 of title 11, C.R.S.;
(p) Pursuant to section 24-1-107.5, C.R.S., to establish, create, and approve nonprofit
entities and bonds issued by or on behalf of such nonprofit entities for the purpose of
completing a designated bridge project, to accept the assets of any such nonprofit entity, to
obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to
appoint or approve the appointment of members of the governing board of any such
nonprofit entity, and to remove the members of the governing board of any such nonprofit
entity for cause;
(q) To transfer money, property, or other assets of the bridge enterprise to the depart-
ment to the extent necessary to implement the financing of any designated bridge project or
for any other purpose authorized in this part 8;
(r) (I) To contract with the state to borrow moneys under the terms of one or more loan
contracts entered into by the state and the bridge enterprise pursuant to subparagraph (III)
of this paragraph (r), to expend any moneys borrowed from the state for the purpose of
completing designated bridge projects and for any other authorized purpose that constitutes
the construction, supervision, and maintenance of the public highways of this state for
43-4-805 Transportation Title 43 - page 214
purposes of section 18 of article X of the state constitution, and to use revenues generated
by any bridge safety surcharge imposed pursuant to paragraph (g) of this subsection (5) and
any other legally available moneys of the bridge enterprise to repay the moneys borrowed
and any other amounts payable under the terms of the loan contract.
(II) If the bridge enterprise board seeks to enter into a contract to borrow moneys from
the state as authorized by subparagraph (I) of this paragraph (r), the board shall provide the
governor with a list of designated bridge projects to be financed with the borrowed moneys
and a statement of both the total amount of the loan requested and the estimated amount of
the loan that will be used to fund each project on the list. If the governor determines, in the
governor's sole discretion, that lending moneys to the bridge enterprise as requested by the
enterprise, or lending a lesser amount of moneys to the enterprise, is in the best interest of
the state, the governor, after consultation with the executive director of the department of
personnel and the state treasurer, shall prepare and provide to the state treasurer a list of
state buildings or other state capital facilities that the state, acting by and through the state
treasurer, may sell or lease and lease back pursuant to the terms of one or more lease-
purchase agreements that the state, acting by and through the state treasurer, may enter into
pursuant to subparagraph (HI) of this paragraph (r). When providing the list, the governor
shall also specify to the state treasurer the maximum permitted principal amount of any loan
that may be made to the bridge enterprise under the terms of any loan contract that the state,
acting by and through the state treasurer, may enter into pursuant to sub-subparagraph (A)
of subparagraph (III) of this paragraph (r).
(HI) (A) If the state treasurer receives a list from the governor pursuant to subpara-
graph (II) of this paragraph (r), the state, acting by and through the state treasurer, may enter
into a loan contract with the bridge enterprise and may raise the money needed to make a
loan pursuant to the terms of the loan contract by selling or leasing one or more of the state
buildings or other state capital facilities on the list. The state treasurer shall have sole
discretion to enter into a loan contract on behalf of the state and to determine the amount
of a loan; except that the principal amount of a loan shall not exceed the maximum amount
specified by the governor pursuant to subparagraph (II) of this paragraph (r). The state
treasurer shall also have sole discretion to determine the timing of the entry of the state into
any loan contract or the sale or lease of one or more state buildings or other state capital
facilities. The loan contract shall require the bridge enterprise to pledge to the state all or
a portion of the revenues of any bridge safety surcharge imposed pursuant to paragraph (g)
of this subsection (5) for the repayment of the loan and may also require the enterprise to
pledge to the state any other legally available revenues of the enterprise. Any loan contract
entered into by the state, acting by and through the state treasurer, and the bridge enterprise
pursuant to this sub-subparagraph (A) and any pledge of revenues by the enterprise pursuant
to such a loan contract shall be only for the benefit of, and enforceable only by, the state and
the enterprise. Specifically, but without limiting the generality of said limitation, no such
loan contract or pledge shall be for the benefit of, or enforceable by, a lessor under a
lease-purchase agreement entered into pursuant to this subparagraph (III), an owner of any
instrument evidencing rights to receive rentals or other payments made and to be made
under such a lease-purchase agreement as authorized by sub-subparagraph (B) of subpara-
graph (IV) of this paragraph (r), a party to any ancillary agreement or instrument entered
into pursuant to subparagraph (V) of this paragraph (r), or a party to any interest rate
exchange agreement entered into pursuant to sub-subparagraph (A) of subparagraph (VII)
of this paragraph (r).
(B) The state, acting by and through the state treasurer, may enter into one or more
lease-purchase agreements with respect to the state buildings or other capital facilities sold
or leased pursuant to sub-subparagraph (A) of this subparagraph (HI) with any for-profit or
nonprofit corporation, trust, or commercial bank acting as a trustee, as the lessor.
(C) Any lease-purchase agreement authorized pursuant to sub-subparagraph (B) of this
subparagraph (ID) shall provide that all of the obligations of the state under the agreement
shall be subject to the action of the general assembly in annually making moneys available
for all payments thereunder.
(D) Any lease-purchase agreement authorized pursuant to sub-subparagraph (B) of this
subparagraph (IE) shall also provide that the obligations of the state under the agreement
Title 43 - page 215 Financing 43-4-805
shall not be deemed or construed as creating an indebtedness of the state within the meaning
of any provision of the state constitution or the laws of this state concerning or limiting the
creation of indebtedness by the state, and shall not constitute a multiple-fiscal year direct or
indirect debt or other financial obligation of the state within the meaning of section 20 (4)
(a) of article X of the state constitution. If the state does not renew a lease-purchase
agreement authorized pursuant to sub-subparagraph (B) of this subparagraph (HI), the sole
security available to the lessor shall be the property that is the subject of the nonrenewed
lease-purchase agreement.
(IV) (A) Any lease-purchase agreement authorized pursuant to sub-subparagraph (B)
of subparagraph (III) of this paragraph (r) may contain such terms, provisions, and
conditions as the state treasurer, acting on behalf of the state, may deem appropriate,
including all optional terms; except that each lease-purchase agreement shall specifically
authorize the state to receive fee title to all real and personal property that is the subject of
the lease-purchase agreement on or prior to the expiration of the terms of the lease-purchase
agreement upon payment of all amounts payable under the terms of the lease-purchase
agreement and any amount required to be paid to remove liens or encumbrances on or
claims with respect to the property that is the subject of the lease-purchase agreement,
including, but not limited to, liens, encumbrances, or claims relating to any ancillary
agreement or instrument entered into pursuant to sub-subparagraph (A) of subparagraph
(VII) of this paragraph (r). Any title to such property received by the state on or prior to the
expiration of the terms of the lease-purchase agreement shall be held for the benefit and use
of the state.
(B) Any lease-purchase agreement authorized pursuant to sub-subparagraph (B) of
subparagraph (HI) of this paragraph (r) may provide for the issuance, distribution, and sale
of instruments evidencing rights to receive rentals and other payments made and to be made
under, the lease-purchase agreement. The instruments may be issued, distributed, or sold
only by the lessor or any person designated by the lessor and not by the state. The
instruments shall not create a relationship between the purchasers of the instruments and the
state or create any obligation on the part of the state to the purchasers. The instruments shall
not be notes, bonds, or any other evidence of indebtedness of the state within the meaning
of any provision of the state constitution or the law of the state concerning or limiting the
creation of indebtedness of the state and shall not constitute a multiple-fiscal year direct or
indirect debt or other financial obligation of the state within the meaning of section 20 (4)
(a) of article X of the state constitution.
(C) Interest paid under a lease-purchase agreement authorized pursuant to sub-subpara-
graph (B) of subparagraph (EI) of this paragraph (r), including interest represented by the
instruments, shall be exempt from state income tax.
(V) The state, acting by and through the state treasurer, may enter into ancillary
agreements and instruments deemed necessary or appropriate in connection with a lease-
purchase agreement authorized pursuant to sub-subparagraph (B) of subparagraph (HI) of
this paragraph (r), including but not limited to deeds, leases, sub-leases, easements, or other
instruments relating to the real property on which the facilities are located or an agreement
entered into pursuant to subparagraph (VII) of this paragraph (r).
(VI) The provisions of section 24-30-202 (5) (b), C.R.S., shall not apply to a lease-
purchase agreement authorized pursuant to sub-subparagraph (B) of subparagraph (HI) of
this paragraph (r) or any ancillary agreement or instrument or interest rate exchange
agreement entered into pursuant to subparagraph (V) or sub-subparagraph (A) of subpara-
graph (VII) of this paragraph (r). Any provision of the fiscal rules promulgated pursuant to
section 24-30-202 (1) and (13), C.R.S., that the state controller deems to be incompatible
or inapplicable with respect to such a lease-purchase agreement, ancillary agreement or
instrument, or interest rate exchange agreement may be waived by the controller or his or
her designee.
(VII) (A) Prior to executing a lease-purchase agreement pursuant to sub-subparagraph
(B) of subparagraph (IE) of this paragraph (r), in order to protect against future interest rate
increases, the lessor under any lease-purchase agreement or the state, acting by and through
the state treasurer and at the discretion of the state treasurer, may enter into an interest rate
exchange agreement in accordance with article 59.3 of title 11, CR.S. A lease-purchase
43-4-806 Transportation Title 43 - page 216
agreement entered into pursuant to sub-subparagraph (B) of subparagraph (III) of this
paragraph (r) shall be a proposed public security for the purposes of article 59.3 of title 11,
C.R.S.
(B) Any agreement entered into pursuant to this subparagraph (VII) shall also provide
that the obligations of the state shall not be deemed or construed as creating an indebtedness
of the state within the meaning of any provision of the state constitution or the laws of this
state concerning or limiting the creation of indebtedness by the state and shall not constitute
a multiple-fiscal year direct or indirect debt or other financial obligation of the state within
the meaning of section 20 (4) (a) of article X of the state constitution.
(C) Any moneys received by the state under an agreement entered into pursuant to this
subparagraph (VII) shall be used to make payments on lease-purchase agreements entered
into pursuant to sub-subparagraph (A) of subparagraph (TO) of this paragraph (r).
(s) To have and exercise all rights and powers necessary or incidental to or implied
from the specific powers and duties granted in this section.
(6) No later man February 15, 2010, and no later than February 15 of each year
thereafter, the bridge enterprise shall present a report to the committees of the house of
representatives and the senate that have jurisdiction over transportation. The report shall
include a summary of the bridge enterprise's activities for the previous year, a summary of
the status of any current designated bridge projects, a statement of the enterprise's revenues
and expenses, an estimate of the number of jobs created or preserved as a result of the
enterprise's activities, and any recommendations for statutory changes that the enterprise
deems necessary or desirable. The committees shall review the report and may recommend
legislation. The report shall be public and shall be available on the web site of the
department on or before January 15 of the year in which the report is presented.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 20, § 1, effective March 2.
L. 2011: (5)(g)(VII) amended, (SB 11-031), ch. 86, p. 249, § 21, effective August 10.
Editor's note: This section is similar to former §§ 43-4-803, 43-4-804, 43-4-805, and 43-4-806 as
they existed prior to 2009, and the former § 43-4-805 was also relocated to § 43-4-806.
43-4-806. High-performance transportation enterprise - creation - board - funds -
powers and duties - limitations - reporting requirements - legislative declaration.
(1) The general assembly hereby finds and declares that:
(a) It is necessary, appropriate, and in the best interests of the state for the state to
aggressively pursue innovative means of more efficiently financing important surface
transportation infrastructure projects that will improve the safety, capacity, and accessibility
of the surface transportation system, can feasibly be commenced in a reasonable amount of
time, will allow more efficient movement of people, goods, and information throughout the
state, and will accelerate the economic recovery of the state;
(b) Such innovative means of financing projects include, but are not limited to,
public-private partnerships, operating concession agreements, user fee-based project financ-
ing, and availability payment and design-build contracting; and
(c) It is the intent of the general assembly that the high-performance transportation
enterprise created in this section actively seek out opportunities for public-private partner-
ships for the purpose of completing surface transportation infrastructure projects and that
this section be broadly construed to allow the transportation enterprise sufficient flexibility,
consistent with the requirements of the state constitution, to pursue any available means of
financing such surface transportation infrastructure projects that will allow the efficient
completion of the projects.
(2) (a) (I) The high-performance transportation enterprise is hereby created. The
transportation enterprise shall operate as a government-owned business within the depart-
ment and shall be a division of the department. The board of the transportation enterprise
shall consist of the following seven members:
(A) Four members appointed by the governor, each of whom shall have professional
expertise in transportation planning or development, local government, design-build con-
tracting, public or private finance, engineering, environmental issues, or any other area that
Title 43 - page 217 Financing 43-4-806
the governor believes will benefit the board in the execution of its powers and performance
of its duties. The governor shall appoint one member who resides within the planning area
of the Denver regional council of governments, one member who resides within the
planning area of the Pikes Peak area council of governments, one member who resides
within the planning area of the north front range metropolitan planning organization, and
one member who resides within the interstate 70 mountain corridor.
(B) Three members of the commission appointed by resolution of the commission.
(II) Initial appointments to the transportation enterprise board shall be made no later
than July 1, 2009. Members of the board shall serve at the pleasure of the appointing
authority and without compensation. Vacancies in the membership of the transportation
enterprise board shall be filled in the same manner as regular appointments.
(in) (A) The transportation enterprise and the transportation enterprise director shall
exercise their powers and perform their duties as if the same were transferred to the
department by a type 1 transfer, as defined in section 24-1-105, C.R.S.
(B) The statewide tolling enterprise, created by the commission pursuant to section
43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108,
enacted in 2(XX>, and its powers, duties, and functions are transferred by a type 3 transfer,
as defined in section 24-1-105, C.R.S., to the transportation enterprise, and the statewide
tolling enterprise is abolished.
(b) The transportation enterprise board shall, with the consent of the executive director,
appoint a director of the enterprise who shall possess such qualifications as may be
established by the board and the state personnel board. The director shall oversee the
discharge of all responsibilities of the transportation enterprise and shall serve at the
pleasure of the board.
(c) The business purpose of the transportation enterprise is to pursue public-private
partnerships and other innovative and efficient means of completing surface transportation
infrastructure projects. To allow the transportation enterprise to accomplish this purpose and
fully exercise its powers and duties through the transportation enterprise board, the
transportation enterprise may:
(I) Subject to the limitations specified in section 43-4-808 (3), impose user fees for the
privilege of using surface transportation infrastructure;
(II) Issue or reissue revenue bonds payable from the revenues and other available
moneys of the transportation enterprise pledged for their payment as authorized in section
43-4-807;
(HI) Contract with any other governmental or nongovernmental source of funding for
loans or grants to be used to support transportation enterprise functions; and
(IV) Seek out and enter into public-private partnerships.
(d) The transportation enterprise shall constitute an enterprise for purposes of section
20 of article X of the state constitution so long as it retains the authority to issue revenue
bonds and receives less than ten percent of its total revenues in grants from all Colorado
state and local governments combined. So long as it constitutes an enterprise pursuant to
this paragraph (d), the transportation enterprise shall not be subject to any provisions of
section 20 of article X of the state constitution.
(3) (a) The statewide transportation enterprise special revenue fund, referred to in this
part 8 as the "transportation special fund'*, is hereby created in the state treasury. All
revenues received by the transportation enterprise, including any revenues from user fees
collected pursuant to subparagraph (I) of paragraph (c) of subsection (2) of this section,
shall be deposited into the transportation special fund. The transportation enterprise board
may establish separate accounts within the transportation special fund as needed in
connection with any specific surface transportation infrastructure project. The transportation
enterprise also may deposit or permit others to deposit other moneys into the transportation
special fund, but in no event may revenues from any tax otherwise available for general
purposes be deposited into the transportation special fund. The state treasurer, after
consulting with the transportation enterprise board, shall invest any moneys in the trans-
portation special fund, including any surplus or reserves, but excluding any proceeds from
the sale of bonds or earnings on such proceeds invested pursuant section 43-4-807 (2), that
43-4-806 Transportation Title 43 - page 218
are not needed for immediate use. Such moneys may be invested in the types of investments
authorized in sections 24-36-109, 24-36-112, and 24-36-113, C.R.S.
(b) All interest and income derived from the deposit and investment of moneys in the
transportation special fund shall be credited to the transportation special fund and, if
applicable, to the appropriate surface transportation infrastructure project account. Moneys
in the transportation special fund shall be continuously appropriated to the transportation
enterprise for the purposes set forth in this part 8. All moneys deposited in the transportation
special fund shall remain in the fund for the purposes set forth in this part 8, and no part
of the fund shall be used for any other purpose.
(c) The transportation enterprise shall prepare a separate annual accounting of the user
fees collected from any surface transportation infrastructure project upon which any user
fee is imposed; except that a partner of the enterprise may prepare the annual accounting for
a project upon which it imposes a user fee pursuant to the terms of a public-private
partnership.
(d) The transportation enterprise may expend moneys in the transportation special fund
to pay bond obligations, to fund surface transportation infrastructure projects, and for the
acquisition of land to the extent required in connection with any surface transportation
infrastructure project. The transportation enterprise may also expend moneys in the
transportation special fund to pay its operating costs and expenses. The transportation
enterprise board shall have exclusive authority to budget and approve the expenditure of
moneys in the transportation special fund.
(4) The commission may transfer moneys from the state highway fund created in
section 43-1-219 to the transportation enterprise for the purpose of defraying expenses
incurred by the transportation enterprise prior to the receipt of bond proceeds or revenues
by the enterprise. The transportation enterprise may accept and expend any moneys so
transferred, and, notwithstanding any state fiscal rule or generally accepted accounting
principle that could otherwise be interpreted to require a contrary conclusion, such a transfer
shall constitute a loan from the commission to the transportation enterprise and shall not be
considered a grant for purposes of section 20 (2) (d) of article X of the state constitution.
As the transportation enterprise receives sufficient revenues in excess of expenditures, the
enterprise shall reimburse the state highway fund for the principal amount of any loan made
by the commission plus interest at a rate set by the commission. Any moneys loaned to the
transportation enterprise pursuant to this section shall be deposited into a fund to be known
as the statewide transportation enterprise operating fund, which fund is hereby created, and
shall not be deposited into the transportation special fund. Moneys from the transportation
special fund may, however, be used to reimburse the state highway fund for the amount of
any loan or any interest thereon.
(5) Notwithstanding any other provision of this section, user fee revenues shall be
expended only for purposes authorized by subsection (3) of this section and only for the
surface transportation infrastructure project for which they were collected, to address
ongoing congestion management needs related to the project, or as a portion of the
expenditures made for another surface transportation infrastructure project that is integrated
with the project as part of a surface transportation system; except that the transportation
enterprise board may use user fee revenues from each surface transportation infrastructure
project in proportion to the total amount of such revenues generated by the project to pay
overhead of the transportation enterprise.
(6) In addition to any other powers and duties specified in this section, the transpor-
tation enterprise board shall have the following powers and duties:
(a) To supervise and advise the transportation enterprise director;
(b) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(c) To issue revenue bonds, payable solely from the transportation special fund, for the
purpose of completing surface transportation infrastructure projects;
(d) To acquire, hold title to, and dispose of real and personal property as necessary in
the exercise of its powers and performance of its duties;
(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of articles 1
to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings,
moneys, or grounds necessary or convenient for its authorized purposes;
Title 43 - page 219 Financing 43-4-806
(f) To enter into agreements with the commission, or the department to the extent
authorized by the commission, under which the transportation enterprise agrees to complete
surface transportation infrastructure projects as specified in the agreements;
(g) To make and enter into contracts or agreements with any private or public entity to
facilitate a public-private partnership, including, but not limited to:
(I) An agreement pursuant to which the transportation enterprise or the enterprise on
behalf of the department operates, maintains, or provides services or property in connection
with a surface transportation infrastructure project; or
(II) An agreement pursuant to which a private entity completes all or any portion of a
surface transportation infrastructure project on behalf of the transportation enterprise;
(h) To make and to enter into all other contracts or agreements, including, but not
limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmen-
tal agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the
exercise of its powers and performance of its duties;
(i) To employ or contract for the services of consulting engineers or other experts as are
necessary in its judgment to carry out its powers and duties;
(j) To prepare, or cause to be prepared, detailed plans, specifications, or estimates for
any surface transportation infrastructure project within the state;
(k) In connection with any surface transportation infrastructure project, to acquire,
finance, repair, reconstruct, replace, operate, or maintain any surface transportation infra-
structure within the state;
(1) To set and adopt, on an annual basis, a budget for the transportation enterprise;
(m) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an option to
purchase, dispose of, or encumber real or personal property or any interest therein,
including easements and rights-of-way, without restriction or limitation;
(n) . To enter into interest rate exchange agreements for bonds that have been issued in
accordance with article 59.3 of title 11, C.R.S.;
(o) Pursuant to section 24-1-107.5, C.R.S., to establish, create, and approve nonprofit
entities and bonds issued by or on behalf of such nonprofit entities for the purpose of
completing a surface transportation infrastructure project, to accept the assets of any such
nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by
paying its bonds, to appoint or approve the appointment of members of the governing board
of any such nonprofit entity, and to remove the members of the governing board of any such
nonprofit entity for cause;
(p) To transfer money, property, or other assets of the transportation enterprise to the
department to the extent necessary to implement the financing of any surface transportation
infrastructure project or for any other purpose authorized in this part 8; and
(q) To have and exercise all rights and powers necessary or incidental to or implied
from the specific powers and duties granted in this section.
(7) (a) In addition to the powers and duties specified in subsection (6) of this section,
the transportation enterprise board has the duty to evaluate any toll highway in the state that
is owned and offered for sale or for lease and an operating concession by an entity other
than the state in order to determine whether it is in the best interests of the state for the
transportation enterprise to purchase or lease the toll highway or a partial interest in the toll
highway that is being offered for sale, lease, or concession or enter into a public-private
partnership in connection with the toll highway. In evaluating a toll highway, the transpor-
tation enterprise board shall consider the financial costs and benefits to the state and users
of the toll highway of purchasing or leasing the toll highway or a partial interest in the toll
highway or entering into a public-private partnership in connection with the toll highway;
the effect of such a purchase, lease, or public-private partnership on statewide, regional, or
local transportation plans previously adopted and on future transportation planning; and any
other factors deemed significant by the board. In considering the effect on regional or local
transportation plans, the transportation enterprise board shall consult with the appropriate
regional or local transportation planning agency. Subject to criteria, procedures, processes,
and rules established by the entity other than the state offering the toll highway for sale or
for lease and an operating concession including, without limitation, provisions for rejecting
all bids or proposals and short-listing bidders and proposers, and without any special
43-4-806 Transportation Title 43 - page 220
consideration for either public or private sector interests that may bid on or propose to
purchase or lease a toll highway, the transportation enterprise board may bid on or propose
to purchase or lease a toll highway or a partial interest in a toll highway so offered without
change or delay of such criteria, procedures, processes, and rules or may enter into a
public-private partnership in connection with a toll highway and may finance all or a portion
of the purchase or lease of a toll highway or a public-private partnership entered into in
connection with a toll highway by issuing bonds as authorized by section 43-4-807 if the
board determines that the purchase, lease, or public-private partnership is in the best
interests of the state. Funding to perform a toll highway evaluation shall be provided by the
department and managed by the transportation enterprise board. An entity other than the
state shall consider and represent the interests of its constituency at all times during and
after the evaluation process conducted by the transportation enterprise board pursuant to
this subsection (7).
(b) For purposes of this subsection (7), "entity other than the state" means a public
highway authority created pursuant to section 43-4-504, a regional transportation authority
created pursuant to section 43-4-603, a toll road or toll highway company formed pursuant
to section 7-45-101, C.R.S., or any other natural person or entity other than the state or a
department or agency of the state that may own a toll highway.
(c) This subsection (7) shall not be construed to require the transportation enterprise
board to purchase or lease any toll highway or partial interest in a toll highway or to enter
into any public-private partnership in connection with any toll highway.
(7.5) In addition to any other powers and duties specified in this section, the transpor-
tation enterprise may enter into a transportation demand management contract with the
department under which the department compensates the transportation enterprise for
relieving traffic congestion during peak travel times, as determined by the department and
the transportation enterprise, in the portion of the interstate 70 mountain corridor that
includes and lies between Floyd hill and the Eisenhower- Johnson tunnels by providing and
operating reversible highway lanes within that portion of the corridor. If a feasibility study
of a moveable barrier system on interstate 70 is completed and demonstrates that such a
system is viable and that life safety issues can be addressed, a transportation demand
management contract may establish, consistent with planning provisions in section 43-1-
1103, the interstate 70 collaborative effort, context sensitive solutions, and the processes
required by the federal "National Environmental Policy Act of 1969", 42 U.S.C. 4321 et
seq., the goal of beginning the provision and operation of reversible highway lanes and
reporting to the general assembly no later than January 1, 2011. A transportation demand
management contract may authorize the transportation enterprise to enter into single-fiscal
year or multiple-fiscal year operating lease agreements or capital lease or lease-purchase
agreements with a private contractor as needed to provide and operate the reversible
highway lanes.
(8) (a) When the transportation enterprise board decides to study the feasibility or
desirability of completing a surface transportation infrastructure project that adds substan-
tial transportation capacity or significantly alters travel patterns, the board shall invite every
metropolitan planning organization or other transportation planning region with planning
responsibility for any area in which the project will be located and every affected public
mass transit operator, as defined in section 43-1-102 (5), public highway authority created
pursuant to part 5 of this article, and regional transportation authority created pursuant to
part 6 of this article to collaborate with the board in its study and review and comment
regarding the project. The transportation enterprise board and a metropolitan planning
organization, transportation planning region, public mass transit operator, public highway
authority, or regional transportation authority may enter into an intergovernmental agree-
ment to define the degree of collaboration and any sharing of costs and revenues. The
transportation enterprise board, in collaboration with those metropolitan planning organi-
zations, transportation planning regions, public mass transit operators, and authorities that
are entitled to and wish to collaborate with the board, may develop a plan for the completion
of the surface transportation infrastructure project that addresses the feasibility of the
project, the technology to be utilized, project financing, and any other federally required
information.
Title 43 - page 221 Financing 43-4-807
(b) In order to ensure that the limited resources available for the completion of major
surface transportation infrastructure projects are allocated only to projects deemed essential
by all impacted metropolitan planning organizations and other transportation planning
regions, every metropolitan planning organization or other transportation planning region
that includes territory in which all or any portion of a proposed surface transportation
infrastructure project that will add substantial transportation capacity or significantly alter
traffic patterns is to be completed shall have the right to participate in the planning and
development, and approve the completion, of the project. The right of participation shall
extend, without limitation, to decisions regarding the scope of the project, the type of
surface transportation infrastructure to be provided, project financing, allocation of project
revenues, and the manner in which any user fees are to be imposed. A surface transportation
infrastructure project shall not proceed past the planning stage until all metropolitan
planning organizations entitled to participate in the planning, development, and approval
process, including the transportation enterprise and any partner of the enterprise under the
terms of a public-private partnership, have approved the project.
(9) (a) The transportation enterprise shall not supplant or duplicate the services pro-
vided by any public mass transit operator, as defined in section 43-1-102 (5), railroad,
public highway authority created pursuant to part 5 of this article, or regional transportation
authority created pursuant to part 6 of this article except as described in detail in an
intergovernmental agreement or other contractual agreement entered into by the transpor-
tation enterprise and the operator, railroad, or authority. The creation of and undertaking of
surface transportation infrastructure projects by the transportation enterprise pursuant to this
part 8 is not intended to discourage any combination of local governments from forming a
public highway authority or a regional transportation authority.
(b) Moneys made available for any surface transportation infrastructure project pursu-
ant to this part 8 shall not be used to supplant existing or budgeted department funding for
any portion of the state highway system within the territory of any transportation planning
region, as defined in section 43-1-1102 (8), that includes any portion of the project
(10) No later than February 15, 2010, and no later than February 15 of each year
thereafter, the transportation enterprise shall present a report to the committees of the house
of representatives and the senate that have jurisdiction over transportation. The report shall
include a summary of the transportation enterprise's activities for the previous year, a
summary of the status of any current surface transportation infrastructure projects, a
statement of the enterprise's revenues and expenses, and any recommendations for statutory
changes that the enterprise deems necessary or desirable. The committees shall review the
report and may recommend legislation. The report shall be public and shall be available on
the web site of the department on or before January 15 of the year in which the report is
presented.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 30, § 1, effective March 2.
L. 2010: (7.5) added, (SB 10-184), ch. 334, p. 1536, § 1, effective May 27.
Editor's note: This section is similar to former §§ 43-4-803, 43-4-804, 43-4-805, and 43-4-806 as
they existed prior to 2009.
43-4-807. Bonds - investments - bonds eligible for investment and exempt from
taxation. (1) (a) Both the bridge enterprise and the transportation enterprise may, from
time to time, issue bonds for any of their corporate purposes. The bonds shall be issued
pursuant to resolution of the bridge enterprise board or the transportation enterprise board
and shall be payable solely out of all or a specified portion of the moneys in the bridge
special fund or the transportation special fund as the case may be.
(b) Bonds may be executed and delivered by the issuing enterprise at such times; may
be in such form and denominations and include such terms and maturities; may be subject
to optional or mandatory redemption prior to maturity with or without a premium; may be
in fully registered form or bearer form registrable as to principal or interest or both; may
bear such conversion privileges; may be payable in such installments and at such times not
exceeding forty-five years from the date thereof; may be payable at such place or places
43-4-807 Transportation Title 43 - page 222
whether within or without the state; may bear interest at such rate or rates per annum, which
may be fixed or vary according to index, procedure, or formula or as determined by the
issuing enterprise or its agents, without regard to any interest rate limitation appearing in
any other law of the state; may be subject to purchase at the option of the holder or the
issuing enterprise; may be evidenced in such manner; may be executed by such officers of
the issuing enterprise, including the use of one or more facsimile signatures so long as at
least one manual signature appears on the bonds, which may be either of an officer of the
issuing enterprise or of an agent authenticating the same; may be in the form of coupon
bonds that have attached interest coupons bearing a manual or facsimile signature of an
officer of the issuing enterprise; and may contain such provisions not inconsistent with this
part 8, all as provided in the resolution of the issuing enterprise under which the bonds are
authorized to be issued or as provided in a trust indenture between the issuing enterprise and
any commercial bank or trust company having full trust powers.
(c) Bonds of the issuing enterprise may be sold at public or private sale at such price
or prices, in such manner, and at such times as determined by the board of the issuing
enterprise, and the board may pay all fees, expenses, and commissions that it deems
necessary or advantageous in connection with the sale of the bonds. The power to fix the
date of sale of the bonds, to receive bids or proposals, to award and sell bonds, to fix interest
rates, and to take all other action necessary to sell and deliver the bonds may be delegated
to an officer or agent of the issuing enterprise. Any outstanding bonds may be refunded by
the issuing enterprise pursuant to article 56 of tide 11, C.R.S. All bonds and any interest
coupons applicable thereto are declared to be negotiable instruments.
(d) The resolution or trust indenture authorizing the issuance of the bonds may pledge
all or a portion of the bridge special fund or the transportation special fund, as the case may
be; may, respectively, pledge all or a portion of the rights of the bridge enterprise to impose,
and receive the revenues generated by, a bridge safety surcharge authorized by section
43-4-805 (5) (g) or all or a portion of the rights of the transportation enterprise to impose,
and receive the revenues generated by, any user fee or other charge authorized by section
43-4-806; may contain such provisions for protecting and enforcing the rights and remedies
of holders of any of the bonds as the issuing enterprise deems appropriate; may set forth the
rights and remedies of the holders of any of the bonds; and may contain provisions that the
issuing enterprise deems appropriate for the security of the holders of the bonds, including,
but not limited to, provisions for letters of credit, insurance, standby credit agreements, or
other forms of credit ensuring timely payment of the bonds, including the redemption price
or the purchase price.
(e) Any pledge of the bridge special fund, the transportation special fund, or other
property made by an issuing enterprise or by any person or governmental unit with which
an issuing enterprise contracts shall be valid and binding from the time the pledge is made.
The pledged special fund or other pledged property shall immediately be subject to the lien
of the pledge without any physical delivery or further act, and the lien of the pledge shall
be valid and binding against all parties having claims of any kind in tort, contract, or
otherwise against the pledging party regardless of whether the claiming party has notice of
the lien. The instrument by which the pledge is created need not be recorded or filed.
(f) Neither the members of the board of an issuing enterprise, employees of the issuing
enterprise, nor any person executing the bonds shall be liable personally on the bonds or
subject to any personal liability by reason of the issuance thereof.
(g) An issuing enterprise may purchase its bonds out of any available moneys and may
hold, pledge, cancel, or resell such bonds subject to and in accordance with agreements with
the holders thereof.
(2) An issuing enterprise may invest or deposit any proceeds and any interest from the
sale of bonds in the manner provided by part 6 of article 75 of title 24, C.R.S. In addition,
an issuing enterprise may direct a corporate trustee that holds such proceeds and any interest
to invest or deposit such proceeds and any interest in investments or deposits other than
those specified by said part 6 if the board of the issuing enterprise determines, by resolution,
that the investment or deposit meets the standard established in section 15-1-304, C.R.S.,
the income is at least comparable to income available on investments or deposits specified
Title 43 - page 223 Financing 43-4-808
by said part 6, and the investment will assist the issuing enterprise in the completion of a
designated bridge project or other authorized surface transportation infrastructure project.
(3) All banks, trust companies, savings and loan associations, insurance companies,
executors, administrators, guardians, trustees, and other fiduciaries may legally invest any
moneys within their control in any bonds issued under this part 8. Public entities, as defined
in section 24-75-601 (1), C.R.S., may invest public moneys in such bonds only if the bonds
satisfy the investment requirements established in part 6 of article 75 of tide 24, C.R.S.
(4) The income or other revenues of the bridge enterprise and the transportation
enterprise, all properties at any time owned by either enterprise, bonds issued by either
enterprise, and the transfer of and the income from any bonds issued by either enterprise
shall be exempt from all taxation and assessments in the state. In the resolution or indenture
authorizing the bonds, the issuing enterprise may waive the exemption from federal income
taxation for interest on the bonds. Bonds issued by an issuing enterprise shall be exempt
from the provisions of article 51 of title 11, C.R.S.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 38, § 1, effective March 2.
Editor's note: This section is similar to former §§ 43-4-807, 43-4-808, 43-4-809, and 43-4-810 as
they existed prior to 2009.
43-4-808. Toll highways - special provisions - limitations. (1) The transportation
enterprise or any partner of the enterprise operating surface transportation infrastructure that
is a toll highway under the terms of a public-private partnership shall, in operating the toll
highway:
(a) Ensure unrestricted access by all vehicles to the toll highway and shall not require
that a particular class of vehicles travel upon the toll highway; except that the enterprise or
its partner may designate one or more highway lanes for high-occupancy vehicle use only
and may restrict access to vehicles carrying hazardous materials or other vehicles to the
extent necessary to protect the health and safety of the public; and
(b) Allow any public transportation vehicle to travel on the toll highway without paying
a user fee.
(2) (a) The traffic laws of this state, and those of any municipality through which a toll
highway passes, and the transportation enterprise's regulations regarding toll collection and
enforcement shall pertain to and govern the use of the toll highway. State and local law
enforcement authorities are authorized to enter into traffic and toll enforcement agreements
with the transportation enterprise. Any moneys received by a state law enforcement
authority pursuant to a toll enforcement agreement shall be subject to annual appropriations
by the general assembly to the law enforcement authority for the purpose of performing its
duties pursuant to the agreement.
(b) The transportation enterprise may adopt, by resolution of the transportation enter-
prise board, rules pertaining to the enforcement of toll collection and providing a civil
penalty for toll evasion. The civil penalty established by the transportation enterprise for
any toll evasion shall be not less than ten dollars nor more than two hundred fifty dollars
in addition to any costs imposed by a court. The transportation enterprise may use
state-of-the-art technology, including, but not limited to, automatic vehicle identification
photography, to aid in the collection of tolls and enforcement of toll violations. The use of
state-of-the-art technology to aid in enforcement of toll violations shall be governed solely
by this section.
(c) (I) Any person who evades a toll established by the transportation enterprise shall
be subject to the civil penalty established by the enterprise for toll evasion. Any peace
officer as described in section 16-2.5-101, C.R.S., shall have the authority to issue civil
penalty assessments, or municipal summons and complaints if authorized pursuant to a
municipal ordinance, for toll evasion.
(II) At any time that a person is cited for toll evasion, the person operating the motor
vehicle involved shall be given either a notice in the form of a civil penalty assessment
notice or a municipal summons and complaint
43-4-808 Transportation Title 43 - page 224
(HI) If a civil penalty assessment notice is issued, the notice shall be tendered by a
peace officer as described in section 16-2.5-101, C.R.S., and shall contain the name and
address of the person operating the motor vehicle involved, the license number of the motor
vehicle, the person' s driver's license number, the nature of the violation, the amount of the
penalty prescribed for the violation, the date of the notice, a place for the person to execute
a signed acknowledgment of the person's receipt of the civil penalty assessment notice, a
place for the person to execute a signed acknowledgment of liability for the cited violation,
and such other information as may be required by law to constitute the notice as a complaint
to appear for adjudication of a toll evasion pursuant to this section if the prescribed toll, fee,
or civil penalty are not paid within twenty days. Every cited person shall execute the signed
acknowledgment of the person's receipt of the civil penalty assessment notice.
(IV) The acknowledgment of liability shall be executed at the time the person cited
pays the prescribed penalty. The person cited shall pay the toll, fee, or civil penalty
authorized by the transportation enterprise at the office of the enterprise or the enterprise's
collection designee either in person or by postmarking the payment within twenty days of
the notice. If the person cited does not pay the prescribed toll, fee, or civil penalty within
twenty days of the notice, the civil penalty assessment notice shall constitute a complaint
to appear for adjudication of a toll evasion pursuant to this section, and the person cited
shall, within the time specified in the civil penalty assessment notice, file an answer to this
complaint in the manner specified in the notice.
(V) If a municipal summons and complaint is issued, the adjudication of the violation
shall be conducted and the format of the summons and complaint shall be determined
pursuant to the terms of the municipal ordinance authorizing issuance of the summons and
complaint. In no case shall the penalty upon conviction for violation of a municipal
ordinance for toll evasion exceed the limit established in paragraph (b) of this subsection
(2).
(d) (I) The respective courts of the municipalities, counties, and cities and counties
shall have jurisdiction to try all cases arising under municipal ordinances and state laws
governing the use of a toll highway and arising under the toll evasion civil penalty rules
enacted by the transportation enterprise. Venue for any such case shall be in the munici-
pality, county, or city and county where the alleged violation of a municipal ordinance, state
law, or rule of the transportation enterprise occurred.
(II) At the request of the judicial department, the transportation enterprise shall
consider establishing an administrative toll enforcement process and may, by resolution,
adopt rules creating such a process. The rules pertaining to the administrative enforcement
of toll evasion shall require notice to the person cited for toll evasion and provide to the
person an opportunity to appear at an open hearing conducted by an impartial hearing
officer and a right to appeal the final administrative determination of toll evasion to the
county court for the county in which the violation occurred.
(HI) If the transportation enterprise establishes an administrative toll enforcement
process, no court of a municipality, county, or city and county shall have jurisdiction to hear
toll evasion cases arising on a toll highway operated by the enterprise.
(IV) A toll evasion case may be adjudicated by an impartial hearing officer in an
administrative hearing conducted pursuant to this section and the rules promulgated by the
transportation enterprise. The hearing officer may be an administrative law judge employed
by the state or an independent contractor of the transportation enterprise. The contract for
an independent contractor shall grant to the hearing officer the same degree of independence
granted to an administrative law judge employed by the state. The transportation enterprise
may enter into contracts pursuant to section 29-1-203, C.R.S., for joint adjudication of toll
evasion cases pursuant to this section.
(V) The transportation enterprise may file a certified copy of an order imposing a toll,
fee, and civil penalty that is entered by the hearing officer in an adjudication of a toil evasion
with the clerk of the county court in the county in which the violation occurred at any time
after the order is entered. The clerk shall record the order in the judgment book of the court
and enter it in the judgment docket. The order shall thenceforth have the effect of a
judgment of the county court, and execution may issue on the order out of the court as in
other cases.
Tide 43 - page 225 Financing 43-4-808
(VI) An administrative adjudication of a toll evasion by the transportation enterprise is
subject to judicial review. The administrative adjudication may be appealed as to matters of
law and fact to the county court for the county in which the violation occurred. The appeal
shall be a de novo hearing.
( VH) Notwithstanding the specific remedies provided by this section, the transportation
enterprise shall have every legal remedy available to enforce unpaid tolls and fees as debts
owed to the enterprise.
(e) The aggregate amount of penalties, exclusive of court costs, collected as a result of
civil penalties imposed pursuant to rules adopted as authorized in paragraph (b) of this
subsection (2) shall be remitted to the transportation enterprise and shall be applied by the
enterprise to defray the costs and expenses of enforcing the laws of the state and the
regulations of the enterprise. If a municipal summons or complaint is issued, the aggregate
penalty shall be apportioned pursuant to the terms of any enforcement agreement.
(f) (I) In addition to the penalty assessment procedure provided for in paragraph (c)of
this subsection (2), where an instance of toll evasion is evidenced by automatic vehicle
identification photography or other technology not involving a peace officer, a civil penalty
assessment notice may be issued and sent by first-class mail, or by any mail delivery service
offered by an entity other than the United States postal service that is equivalent to or
superior to first-class mail with respect to delivery speed, reliability, and price, by the
transportation enterprise to the registered owner of the motor vehicle involved. The notice
shall contain the name and address of the registered owner of the vehicle involved, the
license number of the vehicle involved, the date of the notice, the date, time, and location
of the violation, the amount of the penalty prescribed for the violation, a place for such
person to execute a signed acknowledgment of liability for the cited violation, and such
other information as may be required by law to constitute the notice as a complaint to
appear for adjudication of a toll evasion civil penalty assessment. Except as otherwise
provided in subparagraphs (II) and (III) of this paragraph (f), the registered owner of the
vehicle involved in a toll evasion shall be presumed liable for the toll, fee, or civil penalty
imposed by the transportation enterprise. If the registered owner of the vehicle does not pay
the prescribed toll, fee, or civil penalty within thirty days of the date of the civil penalty
assessment notice, the notice shall constitute a complaint to appear for adjudication of a toll
evasion in court or in an administrative toll enforcement proceeding, and the registered
owner of the vehicle shall, within the time specified in the notice, file an answer to the
complaint in the manner specified in the notice. If the registered owner of the vehicle fails
to pay in full the outstanding toll, fee, or civil penalty as set forth in the notice or to appear
and answer the complaint and request a hearing as specified in the notice, a final order of
liability shall be entered against the registered owner of the vehicle for the purposes of
enabling the registered owner to appeal pursuant to subparagraph (VI) of paragraph (d) of
this subsection (2) and allowing the transportation enterprise to proceed to judgment
pursuant to subparagraph (V) of paragraph (d) of this subsection (2).
(II) In addition to any other liability provided for in this section, the owner of a motor
vehicle who is engaged in the business of leasing or renting motor vehicles is liable for
payment of a toll evasion violation civil penalty; except that, at the discretion of such
owner
(A) The owner may obtain payment for a toll evasion violation civil penalty from the
person or company who leased or rented the vehicle at the time of the toll evasion through
a credit or debit card payment and forward the payment to the transportation enterprise; or
(B) The owner may seek to avoid liability for a toll evasion violation civil penalty if the
owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time
of the toll evasion violation, the vehicle was leased or rented to another person. To avoid
liability for payment, the owner of the motor vehicle shall, within thirty days after receipt
of the notification of the toll evasion violation, furnish to the transportation enterprise an
affidavit containing the name, address, and state driver* s license number of the person or
company who leased or rented the vehicle. As a condition to avoid liability for payment of
a tofi evasion violation civil penalty, any person or company who leases or rents motor
vehicles to a person shall include a notice in the leasing or rental agreement stating that,
pursuant to the requirements of this section, the person renting or leasing the vehicle is
43-4-808 Transportation Title 43 - page 226
liable for payment of a toll evasion violation civil penalty incurred on or after the date the
person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall
inform the person renting or leasing the vehicle that the person's name, address, and state
driver's license number shall be furnished to the transportation enterprise when a toll
evasion violation civil penalty is incurred during the term of the lease or rental agreement.
(HI) The registered owner of a vehicle involved in a toll evasion violation may rebut the
presumption of liability for the violation by proving by a preponderance of the evidence
that:
(A) The owner sold or otherwise transferred ownership of the vehicle to another person
before the date of the violation as evidenced by a bill of sale or similar document; or
(B) The owner did not have custody and control of the vehicle at the time of the
violation due to theft as evidenced by a report to a law enforcement agency.
(IV) (Deleted by amendment, L. 2010, (SB 10-016), ch. 150, p. 519, § 2, effective
April 21, 2010.)
(g) A court with jurisdiction in a toll evasion case pursuant to subparagraph (I) of
paragraph (d) of this subsection (2) or the transportation enterprise, if it has jurisdiction in
a toll evasion case pursuant to subparagraph (II) of paragraph (d) of this subsection (2), may
report to the department of revenue any outstanding judgment or warrant or any failure to
pay the toll, fee, or civil penalty for any toll evasion. Upon receipt of a certified report from
a court or the transportation enterprise stating that the owner of a registered vehicle has
failed to pay a toll, fee, or civil penalty resulting from a final order entered by the enterprise,
the department shall not renew the registration of the vehicle until the toll, fee, and civil
penalty are paid in full. The transportation enterprise shall contract with and compensate a
vendor approved by the department for the direct costs associated with the nonrenewal of
a vehicle registration pursuant to this paragraph (g). The department has no authority to
assess any points against a license under section 42-2-127, C.R.S., upon entry of a
conviction or judgment for any toll evasion.
(3) Notwithstanding any other provision of law and subject to the requirements of
section 43-4-806 (8) and any limitations set forth in the state constitution or in federal law,
the transportation enterprise may:
(a) Impose user fees on a highway segment or highway lanes that have previously
served vehicular traffic on a user fee-free basis if:
(I) It has obtained any required federal approval for the user fees; and
(II) It has obtained the approval of every local government that includes territory in
which all or any portion of the highway segment or highway lanes upon which the user fee
is to be imposed pass or that will otherwise be substantially impacted by the imposition of
the user fees on the highway segment or highway lanes;
(b) Incorporate congestion management and congestion pricing into its schedule of user
fees for any highway or highway system; and
(c) Authorize the investment of highway-derived user fee revenues for cost-effective
multimodal transportation projects that promote mobility, reductions in emissions of
greenhouse gases, and energy efficiency.
(4) When detennining whether to undertake and complete a surface transportation
infrastructure project to be funded, in whole or in part, through the imposition of any user
fee, the transportation enterprise shall consider whether the completion of the project will
help to reconnect or reintegrate any local government or other community that has been
disconnected or divided by existing transportation infrastructure.
(5) Before imposing a user fee on a highway segment or highway lanes that have
previously served vehicular traffic on a toll-free basis, the transportation enterprise shall
prepare or cause to be prepared a local air quality impact statement and a local community
traffic safety assessment that specifically take into account any diversion of vehicular traffic
from the highway segment or highway lanes onto other highways, roads, or streets that is
expected to result from the imposition of the user fee.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 40, § 1, effective March 2.
L. 2010: (2)(d)(VI), (2)(f)(I), and (2)(f)(IV) amended, (SB 10-016), ch. 150, p. 519, § 2,
effective April 21.
Title 43 - page 227 Financing 43-4-81 1
Editor's note: This section is similar to former § 43-4-811 as it existed prior to 2009, and the
former § 43-4-808 was relocated to § 43-4-807.
43-4-809. Enterprises - applicability of other laws. ( 1 ) Notwithstanding any law to
the contrary, neither the bridge enterprise nor the transportation enterprise shall be subject
to the provisions of the "Procurement Code", articles 101 to 112 of title 24, C.R.S.
(2) (a) The bridge enterprise and the transportation enterprise shall be subject to the
open meetings provisions of the Colorado sunshine law contained in part 4 of article 6 of
title 24, C.R.S., and the "Colorado Open Records Act", article 72 of title 24, C.R.S.
(b) For purposes of part 2 of the "Colorado Open Records Act", article 72 of title 24,
C.R.S., the records of the bridge enterprise and the transportation enterprise shall be public
records, as defined in section 24-72-202 (6), C.R.S., regardless of whether the bridge
enterprise or the transportation enterprise receives less than ten percent of its total annual
revenues in grants, as defined in section 24-77-102 (7), C.R.S., from all Colorado state and
local governments combined.
(3) Revenues of the bridge enterprise and the transportation enterprise shall not be
subject to the provisions of section 43-1-1205.
(4) The bridge enterprise and the transportation enterprise shall each constitute a public
entity for purposes of part 2 of article 57 of title 11, C.R.S.
(5) Labor standards specified in law that apply to the department shall apply with equal
force to the bridge enterprise and the transportation enterprise.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 46, § 1, effective March 2.
Editor's note: This section is similar to former § 43-4-812 as it existed prior to 2009, and the
former § 43-4-809 was relocated to § 43-4-807.
43-4-810. Fees and surcharges - limitations on use. As required by section 18 of
article X of the state constitution, the proceeds of any fee or surcharge imposed pursuant to
the provisions of this part 8 that is a license fee, registration fee, or other charge with respect
to the operation of any vehicle upon any public highway in this state shall be used
exclusively for the construction, maintenance, and supervision of the public highways of
this state as specified in this part 8.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 46, § 1, effective March 2.
Editor's note: Provisions of the former § 43-4-810 were relocated to § 43-4-807 in 2009.
43-4-811. Transit and rail division -funding for local transit grants. (1) Notwith-
standing any other provision of law, for state fiscal year 2009-10 and for each succeeding
state fiscal year the allocation of the surcharges, fees, and fines imposed and credited to the
highway users tax fund created in section 43-4-201 (1) (a) pursuant to section 43-4-804 (1)
and allocated to the state highway fund, counties, and municipalities as specified in section
43-4-205 (6.3) shall be modified as follows:
(a) The allocation to the state highway fund shall be increased by five million dollars.
(b) The allocation to counties shall be reduced by two million seven hundred fifty
thousand dollars.
(c) The allocation to municipalities shall be reduced by two million two hundred fifty
thousand dollars.
(2) For state fiscal year 2009-10 and for each succeeding state fiscal year, five million
dollars of the moneys allocated to the state highway fund pursuant to section 43-4-205 (6.3)
shall be credited to the state transit and rail fund, which is hereby created in the state
treasury, and used by the state transit and rail division created in section 43-1-117.5 (1),
enacted by Senate Bill 09-094, enacted in 2009, to provide grants to local governments for
local transit projects; except that no funds shall be used for the condemnation of land for
the purpose of relocating a rail corridor or rail line.
43-4-812 Transportation Title 43 - page 228
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 47, § 1, effective March 2.
Editor's note: Provisions of the former § 43-4-811 were relocated to § 43-4-808 in 2009.
43-4-812. Use of user fees for transit - legislative declaration. ( 1 ) Notwithstanding
any other provision of law, the transportation enterprise, a public highway authority created
and existing pursuant to part 5 of this article, a regional transportation authority created and
existing pursuant to part 6 of this article, or any other entity that, as of March 2, 2009, is
imposing a user fee or toll for the privilege of traveling on any highway segment or highway
lanes may use revenues generated by the user fee or toll for transit-related projects that
relate to the maintenance or supervision of the highway segment or highway lanes on which
the user fee or toll is imposed.
(2) The general assembly hereby finds and declares that the funding of transit-related
projects authorized by subsection (1) of this section constitutes maintenance and supervi-
sion of state highways because it will help to reduce traffic on state highways and thereby
reduce wear and tear on state highways and bridges and increase their reliability, safety, and
expected useful life.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 47, § 1, effective March 2.
Editor's note: Provisions of the former § 43-4-812 were relocated to § 43-4-809 in 2009.
43-4-813. Transportation deficit report - annual reporting requirement No later
than June 30, 2009, and no later than March 1 of any fiscal year in which road or bridge
safety surcharges are imposed pursuant to section 43-4-804 (1) (a) or 43-4-805 (5) (g), the
department shall prepare and present to the transportation and energy committee of the
house of representatives and the transportation committee of the senate, or any successor
committees, a transportation deficit report that separately addresses the goals of repairing
deficient highways and bridges, as evidenced by a C or D rating, sustaining existing
transportation system performance levels, and achieving the corridor visions described by
regional transportation plans and public preferences. For each goal, the report shall include
a fisting of the annual costs for each of the next ten fiscal years of achieving the goal; the
annual increase and rate of increase of the costs; the factors contributing to the costs,
including, but not limited to, the rate and geographic distribution of population growth,
vehicle size and weight, land use policies, and work patterns; methods of reducing the
impact of the cost factors, including, but not limited to, land use policy changes, increased
use of transit, telecommuting, and peak transportation system demand reduction practices
and economic incentives; and a comparison of the costs of mitigating the cost factors and
the costs of achieving the goal by repairing, upgrading, or expanding the transportation
system. The report shall explain why any cost estimate for a goal differs by more than five
percent from any department estimate of such costs published before March 2, 2009, and
shall separately account for cost overruns other than overruns attributable to increases in the
Colorado construction cost index. The department shall publish the report on its web site in
a format that can be downloaded.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 47, § 1, effective March 2.
PART 9
fflGH-VISffilLrrY DRUNK
DRIVING LAW ENFORCEMENT
Cross references: For the legislative declaration contained in the 2008 act enacting this part 9, see
section 1 of chapter 221, Session Laws of Colorado 2008.
43-4-901. High-visibility drunk driving law enforcement The department of trans-
portation, in implementing the strategic transportation project investment program, shall, as
Title 43 - page 229
Highway Safety
43-5-128
a priority, increase to twelve episodes annually the number of high- visibility drunk driving
law enforcement episodes that the department oversees. The high-visibility drunk driving
law enforcement episodes required by this section shall be independent of, and in addition
to, the drunk driving prevention and law enforcement program described in part 4 of this
article.
Source: L. 2008: Entire part added, p. 838, § 8, effective September 1.
HIGHWAY SAFETY
PARTI
COLORADO STATE PATROL
43-5-101 to
43-5-128.
(Repealed)
PART 2
ARTICLE 5
Highway Safety
43-5-302.
43-5-303.
43-5-304.
43-5-305.
43-5-306.
43-5-307.
AUTO AND TOURIST CAMPS,
HOTELS, AND MOTELS
43-5-201.
43-5-202.
43-5-203.
43-5-204.
43-5-205.
43-5-206.
43-5-207.
43-5-208.
Definitions.
Licenses - fee - penalty. (Re-
pealed)
Required records.
Record open for inspection by
officers.
Allowing stolen motor vehicle
to be stored - penalty.
Revocation of license. (Re-
pealed)
Penalty.
Effective date - applicability.
(Repealed)
43-5-301.
Not to dam stream - penalty.
Overflowing highways - pen-
alty.
Jurisdiction.
Owners construct culverts -
penalty.
Transporting heavy machines.
Injury to highway - penalty.
PART4
IMPLEMENTATION OF FEDERAL
"HIGHWAY SAFETY ACT OF 1966"
43-5-401. Duties and responsibility of
governor.
PART 5
MOTORCYCLE OPERATOR
SAFETY TRAINING
43-5-501.
43-5-502.
safety
43-5-503.
43-5-504.
43-5-505.
PART 3
OFFENSES
Obstructing highway - penalty.
PARTI
COLORADO STATE PATROL
Definitions.
Motorcycle operator
training program.
Instructor requirements and
training.
Motorcycle operator safety
training fund.
Advisory committee. (Re-
pealed)
43-5-101 to 43-5-128. (Repealed)
Source: L. 83: Entire part repealed, p. 971, § 28, effective July 1, 1984.
Editor's note: This part 1 was numbered as article 10 of chapter 120, C.R.S. 1963. For
amendments prior to its repeal in 1984, consult the Colorado statutory research explanatory note and
the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973
beginning on page vii in the front of this volume.
43-5-201 Transportation Title 43 - page 230
Cross references: For the transfer of the powers, duties, and functions of the Colorado state patrol
from the state department of highways to the department of public safety on July 1, 1984, see
§ 24-1-128.6; for the substantive provisions relating to the Colorado state patrol, see part 2 of article
33.5 of title 24.
PART 2
AUTO AND TOURIST CAMPS, HOTELS, AND MOTELS
Cross references: For penalty for false advertising of accommodations and rates of hotel facilities,
see article 14 of title 18.
43-5-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Auto camp" means any auto or tourist camp, park or campsite, tourist court, auto
court, auto hotel, or trailer coach court owned, operated, controlled, or leased by any person,
firm, association, or corporation for the purpose of renting, leasing, or otherwise providing
parking sites or spaces for any motor vehicle, trailer, semitrailer, or trailer coach, irrespec-
tive of the number of parking sites or spaces provided. The term does not include mobile
home parks with respect to spaces rented for the parking and hooking up of trailer coaches
or mobile homes for use as residences.
(2) "Hotel" or "hotel facility" means an establishment engaged in the business of
furnishing overnight room accommodations primarily for transient persons and which
maintains or makes available, as a part of its services to its patrons, faculties for the parking
or storage of motor vehicles.
(3) "Motor vehicle" includes all motor vehicles propelled by power other than mus-
cular power, except road rollers, fire wagons, fire engines, police patrol wagons, police
ambulances, and such vehicles as run only upon rails or tracks or travel through the air.
(4) "Owner" includes any person, firm, association, or corporation renting a motor
vehicle or having the exclusive use thereof under a lease or otherwise for a period greater
than thirty days.
Source: L. 29: p. 466, § 1. L. 31: p. 458, § 1. CSA: C. 16, § 372. CRS 53:
§ 13-14-1. L. 55: p. 207, § l.L. 59: p. 227, § 9.C.R.S. 1963: § 13-14-1. L. 71: p. 259,
§ 1. L. 73: p. 235, § 11. L. 75: (1) amended, p. 1473, § 29, effective July 18.
43-5-202. Licenses - fee - penalty. (Repealed)
Source: L. 29: p. 467, § 2. CSA: C. 16, § 373. CRS 53: § 13-14-2. L. 55: p. 207,
§ 2. C.R.S. 1963: § 13-14-2. L. 71: p. 259, § 2. L. 77: Entire section repealed, p. 1941,
§ 3, effective May 20.
43-5-203. Required records. (1) It is the duty of every person, firm, association, or
corporation owning, operating, controlling, or leasing an auto camp or hotel to keep and
maintain in the auto camp or hotel an easily accessible and permanent daily record of all
automobiles stored, kept, parked, or maintained in said auto camp and all automobiles of
patrons of such hotel which are parked in facilities maintained or made available exclu-
sively for such patrons by such hotel. The record shall be kept in a book or on cards,
consecutively numbered, in a uniform manner approved by the Colorado state patrol. The
record shall include the name and address of the owner of the automobile stored, parked,
kept, or maintained in said auto camp or hotel facility, together with the make, body style,
and year of said automobile and the license number, if any. All such records shall be
preserved for a period of three years.
(2) Repealed.
Source: L. 29: p. 468, § 3. CSA: C. 16, § 374. L. 51: p. 159, § 1. CRS 53:
§ 13-14-3. L. 59: p. 227, § 10. C.R.S. 1963: § 13-14-3. L. 71: p. 260, § 3. L. 72: pp.
555, 588, §§ 6, 46. L. 73: p. 243, § 29. L. 77: (1) amended and (2) repealed, pp. 1940,
1941, §§ 1, 3, effective May 20.
Title 43 - page 231 Highway Safety 43-5-301
43-5-204. Record open for inspection by officers. The books and records of every
auto camp and hotel shall be open for inspection to members of the Colorado state patrol
and all peace officers of the state.
Source: L. 29: p. 468, § 4. CSA: C. 16, § 375. CRS 53: § 13-14-4. C.R.S. 1963:
§ 13-14-4. L. 71: p. 260, § 4.
43-5-205. Allowing stolen motor vehicle to be stored - penalty. Any person who
knowingly allows or permits any stolen motor vehicle to be stored, kept, parked, or
maintained in any licensed auto camp or hotel facility within the state of Colorado is guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than
one hundred dollars. This provision shall not be exclusive of any other penalties prescribed
by any existing or future laws for the theft or unauthorized taking of a motor vehicle.
Source: L. 29: p. 468, § 5. CSA: C. 16, § 376. CRS 53: § 13-14-5. C.R.S. 1963:
§ 13-14-5. L. 71: p. 260, § 5.
43-5-206. Revocation of license. (Repealed)
Source: L. 29: p. 468, § 6. CSA: C. 16, § 377. CRS 53: § 13-14-6. CJLS. 1963:
§ 13-14-6. L. 71: p. 260, § 6. L. 77: Entire section repealed, p. 1941, § 3, effective May
20.
43-5-207. Penalty. Any person violating any of the provisions of this part 2, except as
set forth in section 43-5-205, is guilty of a class 2 petty offense and, upon conviction
thereof, shall be punished by a fine of not more than one hundred dollars.
Source: L. 29: p. 470, § 9. CSA: C. 16, § 380. CRS 53: § 13-14-7. C.RJS. 1963:
§ 13-14-7. L. 72: p. 588, § 47. L. 77: Entire section amended, p. 1940, § 2, effective
May 20.
43-5-208. Effective date - applicability. (Repealed)
Source: L. 71: p. 261, § 7. C.R.S. 1963: § 13-14-8. L. 77: Entire section repealed, p.
1941, § 3, effective May 20.
PART 3
OFFENSES
Cross references: For penalty for dumping trash on highway, see § 18-4-511; for regulation of
vehicles and traffic generally, see article 4 of title 42.
43-5-301. Obstructing highway - penalty. No person or corporation shall erect any
fence, house, or other structure, or dig pits or holes in or upon any highway, or place thereon
or cause or allow to be placed thereon any stones, timber, or trees or any obstruction
whatsoever. No person or corporation shall tear down, burn, or otherwise damage any
bridge of any highway, or cause wastewater or the water from any ditch, road, drain, flume,
agricultural crop sprinkler system, or other source to flow or fall upon any road or highway
so as to damage the same or to cause a hazard to vehicular traffic. Any person or corporation
so offending is guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not less than ten dollars nor more than three hundred dollars and shall also be liable
to any person, unit of government, or corporation in a civil action for any damages resulting
therefrom. Upon a third conviction therefor, the offender shall be punished by a fine of not
less than ten dollars nor more than three hundred dollars or by imprisonment in the county
jail for not more than three days and shall also be liable to any person, unit of government,
43-5-302
Transportation
Title 43 -page 232
or corporation in a civil action for any damages resulting therefrom. Each day such
condition is allowed to continue upon any highway shall be deemed a separate offense.
Source: L. 1883: p. 261, § 36. G.S. § 2988. L. 1885: p. 325, § 1. R.S. 08: § 5826.
C.L. § 1280. CSA: C. 143, § 34. CRS 53: § 120-4-1. C.R.S. 1963: § 120-4-1. L. 81:
Entire section amended, p. 1775, § 2, effective July 1.
Cross references: For damaging road, ditch, or flume, see § 7-42-109; for penalty for cutting or
breaking ditch or flume, see § 37-89-101; for obstructing highway or other passageway, see
§ 18-9-107.
ANNOTATION
This section makes it a criminal offense for
anyone to obstruct a public highway. Sprague
v. Stead, 56 Colo. 538, 139 P. 544 (1914).
Section does not prohibit court instruction
in negligence action. The fact that this section
makes it a criminal act to place an obstruction
on the highway does not prohibit a court in a
negligence action from instructing on the com-
mon-law doctrine that one who moves an ob-
struction into someone else's path and thus cre-
ates a hazard to another must either remove the
obstruction or warn others of the hazard if he
has a reasonable time and opportunity to do so.
Kirkham v. Hickerson Bros. Truck Co., 162
Colo. 125, 425 P.2d 34 (1967).
Absent negligence, seepage from ditch in-
juring highway not actionable. Considering
that to violate any of the provisions requires
active causation, that the construction of ditches
is a lawful enterprise, especially authorized by
statute, that under other statutes the owner of a
ditch is not liable for injuries to land by seepage,
it was held that injury to a public highway by
seepage from a ditch gives no action, unless
negligence is shown. Bridgeford v. Colo. Fuel &
Iron Co., 63 Colo. 372, 167 P. 963 (1917).
Farmer took reasonable measures to pre-
vent obstruction of road when moving agricul-
tural sprinklers and, in light of the special con-
sideration given to the movement of implements
of husbandry by state law, there was no violation
of this section. Bd. of County Comm'rs of Lo-
gan County v. Vandemoer, 205 P.3d 423 (Colo.
App. 2008).
43-5-302. Not to dam stream - penalty. No person or corporation shall dam the waters
of any stream so as to cause the same to overflow any road or damage or weaken the
abutments, walls, or embankments of any bridge of any highway. Any person or corporation
violating any of the provisions of this section shall forfeit the sum of fifty dollars to the
county and shall be liable to any person or corporation in a civil action for any damages
resulting therefrom.
Source: L. 1883: p. 261, § 37. G.S. § 2989. R.S. 08: § 5828. C.L. § 1282. CSA: C.
143, § 36. CRS 53: § 120-4-2. C.R.S. 1963: § 120-4-2.
ANNOTATION
Remedy in damages is exclusive. In view of
our various statutes on the subject, our general
assembly intended the remedy in damages to be
exclusive for this particular kind of obstruction,
and that a criminal prosecution will not lie.
Eaton v. People, 30 Colo. 345, 70 P. 426 (1902).
43-5-303. Overflowing highways - penalty. No person or corporation shall repeatedly,
willfully or negligently cause or allow water to flow, fall, or sprinkle from any ditch, lateral,
canal, waste ditch, reservoir, pond, drain, flume, or agricultural crop sprinkler system upon
any public road or highway so as to damage the same or to cause a hazard to vehicular
traffic. Any person or corporation so offending is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine of not less than ten dollars nor more than
three hundred dollars. Upon a third conviction therefor, the offender shall be punished by
a fine of not less than ten dollars nor more than three hundred dollars or by imprisonment
in the county jail for not more than three days. Each day that water is so allowed to flow
upon any public road or highway shall be deemed a separate offense. Agricultural crop
sprinkler systems upon which generally accepted devices are installed or preventive
Title 43 - page 233
Highway Safety
43-5-305
practices are carried out and when due diligence has been exercised to prevent the end gun
from discharging water upon the highway shall not be deemed to be in violation of this
section, nor shall acts of God, including but not limited to wind, be deemed a violation of
this section.
Source: L. 15: p. 405, § 1. C.L. § 1283. CSA: C. 143, § 37. CRS 53: §120-4-3.
C.R.S. 1963: § 120-4-3. L. 81: Entire section amended, p. 1776, § 3, effective July 1.
Cross references: For civil liability for damages, see § 43-5-302.
43-5-304. Jurisdiction. The county court of the county wherein any of the offenses
described in sections 43-5-301 and 43-5-303 may be committed shall have jurisdiction of
complaints coming within the provisions of sections 43-5-301 and 43-5-303.
Source: L. 15: p. 405, § 2. C.L. § 1284. CSA: C. 143, § 38. CRS 53: § 120-4-4.
C.R.S. 1963: § 120-4-4. L. 64: p. 309, § 273. L. 81: Entire section amended, p. 1776,
§ 4, effective July 1.
43-5-305. Owners construct culverts - penalty. (1) Any person or corporation
owning or constructing any ditch, race, drain, or flume in, upon, or across any highway shall
keep the highway open for safe and convenient travel by constructing culverts, bridges, or
similar structures over such ditch, race, drain, or flume. When any ditch is constructed
across, in, or upon any highway, the person owning or constructing such ditch shall
construct a culvert, bridge, or similar structure long enough to conduct the water from
shoulder to shoulder from such road or highway or of such greater length as the board of
county commissioners having jurisdiction thereover may require, plans for said culvert,
bridge, or similar structure having been approved in advance by said board of county
commissioners. The board of county commissioners shall maintain said culvert, bridge, or
similar structure after construction, in accordance with the provisions of section 37-84-106,
C.R.S.
(2) Any person or corporation who fails to construct a culvert, bridge, or similar
structure across any ditch, race, drain, or flume, within a time limit to be specified by the
board of county commissioners when the plans therefor are approved by said board as
provided in subsection (1) of this section, shall forfeit the sum of twenty-five dollars to the
county for each day of failure to construct such bridge, culvert, or similar structure together
with the cost of construction thereof. Proceeds from such penalty shall be paid into the road
fund of the district. It is the duty of the road supervisor of the district to construct such
culvert, bridge, or similar structure if the owner of such ditch, race, drain, or flume fails to
comply.
Source: L. 1883: p. 261, § 38. G.S. § 2990. L. 1885: p. 324, § 1. RS. 08: § 5829.
C.L. § 1285. CSA: C. 143, § 39. L. 47: p. 747, § 1. CRS 53: § 120-4-5. CJLS. 1963:
§ 120-4-5.
ANNOTATION
This section applies only to ditches con-
structed after its passage. This is apparent
from portions of the act, making it the duty of
the county in which the bridge is situate to
maintain the same after it is once constructed,
and fixing a penalty in case the bridge is not
built within five days after the ditch is con-
structed across the highway. Fanners* High Line
Canal & Reservoir Co. v. Westlake, 23 Colo. 26,
46 P. 134 (1896); People v. Farmers' High Line
Canal & Reservoir Co., 52 Colo. 626, 123 P. 645
(1912).
Section applies to highway laid out after
original construction of ditch. One owning a
ditch over which, subsequent to its original con-
struction, a public highway is laid out, and
which by subsequent enlargement acquires
width exceeding 20 feet, must maintain, as part
43-5-306
Transportation
Title 43 -page 234
of the highway, a bridge at such point of inter-
section. People v. Farmers* High Line Canal &
Reservoir Co., 52 Colo. 626, 123 P. 645 (1912).
Section only becomes applicable where a
ditch crosses a highway, or at least encroaches
so much upon it as to interfere with travel. It was
never intended to cover cases where the ditch
and the roadway are parallel for 1,000 feet.
Farmers' High Line Canal & Reservoir Co. v.
Westlake, 23 Colo. 26, 46 P. 134 (1896).
The enlargement of a ditch is the construc-
tion of that portion of it included within the
enlargement The widening and deepening of a
ditch already constructed is the construction of
that portion of the ditch included in the addi-
tional space, both width and depth covered by
the enlargement. People v. Farmers' High Line
Canal & Reservoir Co., 52 Colo. 626, 123 P. 645
(1912).
If owner refuses to build bridge, county
may do so and recover therefor. Where the
owner of an irrigating ditch refuses to construct
a bridge where it crosses a public road, as he is
required by statute to do, and the county con-
structs such bridge at its own cost, the moneys
expended may be recovered by the county. Peo-
ple v. Farmers' High Line Canal & Reservoir
Co., 52 Colo. 626, 123 P. 645 (1912).
43-5-306. Transporting heavy machines. It is the duty of all persons, associations,
and corporations operating threshing machines or vehicles or using the public roads for
transporting such machines or other heavy machinery to use a sufficient number of heavy
planks, wherever necessary, to protect all sidewalks, bridges, culverts, and causeways from
being broken by said threshing machines or other heavy machinery in passing over the
same.
Source: L. 03: p. 410, § 1. R.S. 08: § 5831. C.L. § 1287. CSA: C. 143, § 41.
CRS 53: § 120-4-6. C.R.S. 1963: § 120-4-6. L. 79: Entire section amended, p. 1642,
§ 60, effective July 1.
43-5-307. Injury to highway - penalty. If any person, association, or corporation
purposely destroys or injures any sidewalk, bridge, culvert, or causeway, or removes any of
the timber or plank thereof, or obstructs the same, he shall forfeit a sum of not less than one
hundred dollars nor more than three hundred dollars and shall be liable for all damages
occasioned thereby and for all necessary cost for rebuilding or repairing the same. All
forfeitures and sums of money recovered under this section and section 43-5-306 shall be
turned into the county road fund.
Source: L. 03: p. 410, § 2. R.S. 08: § 5832. C.L. § 1288. CSA: C. 143, § 42.
CRS 53: § 120-4-7. C.R.S. 1963: § 120-4-7.
PART 4
IMPLEMENTATION OF FEDERAL
"HIGHWAY SAFETY ACT OF 1966"
43-5-401. Duties and responsibility of governor. The governor is hereby designated
as the official of the state of Colorado having the ultimate responsibility for dealing with the
federal government with respect to programs and activities pursuant to the federal "High-
way Safety Act of 1966", and subsequent amendments thereto. To that end, he shall
coordinate the activities of all departments and agencies of this state and its political
subdivisions relating thereto.
Source: L. 67: p. 125, § 1. C.R.S. 1963: § 120-17-1.
Cross references: For the federal "Highway Safety Act of 1966", see 80 Stat. 731, codified at 23
U.S.C. sec. 401 et seq.
Tide 43 - page 235 Highway Safety 43-5-502
PART 5
MOTORCYCLE OPERATOR SAFETY TRAINING
Editor's note: This part 5 was added with relocations in 1994, effective January 1, 1995,
containing relocated provisions of some sections formerly located in article 4 of title 42. Former
C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For the short title of this part 5 ("Uniform Safety Code of 1935"), see
§ 42-4-101.
43-5-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Director" means the director of the office.
(2) "Fund" means the motorcycle operator safety training fund created in section
43-5-504.
(3) "Instructor training specialist" means a licensed motorcycle operator who meets the
standards promulgated by the office to train and oversee instructors for the program.
(4) "Office" means the office of transportation safety in the department of transporta-
tion.
(5) "Program" means the motorcycle operator safety training program established
pursuant to section 43-5-502.
Source: L. 94: Entire part added with relocations, p. 2539, § 4, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1701 as it existed prior to 1994.
43-5-502. Motorcycle operator safety training program. (1) (a) (I) The office
shall establish a motorcycle operator safety training program which shall include courses to
develop the knowledge, attitudes, habits, and skills necessary for the safe operation of a
motorcycle. Such program shall include instruction relating to the effects of alcohol and
drugs on the operation of motorcycles, and it shall include a course to train instructors. The
office shall set standards for the certification of courses in the program. The office shall
contract with vendors for the purpose of providing the program.
(II) The following individuals may enroll in a certified motorcycle operator safety
training course:
(A) Any resident of the state who holds a current valid Colorado driver's license, a
minor driver's license, or an instruction permit authorized by section 42-2-106, C.R.S.; or
(B) Any individual who is a member of the armed forces, who has moved to Colorado
on a permanent change of station basis, and who holds a valid driver's license issued by
another state.
(HI) The charge for enrollment in the certified motorcycle operator training course shall
be the same regardless of whether an individual qualifies for the course pursuant to
sub-subparagraph (A) or (B) of subparagraph (II) of this paragraph (a).
(b) The director may certify any person meeting the applicable standards as an
instructor training specialist to assist in establishing motorcycle operator safety training
courses throughout the state, in implementing the program, and in training and monitoring
instructors.
(c) The director shall designate a program coordinator to implement and administer the
program. In no event shall the office expend more than fifteen percent of the total cost of
the program for administrative costs.
(d) The office shall adopt such rules and regulations as are necessary to carry out the
provisions of the program pursuant to article 4 of title 24, C.R.S.
(2) The office shall begin implementation of this part 5 on November 1 , 1990, or when
the moneys in the fund are sufficient to pay for the costs of implementing the program,
whichever is later. However, operation of courses in the program shall commence no later
than July 1, 1991.
43-5-503 Transportation Title 43 - page 236
Source: L. 94: Entire part added with relocations, p. 2540, § 4, effective January 1,
1995. L. 2000: (l)(a)(II) amended, p. 1360, § 44, effective July 1. L. 2007: (l)(a)(II)
amended and (l)(a)(III) added, p. 855, § 1, effective August 3.
Editor's note: This section is similar to former § 42-4-1702 as it existed prior to 1994.
43-5-503. Instructor requirements and training. (1) The office shall establish
standards for an approved instructor training course. Successful completion of the course
shall require the participant to demonstrate knowledge of course material, knowledge of
safe motorcycle operating practices, and the necessary aptitude for instructing students.
(2) Each applicant for an instructor certificate shall be at least twenty-one years of age
and hold a valid Colorado driver* s license endorsed for motorcycles, which license has not
been revoked or suspended within the three years preceding the date on which the
application for certification is made.
(3) No applicant shall be certified as an instructor if, within the three years preceding
the date on which the application for certification is made:
(a) The applicant was convicted for an offense which is assigned eight or more points
in the point system schedule, as specified in section 42-2-127 (5), C.R.S., or its equivalent
in another state; or
(b) The applicant* s driver's license from any other state was revoked or suspended.
(4) The office shall prescribe the form for an approved instructor certificate and shall
provide for verification that a certified instructor is currently active in the program. No
instructor shall participate in the program without a current certificate.
Source: L. 94: Entire part added with relocations, p. 2540, § 4, effective January 1,
1995.
Editor's note: This section is similar to former § 42-4-1703 as it existed prior to 1994.
43-5-504. Motorcycle operator safety training fund. There is hereby created in the
state treasury a motorcycle operator safety training fund which shall consist of moneys
collected pursuant to sections 42-2-114 (2) (b) and (4) (b), 42-2-118 (1) (b) (II), and
42-3-304 (4), C.R.S. The moneys in the fund shall be available immediately, without further
appropriation, for allocation by the transportation commission to the office of transportation
safety to be used for the implementation and administration of the program. Moneys
credited to the fund shall remain therein at the end of each fiscal year and shall not be
transferred to any other fund.
Source: L. 94: Entire part added with relocations, p. 2541, § 4, effective January 1,
1995. L. 2000: Entire section amended, p. 262, § 5, effective July 1. L. 2005: Entire
section amended, p. 1185, § 39, effective August 8.
Editor's note: This section is similar to former § 42-4-1704 as it existed prior to 1994.
43-5-505. Advisory committee. (Repealed)
Source: L. 94: Entire part added with relocations, p. 2541, § 4, effective January 1,
1995.
Editor's note: (1) Prior to its repeal in 1996, this section was similar to former § 42-4-1705 as
it existed prior to 1994.
(2) Subsection (2) provided for the repeal of this section, effective July 1, 1996. (See L. 94, p.
2541.)
Title 43 - page 237
Aeronautics Division
43-10-102
ARTICLE 6
Transportation of Hazardous Materials by Motor Vehicle
43-6-101 to 43-6-511. (Repealed)
Source: L. 94: Entire article repealed, p. 2541, § 5, effective January 1, 1995.
Editor's note: This article was originally added in 1987. For amendments prior to its repeal in
1995, consult the Colorado statutory research explanatory note and the table itemizing the replace-
ment volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the
front of this volume. For a detailed comparison of this article prior to its repeal in 1994, see the
comparative table located at the back of the index.
Cross references: For current provisions concerning transportation of hazardous and nuclear
materials, see article 20 of title 42; for criminal provisions relating to hazardous waste violations, see
§ 18-13-112; for provisions relating to hazardous waste disposal and management, see article 15 of
title 25; for provisions relating to hazardous substance incidents, see article 22 of title 29.
AVIATION SAFETY AND ACCESSIBILITY
ARTICLE 10
Aeronautics Division
43-10-101. Legislative declaration.
43-10-102. Definitions.
43-10-103. Division of aeronautics cre-
ated - duties.
43-10-104. Colorado aeronautical board •
created.
43-10-105. Duties of the board.
43-10-106. Powers of the board.
43-10-107. Office of director of division
created - transfer.
43-10-108. Annual report. (Repealed)
43-10-108.5. State aviation system grant
program.
43-10-109. Aviation fund created.
43-10-110. Revenues in aviation fund -
disbursements.
43-10-110.7. Conveyance of airport-related
equipment to division.
43-10-1 1 1 . Gasoline tax in lieu of per-
sonal property tax.
43-10-112. Fuel flowage fee - authorized.
43-10-113. Safe operating areas around
airports - establishment.
43-10-114. Violation of federal registra-
tion provisions - aircraft
identification - fuel tanks.
43-10-115. Submittal of budget for rec-
ommendations.
43-10-116. Transfer of functions, em-
ployees, and property. (Re-
pealed)
43-10-101. Legislative declaration. The general assembly hereby declares that there
exists a need to promote the safe operation and accessibility of general aviation and
intrastate commercial aviation in this state; that improvement of general aviation and
intrastate commercial aviation transportation facilities will promote diversified economic
development across the state; and that accessibility to airport facilities for residents of this
state is crucial in the event of a medical or other type of emergency.
Source: L. 91: Entire article added, p. 1045, § 3, effective July 1. L. 97: Entire section
amended, p. 786, § 5, effective May 8.
43-10-102. Definitions. As used in this article, unless the context otherwise requires:
(1) "Aircraft" means any FAA-certificated vehicle used or designed for aviation or
flight in the air.
(2) "Airport** means any area of land or water which is used or intended for the landing
and takeoff of aircraft, any appurtenant areas which are used or intended for airport
buildings or other airport facilities or rights-of-way, and all airport buildings and facilities.
(3) (a) "Aviation purposes" means any objective that provides direct and indirect
benefits to the state aviation system and includes, but is not limited to:
43-10-103 Transportation Title 43 - page 238
(1) Any work involved in constructing, planning, or repairing a public airport or portion
thereof and may include any work involved in constructing or maintaining access roads;
(II) The removal, lowering, relocation, and marking and lighting of any hazard to the
safe operation of aircraft utilizing federal rules and regulations as guidelines for determin-
ing such hazards;
(III) The acquisition of navigational aids used by aircraft landing at or taking off from
such airport;
(IV) The acquisition of safety equipment necessary for the enhancement of the state
aviation system;
(V) Any research study, proposal, or plan for the expansion, location, or distribution of
aviation facilities or resources that are directly related to the state aviation system;
(VI) The promotion of economic development which is related to the promotion,
development, operation, or maintenance of the state aviation system;
(VII) Any acquisition of land, of any interest therein, or of any easement through or
other interest in airspace, including land for future airport development, which is necessary
to permit any such work or to remove, mitigate, prevent, or limit the establishment of any
hazard to the safe operation of aircraft; and
(VAT) Any informal education or training made available to the public concerning
aviation in the state or any informational materials for dissemination to the public
concerning aviation.
(b) Subsidization of airlines is expressly prohibited as an aviation purpose except for
the promotion and marketing of air service at airport facilities.
(4) "Board* 9 means the Colorado aeronautical board.
(5) "Director" means the director of the aeronautics division.
(6) "Division" means the aeronautics division in the department of transportation.
(7) "FAA" means the federal aviation administration or its successor.
(8) "Regional aviation plan" means an aviation plan developed by a regional planning
commission pursuant to section 30-28-110, C.R.S.
(8.5) "State aviation system" means the network of facilities which includes airports,
navigational aids, and safety-related facilities.
(9) "State aviation systems plan" means a plan produced and maintained by the state
which: Addresses the aviation needs within the state, including those needs relating to
airports, navigational aids, and flight safety; identifies and evaluates alternatives to meet
those needs; and recommends preferred solutions for the aviation needs of the state.
Source: L. 91: Entire article added, p. 1045, § 3, effective July 1; (3) amended and (8.5)
added, p. 2392, § 13, effective July l.L. 91, 1st Ex. Sess.: (3) amended and (8.5) added,
p. 1, § 1, effective July 1. L. 96: (3)(h) added, p. 634, § 1, effective May 1. L. 2000: (3)
amended, p. 1331, § 2, effective May 26.
Editor's note: The amendments to this section made by chapter 1, L. 91, First Extraordinary
Session, page 1, section 1, supersede the amendments made by chapter 330, L. 91, page 2392, section
13. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act
enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First
Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the
Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d
875 (Colo. 1991).)
43-10-103. Division of aeronautics created - duties. (1) There is hereby created, in
the department of transportation, the aeronautics division.
(2) The division shall provide support for the Colorado aeronautical board in fulfilling
its duties. The duties of the division shall also include, but not be limited to, the following:
(a) Providing administrative support to the board in the distribution of moneys credited
to the aviation fund for aviation purposes;
(b) Promoting aviation safety;
(c) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 300, § 1, effective
August 5, 2009.)
Tide 43 - page 239 Aeronautics Division 43- 10-104
(d) Providing advisory assistance to airports providing access to the public, including
technical and planning assistance;
(e) Developing and maintaining the state aviation systems plan utilizing regional
aviation plans;
(f) Assisting the FAA and local governments in the identification and control of
potentially hazardous obstructions to navigable airspace utilizing the standards described in
federal rules and regulations for identifying such hazardous obstructions;
(g) Administering the state aviation system grant program established by the general
assembly pursuant to section 43-10-108.5;
(h) Developing annual projections of revenue and expenses for review by the board;
(i) Collecting and analyzing data relating to the use of aircraft in the state;
(j) Advising the FAA in regard to federal programs in the state;
(k) Publishing information relating to aeronautics in the state; and
(1) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 300, § 1, effective
August 5, 2009.)
(m) Directing the state treasurer to transfer moneys from the aviation fund created by
section 43-10-109 to the aviation account of the transportation infrastructure revolving fund
created by section 43-1-113.5, but only if such transfer is approved by the board. The
division may direct the state treasurer to transfer moneys from the aviation account back to
the aviation fund in an amount not exceeding the amounts previously transferred from the
aviation fund, but only if such transfer is approved by the board and by the transportation
commission.
(3) The division is authorized to enter into contracts with the FAA for the collection of
airport data.
(4) The authority of the division shall be limited to public airports, commercial service
airports, and reliever airports as defined in 49 U.S.C. sec. 47102.
(5) Except as otherwise provided in section 43-10-105 (2), the division is authorized to
assist only those airports that request assistance by means of a resolution passed by the
governing board of die airport and forwarded to the division.
(6) The division is authorized, under the supervision of the board, to contract with a
public or private entity for any of the following purposes:
(a) To provide the division with any work, services, or equipment needed for aviation
purposes;
(b) To carry out the express duties of the division under this section; or
(c) To otherwise implement the intent of this article.
Source: L. 91: Entire article added, p. 1046, § 3, effective July 1; (2)(a) and (2Xg)
amended, p. 2393, § 14, effective July l.L. 91, 1st Ex. Sess.: (2)(a) and (2 )(g) amended,
p. 2, § 2, effective July 1. L. 96: (5) amended and (6) added, p. 634, § 2, effective May
1. L. 2000: (2X1) added and (4) amended, pp. 673, 674, §§ 4, 5, effective May 22.
L. 2001: (4) amended, p. 1287, § 79, effective June 5. L. 2009: (2)(c), (2)(1), and (4)
amended and (2)(m) added, (HB 09-1066), ch. 82, p. 300, § 1, effective August 5.
Editor's note: The amendments to this section made by chapter 1, L. 91, First Extraordinary
Session, page 2, section 2, supersede the amendments made by chapter 330, L. 91, page 2393, section
14. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act
enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First
Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the
Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d
875 (Colo. 1991).)
Cross references: For the legislative declaration contained in the 2000 act enacting subsection
(2)(1) and amending subsection (4), see section 1 of chapter 166, Session Laws of Colorado 2000.
43-10-104. Colorado aeronautical board - created. (1) The division shall be under
the jurisdiction of the Colorado aeronautical board, which board is hereby created. The
board shall consist of seven members. The initial members of the board shall be the
members of the Colorado aeronautical board as such existed in the department of military
43-10-105 Transportation Title 43 - page 240
and veterans affairs prior to July 1, 1991, and the terms of such members shall expire as the
original terms of such members were scheduled to expire. Thereafter, the governor shall
appoint their successors for terms of three years each. If any such member vacates his or
her office during the term for which appointed to the board, a vacancy on the board shall
exist and shall be filled by the governor for the unexpired term. All such appointments shall
be with the consent of the senate. The board shall annually elect from its members a
chairman, a vice-chairman, and a secretary. The members of the board shall receive fifty
dollars per diem while the board is in session and shall be reimbursed for all actual and
necessary expenses incurred in the performance of their official duties. The board shall not
conduct any business unless there are at least four members of the board present.
(2) The members of the board shall be chosen as follows: Four members, two from the
eastern slope and two from the western slope of the state, representing local governments
which operate airports, which members shall be selected by the governor from a list of
nominees supplied by local governments; one member representing a statewide association
of airport managers; one member representing a statewide association of pilots; and one
member familiar with and supportive of the state's aviation issues, interests, and concerns.
Appointments shall be made so as to insure a balance broadly representative of the activity
level of airports throughout the state.
Source: L. 91: Entire article added, p. 1047, § 3, effective July 1. L. 2002: (1)
amended, p. 363, § 29, effective July 1.
Cross references: For the legislative declaration contained in the 2002 act amending subsection
(1), see section 1 of chapter 121, Session Laws of Colorado 2002.
43-10-105. Duties of the board. (1) The board has the following duties:
(a) To advise the director on aviation matters;
(b) To establish procedures for the administration and distribution of moneys credited
to the aviation fund created in section 43-10-109, for aviation purposes at public airports,
commercial service airports, and reliever airports, as defined in 49 U.S.C. sec. 47102, in this
state;
(c) To seek recommendations of the director for the distribution of moneys credited to
the aviation fund created in section 43-10-109;
(d) To establish policies for the growth and development of aviation in the state;
(e) To provide statewide aviation needs to be included in the department of transpor-
tation's statewide transportation plan; and
(f) To set and adopt on an annual basis, a budget for the division, including recom-
mendations to the transportation commission for the amount to be allocated for adminis-
trative costs;
(g) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 301, § 2, effective
August 5, 2009.)
(2) (a) The board shall have no control over federal funds for public airports, except as
provided in paragraph (b) of this subsection (2). The board may accept federal funds to
carry out its powers and duties pursuant to this article.
(b) Pursuant to section 47105 (a) (1) (B) of the federal "Revision of Title 49,
Transportation", 49 U.S.C. sec. 40101 et seq., "Subtitle VII - Aviation Programs", Federal
Public Law 103-272, 108 Stat. 1093, the board may also accept and distribute by contract
to local airports federal funds available to the state for airport development projects
benefitting one or more airports or for airport planning projects for one or more airports if
the following requirements are met:
(I) The sponsor of a local airport gives written consent that the state apply for a project
grant under the federal act cited in this paragraph (b);
(II) The federal secretary of transportation is satisfied that there is administrative merit
and aeronautical benefit for the state being the sponsor of an airport development or
planning project; and
(III) An acceptable agreement exists ensuring that the state will comply with appro-
priate grant conditions and other assurances the federal secretary of transportation requires.
Title 43 - page 241 Aeronautics Division 43-10-107
Source: L. 91: Entire article added, p. 1048, § 3, effective July 1; (1Kb) amended, p.
2393, § 15, effective July 1. L. 91, 1st Ex. Sess.: (l)(b) amended, p. 2, § 3, effective
July 1. L. 96: (2) amended, p. 635, § 3, effective May 1. L. 97: (l)(g) added, p. 785, § 4,
effective May 8. L. 2001: (l)(b) amended, p. 1287, § 80, effective June 5. L. 2006: (1X0
amended, p. 540, § 2, effective July 1. L. 2009: (lXe) and (l)(g) amended, (HB 09-1066),
ch. 82, p. 301, § 2, effective August 5.
Editor's note: The amendments to this section made by chapter 1, L. 91, First Extraordinary
Session, page 2, section 3, supersede the amendments made by chapter 330, L. 91, page 2398, section
15. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act
enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First
Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the
Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d
875 (Colo. 1991).)
43-10-106. Powers of the board. (1) (a) The board has power to: Acquire by gift,
transfer, devise, or eminent domain such land which, in the opinion of the board, poses or
may pose a potential hazard to navigable airspace. In determining whether land or any
structure thereon poses a hazard to navigable airspace, the board shall use as a guide any
applicable federal rules and regulations relating to identification of navigable airspace
(b) Any acquisition of land by the board pursuant to the provisions of paragraph (a) of
this subsection (1) shall be on behalf of the airport affected by such hazard. Upon
acquisition of the land, the board shall transfer title to such land to the governmental entity
operating such airport.
(2) The division, at the request of the board, shall consult with local governments so
that decisions relating to local land use planning may be made in a manner which does not
interfere with the state aviation systems plan, a regional system plan, or the provisions of
article 65.1 of title 24, C.R.S., relating to areas and activities of state interest
Source: L. 91: Entire article added, p. 1048, § 3, effective July 1.
43-10-107. Office of director of division created - transfer. (1) The office of
director of the division is hereby created. Any other provision of the law to the contrary
notwithstanding, the board, with the consent of the executive director, shall appoint the
director, who shall possess such qualifications as may be established by the board and the
state personnel board. The director shall oversee the discharge of all responsibilities of the
division. The director shall devote his entire time to the service of the state in the discharge
of his official duties and shall not hold any other public office. The appointment or removal
of the director shall be subject to the provisions of section 13 of article XII of the state
constitution.
(2) The division, the office of director thereof, and the board shall exercise their powers
and perform their duties and functions specified in this article under the department of
transportation as if the same were transferred to the department by a type 1 transfer, as such
transfer is defined in the ''Administrative Organization Act of 1968", article 1 of tide 24,
C.R.S.
Source: L. 91: Entire article added, p. 1049, § 3, effective July 1.
43-10-108 Transportation Title 43 - page 242
43-10-108. Annual report (Repealed)
Source: L. 91: Entire article added, p. 1049, § 3, effective July 1; entire section
amended, p. 2393, § 16, effective July 1. L. 91, 1st Ex. Sess.: Entire section amended,
p. 2, § 4, effective July 1. L. 96: Entire section repealed, p. 1273, § 207, effective August
7.
Cross references: For the legislative declaration contained in the 1996 act repealing this section,
see section 1 of chapter 237, Session Laws of Colorado 1996.
43-10-108.5. State aviation system grant program. (1) In order to support and
improve the state aviation system, mere is hereby established the state aviation system grant
program. The grant program shall be implemented and administered by the division and the
board in accordance with the provisions of this section.
(2) Any entity operating an FAA-designated public-use airport may apply to the
division for a state aviation system grant to be used solely for aviation purposes. Applica-
tions shall contain such information as may be required by the division and shall be filed
in accordance with procedures established by the division, In order to be eligible for a grant,
the applicant must demonstrate, to the satisfaction of the division, that the grant shall be
used solely for aviation purposes as defined in section 43-10-102 (3). The division shall
evaluate grant applications based upon criteria established by the division and make
recommendations to the board on the awarding of grants. Any grant proposed by the board
shall be submitted to the governor's office for review and recommendation prior to a final
decision. The governor shall accomplish his review and recommendation within thirty days
of submittal of the grant proposal by the board. The board shall make final decisions on the
awarding of grants subject to the availability of moneys in the aviation fund created in
section 43-10-109. The board shall establish procedures to ensure that grants awarded
pursuant to the provisions of this section are used solely for aviation purposes as required
by this subsection (2).
(3) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 302, § 3, effective
August 5, 2009.)
(4) Repealed.
(5) In addition to grants authorized pursuant to subsection (2) of this section, the
division itself may be a recipient of a state aviation system grant, but only for purposes of
implementing a statewide aviation project that would not otherwise be implemented by an
entity operating an FAA-designated public-use airport. Any application for such a grant
shall be submitted to the governor's office for review and recommendation prior to a final
decision. The governor shall accomplish his review and recommendation within thirty days
of submittal of the proposal by the board. The board shall make final decisions on the
awarding of grants to the division for a statewide aviation project subject to the availability
of moneys in the statewide aviation fund created in section 43-10-109.
Source: L. 91: Entire section added, p. 2394, § 17, effective July 1.
L. 91, 1st Ex. Sess.: Entire section added, p. 3, § 5, effective July 1. L. 2001: (4)
repealed, p. 1287, § 81, effective June 5. L. 2009: (2) and (3) amended and (5) added, (HB
09-1066), ch. 82, p. 302, § 3, effective August 5.
Editor's note: The amendments to this section made by chapter 1, L. 91, First Extraordinary
Session, page 3, section 5, supersede the amendments made by chapter 330, L. 91, page 2394, section
17. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act
enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First
Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the
Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814, P.2d
875 (Colo. 1991).)
43-10-109. Aviation fund created. (1) There is hereby created in the state treasury a
fund to be known as the aviation fund, referred to in this article as the "fund", which shall
Title 43 - page 243 Aeronautics Division 43-10-109
consist of all revenues credited thereto pursuant to sections 24-46.6-103 (1) (b) and
39-27-112 (2) (b), C.R.S., and all revenues credited thereto in accordance with subsection
(2) of this section within the total revenues prescribed by the general assembly pursuant to
section 43-1-112.5. All interest derived from the deposit and investment of moneys in the
fund shall be credited to the fund. At the end of any fiscal year, all unexpended and
unencumbered moneys in the fund shall remain therein and shall not be credited or
transferred to the general fund or any other fund, except as directed by the general assembly
acting by bill and subject to the provisions of section 18 of article X of the Colorado
constitution.
(2) (a) In accordance with section 18 of article X of the Colorado constitution, for the
1991-92 fiscal year, and each fiscal year thereafter, one hundred percent of the sales and use
taxes collected during that fiscal year by the state pursuant to sections 39-26-104 and
39-26-202, C.R.S., on aviation fuels used in turbo-propeller or jet engine aircraft shall be
credited to the aviation fund.
(b) Such credit shall be made by the state treasurer as soon as possible after the
twentieth day of the month following the collection of such sales and use taxes.
(c) It is not the intent of the general assembly that the moneys available for expenditure
pursuant to the provisions of this subsection (2) be used to supplant any federal moneys
which may be available to airports, governmental entities operating FAA-designated
public-use airports, or the division pursuant to federal law.
(3) The moneys in the fund are hereby continuously appropriated to the division for the
purposes authorized by law. In each fiscal year, the transportation commission shall budget
and allocate an amount not to exceed five percent of the total amount of revenues credited
to the fund pursuant to section 39-27-112 (2) (b), C.R.S., and subsection (2) of this section
during the preceding fiscal year to be used to defray any administrative costs incurred by
the division and the board in implementing and administering the provisions of this article.
The board shall recommend to the commission an amount to be allocated by the commis-
sion for administrative costs. Any monetary penalties collected pursuant to section 24-46.6-
103 (1) (b), C.R.S., are continuously appropriated to the division to defray any adminis-
trative expenses incurred by the division and the board in enforcing the provisions of
section 24-46.6-103 (1), C.R.S. The general assembly shall appropriate from the fund an
amount to the department of revenue for the reasonable expenses incurred in administering
section 39-26-715 (1) (a) (I) and (2) (a), C.R.S., and as provided in section 39-27-112 (2)
(b), C.R.S.
(4) No later than November 1, 2003, and no later than November 1 of each year
thereafter, the department of transportation shall submit a report to the members of the joint
budget committee that includes, at a minimum, the following information:
(a) The amounts, recipients, and purposes of moneys transferred from the fund during
the prior state fiscal year:
(I) (Deleted by amendment, L. 2009, (HB 09-1066), ch. 82, p. 302, § 4, effective
August 5, 2009.)
(II) To the airport operating fund of the governmental entity operating the FAA-
designated public-use airport pursuant to section 43-10-110 (2) (a); and
(HI) For the awarding of state aviation system grants pursuant to section 43-10-108.5;
(b) The balance remaining in the fund as of June 30 of each state fiscal year and an
explanation of any such balance; and
(c) Any additional information pertaining to the transfer of moneys from the fund as the
joint budget committee may request in the exercise of its discretion.
Source: L. 91: Entire article added, p. 1050, § 3, effective July 1; entire section
amended, p. 2395, § 18, effective July 1. L. 91, 1st Ex. Sess.: Entire section amended,
p. 4, § 6, effective July 1. L. 93: (1) and (3) amended, p. 1514, § 17, effective June 6.
L. 97: (1) and (3) amended, p. 786, § 6, effective May 8. L. 2000: (3) amended, p. 673,
§ 3, effective May 22. L. 2003: (3) amended and (4) added, p. 2605, § 1, effective July 1.
L. 2004: (3) amended, p. 1047, § 22, effective July 1. L. 2006: (3) amended, p. 541, § 3,
effective July 1. L. 2009: (2)(c), (4)(a)(I), and (4)(a)(II) amended, (HB 09-1066), ch. 82,
p. 302, § 4, effective August 5.
43-10-110 Transportation Title 43 - page 244
Editor's note: The amendments to this section made by chapter 1, L. 91, First Extraordinary
Session, page 4, section 6, supersede the amendments made by chapter 330, L. 91, page 2395, section
18. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act
enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First
Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the
Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d
875 (Colo. 1991).)
Cross references: For the legislative declaration contained in the 2000 act amending subsection
(3), see section 1 of chapter 166, Session Laws of Colorado 2000.
43-10-110. Revenues in aviation fond - disbursements. (1) (a) In accordance with
section 18 of article X of the Colorado constitution, moneys in the fund shall be used
exclusively for aviation purposes.
(b) Repealed.
(2) (a) (I) The board shall transfer from the fund, on a monthly basis, to the airport
operating fund of the governmental or airport entity operating the FAA-designated public-
use airport an amount equal to four cents per gallon of gasoline, as defined in section
39-27-101 (12), C.R.S., sold at such airport and an amount equal to sixty-five percent of any
sales and use taxes collected by the state on aviation fuel sold for use at such airport by
turbo-propeller or jet engine aircraft and credited to the fund pursuant to section 43-10-109
(2).
(II) If an intergovernmental agreement is entered into pursuant to the provisions of
article 46.5 of title 24, C.R.S., the portion of the sales and use tax revenues that would
otherwise be transferred to the governmental entity operating an airport in the state at which
commercial passenger service is provided and that has entered into an intergovernmental
agreement under article 46.5 of title 24, C.R.S., shall be transferred to the Colorado business
incentive fund created in section 24-46.5-102, C.R.S. If such an intergovernmental agree-
ment is entered into, moneys shall be transferred by the state treasurer for the length of the
intergovernmental agreement, and, following the conclusion of the agreement, or if no
agreement is entered into, the moneys shall be transferred to such governmental entity in
accordance with the provisions of this section.
(b) The transfer of moneys pursuant to this subsection (2) shall be based upon monthly
reports made by the department of revenue, pursuant to the provisions of sections 39-26-715
(1) (a) (I) and (2) (a) and 39-27-102 (1) (a) (IV) (C), C.R.S., and transmitted to the division.
Such moneys shall only be used for aviation purposes. Moneys in the fund derived from the
sale of gasoline and aviation fuel at airports not qualified to receive revenue pursuant to the
provisions of this subsection (2) shall remain in the fund.
(3) Moneys in the fund not transferred to a governmental or airport entity operating an
FAA-designated public-use airport as provided in subsection (2) of this section and not
allocated for administrative expenses shall be used by the board exclusively for aviation
purposes, including the awarding of grants pursuant to the state aviation system grant
program established by the general assembly pursuant to section 43-10-108.5 and including
the awarding of contracts as authorized in this article.
Source: L. 91: Entire article added, p. 1050, § 3, effective July 1; entire section
amended, p. 2396, § 19, effective July 1. L. 91, 1st Ex. Sess.: Entire section amended,
p. 5, § 7, effective July 1. L. 96: (3) amended, p. 635, § 4, effective May 1; (2) amended,
p. 964, § 2, effective May 23. L. 97: (2)(a)(II) amended, p. 787, § 7, effective May 8.
L. 2000: (1) amended, p. 674, § 6, effective May 22; (2)(a) amended, p. 1330, § 1,
effective May 26. L. 2003: (2)(a)(I) amended, p. 1819, § 8, effective August 6. L. 2004:
(2)(b) amended, p. 1048, § 23, effective July 1. L. 2006: (3) amended, p. 541, § 4,
effective July 1. L. 2009: (2)(a)(I), (2)(b), and (3) amended, (HB 09-1066), ch. 82, p. 303,
§ 5, effective August 5.
Editor's note: (1) The amendments to this section made by chapter 1, L. 91, First Extraordinary
Session, page 3, section 7, supersede the amendments made by chapter 330, L. 91, page 2396, section
19. Although both acts contained a July 1, 1991, effective date, the Governor did not sign the act
Title 43 - page 245 Aeronautics Division 43- 10- 1 14
enacted at the First Extraordinary Session until July 5. The act contained in chapter 1 from the First
Extraordinary Session was subject to an interrogatory submitted to the Supreme Court by the
Governor. The court held the act constitutional on its face. (See In re House Bill 91S-1005, 814 R2d
875 (Colo. 1991).)
(2) Subsection (l)(b)(H) provided for the repeal of subsection (l)(b), effective July 1, 2003. (See
L. 2000, p. 674.)
Cross references: For the legislative declaration contained in the 2000 act amending subsection
(1), see section 1 of chapter 166, Session Laws of Colorado 2000; for the legislative declaration
contained in the 2003 act amending subsection (2)(a)(I), see section 1 of chapter 278, Session Laws
of Colorado 2003.
ANNOTATION
Statute, in conjunction with article 46 .5 of ble grants of special privileges; article V, section
title 24, does not violate the following consti- 25, concerning special legislation; and article
tutional provisions: Article XI, section 2, con- XI, section 3, concerning public debt of the
cerning aid to corporations; article V, section 24, state. In re House Bill 91S-1005, 814 P.2d 875
concerning appropriations to private institu- (Colo. 1991).
tions; article II, section 11, concerning irrevoca-
43-10-110.7. Conveyance of airport-related equipment to division. The city and
county of Denver shall convey at a reasonable cost unneeded airport-related equipment to
the division for equitable distribution to other governmental entities operating airports in
this state.
Source: L. 91, 1st Ex. Sess.: Entire section added, p. 6, § 8, effective July 1.
L. 2009: Entire section amended, (HB 09-1066), ch. 82, p. 304, § 6, effective August 5.
Editor's note: The act enacting this section, as contained in chapter 1 of L. 91, First Extraordinary
Session, was subject to an interrogatory submitted to the Supreme Court by the Governor. The court
held the act constitutional on its face. (See In re House Bill 91S-1005, 814 P.2d 875 (Colo. 1991).)
43-10-111. Gasoline tax in lieu of personal property tax. The gasoline tax imposed
pursuant to section 39-27-102 (1) (a) (IV) (A), C.R.S., is imposed in lieu of personal
property tax on the aircraft, except as otherwise provided in article 4 of title 39, C.R.S.
Source: L. 91: Entire article added, p. 1050, § 3, effective July 1.
43-10-112. Fuel flowage fee - authorized. Any governmental entity which operates an
airport providing access to the public is authorized to impose a fuel flowage fee at such
airport.
Source: L. 91: Entire article added, p. 1051, § 3, effective July 1.
43-10-113. Safe operating areas around airports - establishment (1) The general
assembly hereby declares commercial service airports, public airports, reliever airports, as
defined in 49 U.S.C. sec. 47102, and the land areas surrounding such airports, as defined in
14 CFR part 77, to be a matter of state interest as provided in article 65.1 of title 24, C.R.S.
(2) Governmental entities with zoning and building permit authority shall adopt and
enforce, at a minimum, rules and regulations to protect the land areas defined in 14 CFR
part 77.
Source: L. 91: Entire article added, p. 1051, § 3, effective July 1. L. 2001: (1)
amended, p. 1287, § 82, effective June 5. L. 2007: (1) amended, p. 2051, § 108, effective
June 1.
43-10-114. Violation of federal registration provisions - aircraft identification - fuel
tanks. (1) It is unlawful for any person, firm, association, or corporation in this state to
43-10-115 Transportation Title 43 - page 246
knowingly possess an aircraft that is not registered in accordance with the regulations of the
federal aviation administration contained in Title 14, chapter 1, parts 47-49 of the Code of
Federal Regulations in effect on July 1, 1988.
(2) (a) It is unlawful for any person, firm, association, or corporation to knowingly buy,
sell, offer for sale, receive, dispose of, conceal, or possess, or to endeavor to buy, sell, offer
for sale, receive, dispose of, conceal, or possess, any aircraft or part thereof on which the
assigned aircraft identification numbers do not meet the requirements of the federal aviation
regulations specified in subsection (1) of this section.
(b) The failure to have the assigned aircraft identification numbers clearly displayed on
the aircraft and in compliance with federal aviation regulations is probable cause for any
law enforcement officer in this state to make further inspection of the aircraft in question
to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft
for identification numbers:
(I) When it is located on public property; or
(II) Upon consent of the owner of the private property on which the aircraft is stored.
(3) It is unlawful for any person, firm, association, or corporation to knowingly possess
any aircraft in or operated in mis state that is found to be registered to a nonexistent person,
firm, association, or corporation or to a firm, association, or corporation which is no longer
a legal entity. Any firm, association, or corporation that has no physical location or
corporate officers or that has lapsed into an inactive state or been dissolved for a period of
at least ninety days with no documented attempt to reinstate the firm, association, or
corporation or to register its aircraft in the name of a real person or legal entity in
accordance with federal aviation administration regulations specified in subsection (1) of
this section is in violation of this section.
(4) It is unlawful for any person, firm, association, or corporation to knowingly supply
false information to a governmental entity with respect to the name, address, business name,
or business address of the owner of an aircraft in or operated in this state.
(5) It is unlawful for any person, firm, association, or corporation to knowingly supply
false information to any governmental entity with respect to ownership by it or another
person, firm, association, or corporation of an aircraft in or operated in this state if it is
determined that such person, firm, association, or corporation:
(a) Is not, or has never been, a legal entity in this state;
(b) Is not, or has never been, a legal entity in any other state; or
(c) Has lapsed into a state of no longer being a legal entity in this state and no
documented attempt has been made to correct such information with the governmental
entity for a period of ninety days after the date on which such lapse took effect.
(6) It is unlawful for any person, firm, association, or corporation to install, maintain,
or possess any aircraft which has been equipped with, or had installed in its wings or
fuselage, fuel tanks, bladders, drums, or other containers which will hold fuel if such fuel
tanks, bladders, drums, or other containers do not conform to federal aviation administration
regulations or have not been approved by the federal aviation administration by inspection
or special permit. This subsection (6) applies to any pipes, hoses, or auxiliary pumps which
when present in the aircraft could be used to introduce fuel into the primary fuel system of
the aircraft from such tanks, bladders, drums, or containers.
(7) This section does not apply to any aircraft registration or information supplied by
a governmental entity in the course and scope of performing its lawful duties.
(8) Any aircraft knowingly used in violation of this section shall be deemed a class 1
public nuisance as provided in section 16-13-303 (1) (h.6), C.R.S., and shall be subject to
the provisions relating thereto.
Source: L. 91: Entire article added, p. 1051, § 3, effective July 1.
43-10-115. Submittal of budget for recommendations. The board shall submit an-
nually the proposed budget for the division to the transportation commission for the
commission's review and, with respect to moneys that are to be allocated for administrative
costs, the commission's approval and allocation. The commission shall examine the
division's proposed budget and make recommendations based on the comprehensive
Title 43 - page 247 Aeronautics Division 43-10-1 16
statewide transportation plan formed by the commission pursuant to the provisions of
section 43-1-1103 (5). Except for the portion of the budget that pertains to admimstrative
costs that are allocated by the commission, the commission shall have no authority to reject
or to alter any portion of the division's proposed budget.
Source: L. 91: Entire article added, p. 1053, § 3, effective July 1. L. 2006: Entire
section amended, p. 541, § 5, effective July 1.
43-10-116. Transfer of functions, employees, and property. (Repealed)
Source: L. 91: Entire article added, p. 1053, § 3, effective July 1. L. 2009: Entire
section repealed, (HB 09-1066), ch. 82, p. 304, § 7, effective August 5.
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